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 9  AN ACT concerning campaign finance; relating to contributions and ex-
10    penditures; amending K.S.A. 25-206 and 25-4153 and repealing the
11    existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 25-206 is hereby amended to read as follows: 25-
15  206. (a) Except as provided in subsection (b) subsections (b) and (c), when
16  a candidate in lieu of nomination petitions files a declaration of intention
17  to become a candidate for any national, state, county or township office,
18  the accompanying fee shall be in an amount as follows:  For the office of
19  United States senator, United States representative from any district or
20  at large, all state offices, and all county offices, where the salary is over
21  $1,000 per year, a sum equal to 1% of one year's salary as determined by
22  the secretary of state for state and national offices, and as determined by
23  the county election officer for county offices. For all county offices where
24  the salary is $1,000 or less, a fee of $5; for a state senator, $75; for rep-
25  resentatives, $50; for all township offices, $1. Nothing in this act shall be
26  construed as requiring any fee of a candidate filing a declaration of in-
27  tention to become a candidate for precinct committeeman or precinct
28  committeewoman. The officer receiving the funds shall turn them over
29  to the state treasurer, if deposited with the secretary of state, or to the
30  county treasurer, if deposited with the county election officer, and the
31  funds shall become a part of the general fund of the respective govern-
32  ment.
33    Such declaration shall be prescribed by the secretary of state and shall
34  be attested before a county election officer or deputy county election
35  officer in the case of county and township offices, and before a county
36  election officer, the secretary of state or a deputy of one of such officers
37  in the case of state and national offices, and a notary public in the case
38  of precinct committeemen and committeewomen.
39    (b)  When a candidate for the office of district magistrate judge, in
40  lieu of nomination petitions, files a declaration of intention to become a
41  candidate for such office, the declaration shall be in the same form and
42  subject to the same method of attestation as provided for other state
43  officers in subsection (a) and the required fee to accompany the decla-
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 1  ration shall be $100.
 2    (c)  Any candidate for election to membership in the Kansas senate or
 3  house of representatives and any candidate for election to state office
 4  elected on a statewide basis who files a statement of intent to be bound
 5  by expenditure limitations prescribed by section 4, may file a declaration
 6  of intention to become a candidate for such office without the payment of
 7  the fee required by subsection (a), and no fee shall be required therefor.
 8    Sec. 2.  K.S.A. 25-4153 is hereby amended to read as follows: 25-
 9  4153. (a) The aggregate amount contributed to a candidate and such
10  candidate's candidate committee and to all party committees and political
11  committees and dedicated to such candidate's campaign, by any political
12  committee or any person except a party committee, the candidate or the
13  candidate's spouse, shall not exceed the following:
14    (1)  For the pair of offices of governor and lieutenant governor or and
15  for other state officers elected from the state as a whole who have filed
16  a statement of intent to be bound by expenditure limitations prescribed
17  by section 4, $2,000 for each primary election (or in lieu thereof a caucus
18  or convention of a political party) and an equal amount for each general
19  election; and for the pair of offices of governor and lieutenant governor
20  and for other officers of the state elected from the state as a whole, who
21  have filed a statement of intent not to be bound by expenditure limitations
22  prescribed by section 4, $400 for each primary election (or in lieu thereof
23  a caucus or convention of a political party) and an equal amount for each
24  general election.
