336.180 Definitions for chapter.
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/ky/chapter-336/336-180A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context requires otherwise:
(1)"Candidate" means any person who has received contributions or made
expenditures, has appointed a campaign treasurer, or has given his or her consent
for any other person to receive contributions or make expenditures with a view to
bringing about his or her nomination or election to public office, except federal
office;
(2)"Committee" includes the following:
(a)"Campaign committee," which means one
(1)or more persons who receive
contributions and make expenditures to support or oppose one
(1)or more
specific candidates or slates of candidates for nomination or election to any
state, county, city, or district office, but does not include an entity established
solely by a candidate which is managed solely by a candidate and a campaign
treasurer and whose name is generic in nature, such as "Friends of (the
candidate)," and does not reflect that other persons have structured themselves
as a committee, designated officers of the committee, and assigned
responsibilities and duties to each officer with the purpose of managing a
campaign to support or oppose a candidate in an election;
(b)"Caucus campaign committee," which means members of any caucus groups
who receive contributions and make expenditures to support or oppose one
or more specific candidates or slates of candidates for nomination or election
to any state, county, city, or district office, or a committee in Kentucky or in
any other state. Caucus campaign committees include but are not limited to:
1. The House Democratic caucus campaign committee;
2. The House Republican caucus campaign committee;
3. The Senate Democratic caucus campaign committee;
4. The Senate Republican caucus campaign committee; and
5. Subdivisions of the state executive committee of a minor political party,
which serve the same function as the above-named committees, as
determined by administrative regulations promulgated by the Kentucky
Registry of Election Finance;
(c)"Political issues committee," which means three
(3)or more persons joining
together to advocate or oppose a constitutional amendment or ballot measure
if that committee receives or expends money in excess of one thousand dollars
($1,000);
(d)"Permanent committee," which means a group of individuals, including an
association, committee, or organization, other than a campaign committee,
political issues committee, inaugural committee, caucus campaign committee,
or a party executive committee, which is established as, or intended to be, a
permanent organization having as a primary purpose expressly advocating the
election or defeat of one
(1)or more clearly identified candidates, slates of
candidates, or political parties, which functions on a regular basis throughout
the year;
(e)An executive committee of a political party; and
(f)"Inaugural committee," which means one
(1)or more persons who receive
contributions and make expenditures in support of inauguration activities for
any candidate or slate of candidates elected to any state, county, city, or
district office;
(3)"Contributing organization" means a group which merely contributes to candidates,
slates of candidates, campaign committees, caucus campaign committees, or
executive committees from time to time from funds derived solely from within the
group, and which does not solicit or receive funds from sources outside the group
itself;
(4)"Contribution" means any:
(a)Payment, distribution, loan, deposit, or gift of money or other thing of value,
to a candidate, his or her agent, a slate of candidates, its authorized agent, a
committee, or contributing organization but shall not include a loan of money
by any financial institution doing business in Kentucky made in accordance
with applicable banking laws and regulations and in the ordinary course of
business. As used in this subsection, "loan" shall include a guarantee,
endorsement, or other form of security where the risk of nonpayment rests
with the surety, guarantor, or endorser, as well as with a committee,
contributing organization, candidate, slate of candidates, or other primary
obligor. No person shall become liable as surety, endorser, or guarantor for
any sum in any one
(1)election which, when combined with all other
contributions the individual makes to a candidate, his or her agent, a slate of
candidates, its agent, a committee, or a contributing organization, exceeds the
contribution limits provided in KRS 121.150;
(b)Payment by any person other than the candidate, his or her authorized
treasurer, a slate of candidates, its authorized treasurer, a committee, or a
contributing organization, of compensation for the personal services of
another person which are rendered to a candidate, slate of candidates,
committee, or contributing organization, or for inauguration activities;
(c)Goods, advertising, or services with a value of more than one hundred dollars
($100) in the aggregate in any one
(1)election which are furnished to a
candidate, slate of candidates, committee, or contributing organization or for
inauguration activities without charge, or at a rate which is less than the rate
normally charged for the goods or services; or
(d)Payment by any person other than a candidate, his or her authorized treasurer,
a slate of candidates, its authorized treasurer, a committee, or contributing
organization for any goods or services with a value of more than one hundred
dollars ($100) in the aggregate in any one
(1)election which are utilized by a
candidate, slate of candidates, committee, or contributing organization, or for
inauguration activities;
(5)"Election" means any primary, regular, or special election. Each primary, regular,
or special election shall be considered a separate election;
(6)"Electioneering communications" means:
(a)Any communication broadcast by television or radio, printed in a newspaper
or on a billboard, directly mailed or delivered by hand to personal residences,
or in telephone calls made to personal residences, or otherwise distributed
that:
1. Unambiguously refers to any candidate for any state, county, city, or
district office, or to any ballot measure;
2. Is broadcast, printed, mailed, delivered, made, or distributed within
thirty
(30)days before a primary election or sixty
(60)days before a
general election; and
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or
delivered by hand to, in telephone calls made to, or otherwise distributed
to an audience that includes members of the electorate for such public
office or the electorate associated with the ballot containing the ballot
measure.