25    (2)  for the office of member of the house of representatives, district
26  judge, district magistrate judge, district attorney, member of the state
27  board of education or a candidate for local office, $500 for each primary
28  election (or in lieu thereof a caucus or convention of a political party) and
29  an equal amount for each general election.;
30    (3)  for the office of state senator, for any candidate who has filed a
31  statement of intent to be bound by expenditure limitations prescribed by
32  section 4, $1,000 for each primary election (or in lieu thereof a caucus or
33  convention of a political party) and an equal amount for each general
34  election.; and for any candidate for the office of state senator who has
35  filed a statement of intent not to be bound by expenditure limitations
36  prescribed by section 4, $200 for each primary election (or in lieu thereof
37  a caucus or convention of a political party) and an equal amount for each
38  general election; and
39    (4)  for the office of member of house of representatives, for any can-
40  didate who has filed a statement of intent to be bound by expenditure
41  limitations prescribed by section 4, $500 for each primary election (or in
42  lieu thereof a caucus or convention of a political party) and an equal
43  amount for each general election; and for any candidate for the office of
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 1  member of the house of representatives who has filed a statement of intent
 2  not to be bound by expenditure limitations prescribed by section 4, $100
 3  for each primary election (or in lieu thereof a caucus or convention of a
 4  political party) and an equal amount for each general election.
 5    (b)  For the purposes of this section, the face value of a loan at the
 6  end of the period of time allocable to the primary or general election is
 7  the amount subject to the limitations of this section. A loan in excess of
 8  the limits herein provided may be made during the allocable period if
 9  such loan is reduced to the permissible level, when combined with all
10  other contributions from the person making such loan, at the end of such
11  allocable period.
12    (c)  For the purposes of this section, all contributions made by une-
13  mancipated children under 18 years of age shall be considered to be
14  contributions made by the parent or parents of such children. The total
15  amount of such contribution shall be attributed to a single custodial par-
16  ent and 50% of such contribution to each of two parents.
17    (d)  The aggregate amount contributed to a state party committee by
18  a person other than a national party committee or a political committee
19  shall not exceed $15,000 in each calendar year; and the aggregate amount
20  contributed to any other party committee by a person other than a na-
21  tional party committee or a political committee shall not exceed $5,000
22  in each calendar year.
23    The aggregate amount contributed by a national party committee to a
24  state party committee shall not exceed $25,000 in any calendar year, and
25  the aggregate amount contributed to any other party committee by a
26  national party committee shall not exceed $10,000 in any calendar year.
27    The aggregate amount contributed to a party committee by a political
28  committee shall not exceed $5,000 in any calendar year.
29    (e)  Any political funds which have been collected and were not sub-
30  ject to the reporting requirements of this act shall be deemed a person
31  subject to these contribution limitations.
32    (f)  Any political funds which have been collected and were subject to
33  the reporting requirements of the campaign finance act shall not be used
34  in or for the campaign of a candidate for a federal elective office.
35    (g)  The amount contributed by each individual party committee of
36  the same political party other than a national party committee to any
37  candidate for office, for any primary election at which two or more can-
38  didates are seeking the nomination of such party shall not exceed the
39  following:
40    (1)  For the pair of offices of governor and lieutenant governor and
41  for each of the other state officers elected from the state as a whole,
42  $2,000 for each primary election (or in lieu thereof a caucus or convention
43  of a political party);
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 1    (2)  for the office of member of the house of representatives, district
 2  judge, district magistrate judge, district attorney, member of the state
 3  board of education or a candidate for local office, $500 for each primary
 4  election (or in lieu thereof a caucus or convention of a political party).
 5    (3)  for the office of state senator, $1,000 for each primary election
 6  (or in lieu thereof a caucus or convention of a political party).
 7    (h)  When a candidate for a specific cycle does not run for office, the
 8  contribution limitations of this section shall apply as though the individual
 9  had sought office.
10    (i)  No person shall make any contribution or contributions to any
11  candidate or the candidate committee of any candidate in the form of
12  money or currency of the United States which in the aggregate exceeds
13  $100 for any one primary or general election, and no candidate or can-
14  didate committee of any candidate shall accept any contribution or con-
15  tributions in the form of money or currency of the United States which
16  in the aggregate exceeds $100 from any one person for any one primary
17  or general election.
18    New Sec. 3.  The provisions of sections 3 to 6, inclusive, shall apply
19  to:
20    (a)  Candidates for election to membership in the house of represen-
21  tatives and the senate of the state of Kansas; and
22    (b)  candidates for election to state offices elected on a statewide basis
23  from and after January 1, 1999.