(b)"Electioneering communications" does not include:
1. Any news articles, editorial endorsements, opinions or commentary,
writings, or letters to the editor printed in a newspaper, magazine, or
other periodical not owned by or controlled by a candidate, committee,
or political party;
2. Any editorial endorsements or opinions aired by a broadcast facility not
owned or controlled by a candidate, committee, or political party;
3. Any communication by persons made in the regular course and scope of
their business or any communication made by a membership
organization solely to members of such an organization and their
families;
4. Any communication that refers to any candidate only as part of the
popular name of a bill or statute; or
5. A communication that constitutes a contribution or independent
expenditure as defined in this section;
(7)"Employer" means all persons, firms, associations, corporations, public employers,
public school employers, and public colleges, universities, institutions, and
education agencies;
(8)"Fundraiser" means an individual who directly solicits and secures contributions on
behalf of a candidate or slate of candidates for a statewide-elected state office, or an
office in a jurisdiction with a population in excess of two hundred thousand
(200,000) residents;
(9)"Independent expenditure" means the expenditure of money or other things of value
for a communication which expressly advocates the election or defeat of a clearly
identified candidate or slate of candidates, and which is made without any
coordination, consultation, or cooperation with any candidate, slate of candidates,
campaign committee, or any authorized person acting on behalf of any of them, and
which is not made in concert with, or at the request or suggestion of any candidate,
slate of candidates, campaign committee, or any authorized person acting on behalf
of any of them;
(10)"Labor organization" means any organization of any kind, or any agency or
employee representation committee, association or union which exists for the
purpose, in whole or in part, of dealing with employers concerning wages, rates of
pay, hours of employment or conditions of work, or other forms of compensation.
Except, for the purposes of this section or KRS 161.158, 164.365, 336.133,
336.134, 336.1341, 336.135, or 336.990, "labor organization" shall not include
organizations which primarily represent public employees working in the protective
vocations of active law enforcement officer, jail and corrections officer, or active
fire suppression or prevention personnel;
(11)"Political activities" means any contribution or independent expenditure made:
(a)To any committee;
(b)To any contributing organization;
(c)To any candidate;
(d)To any slate of candidates;
(e)To any fundraiser;
(f)For any electioneering communications;
(g)For any testimonial affair;
(h)In any manner intended to influence the outcome of any election;
(i)In any manner intended to otherwise promote or support the defeat of any:
1. Candidate;
2. Slate of candidates; or
3. Ballot measure; or
(j)In any manner intended to advance any position held by any person or entity
other than the public employee regarding any:
1. Election;
2. Candidate;
3. Slate of candidates; or
4. Ballot measure;
(12)"Public employee" means an employee of a "public agency" as that term is defined
in KRS 61.870;
(13)"Slate of candidates" means:
(a)Between the time a certificate or petition of nomination has been filed for a
candidate for the office of Governor under KRS 118.365 and the time the
candidate designates a running mate for the office of Lieutenant Governor
under KRS 118.126, a slate of candidates consists of the candidate for the
office of Governor; and
(b)After that candidate has designated a running mate under KRS 118.126, that
same slate of candidates consists of that same candidate for the office of
Governor and the candidate's running mate for the office of Lieutenant
Governor. Unless the context requires otherwise, any provision of law that
applies to a candidate shall also apply to a slate of candidates; and
(14)"Testimonial affair" means an affair held in honor of a person who holds or who is
or was a candidate for nomination or election to a state, city, county, or district
political office designed to raise funds for the purpose of influencing the outcome
of an election, otherwise promoting support for, or the defeat of, any candidate,
slate of candidates, or ballot measure.