24    New Sec. 4.  The commission shall establish campaign expenditure
25  limitations in accordance with this section and shall provide copies of such
26  schedule to persons requesting the same and to all candidates for offices
27  specified in section 3, at the time of filing for office. Such expenditure
28  limitations shall apply to primary and general election cycles prescribed
29  for the allocation of contributions and expenditures prescribed by K.S.A.
30  25-4149, and amendments thereto. Campaign expenditures shall not ex-
31  ceed:
32    (a)  For offices elected on a statewide basis:
33    (1) (A)  For uncontested election cycles for the pair of offices of gov-
34  ernor and lieutenant governor, $200,000; and
35    (B)  for contested election cycles, for the pair of offices of governor
36  and lieutenant governor, $1,000,000;
37    (2) (A)  for uncontested election cycles for the office of secretary of
38  state, $100,000; and
39    (B)  for contested election cycles for the office of secretary of state,
40  $400,000;
41    (3) (A)  for uncontested election cycles for the office of attorney gen-
42  eral, $100,000; and
43    (B)  for contested election cycles for the office of attorney general,
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 1  $400,000;
 2    (4) (A)  for uncontested election cycles for the office of state treas-
 3  urer, $100,000; and
 4    (B)  for contested election cycles for the office of state treasurer,
 5  $400,000; and
 6    (5) (A)  for uncontested election cycles for the office of insurance
 7  commissioner, $100,000; and
 8    (B)  for contested election cycles for the office of insurance commis-
 9  sioner, $400,000; and
10    (b)  for the office of state senator:
11    (1)  For uncontested election cycles for the office of state senator,
12  $10,000; and
13    (2)  for contested election cycles for the office of state senator,
14  $40,000; and
15    (c)  for the office of state representative:
16    (1)  For uncontested election cycles for the office of state represen-
17  tative, $5,000; and
18    (2)  for contested election cycles for the office of state representative,
19  $15,000;
20    An uncontested election is an election in which only one candidate has
21  filed to appear on the ballot for an election cycle.
22    A contested election is an election in which more than one candidate
23  will appear on the same ballot for an election cycle.
24    (d)  For any candidate who is running against another candidate, who
25  is also currently holding the office, for which such candidates are running,
26  expenditures shall not exceed an amount equal to 110% of the amounts
27  prescribed under subsections (a), (b) and (c) for candidates for such of-
28  fices.
29    Expenditure limitations hereinbefore prescribed shall be adjusted by
30  the legislature to become effective January 1, 1999, and each two years
31  thereafter, to reflect changes in costs of financing election campaigns.
32    New Sec. 5.  Any candidate who has filed a statement of intent to be
33  bound by the campaign expenditure limitations prescribed by section 4,
34  who makes any expenditures in excess of such amounts shall pay a civil
35  penalty in an amount equal to 100% of all expenditures made in excess
36  of such limitation. All civil penalties collected pursuant to this section
37  shall be remitted to the state treasurer and upon receipt thereof the state
38  treasurer shall deposit the same in the state treasury and credit it to the
39  Kansas commission on governmental standards and conduct fee fund.
40    New Sec. 6.  Within five days following the filing of reports of ex-
41  penditures in accordance with K.S.A. 25-4148, and amendments thereto,
42  the commission shall compile and produce a list of the accumulated ex-
43  penditures of all candidates for offices for which expenditure limitations
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 1  are prescribed under section 4. Copies of such lists shall be filed in the
 2  office of the secretary of state and in addition, in the case of members of
 3  the legislature, in the office of the county election officer of the counties
 4  from which members of the legislature are elected.
 5    Sec. 7.  K.S.A. 25-206 and 25-4153 are hereby repealed.
 6    Sec. 8.  This act shall take effect and be in force from and after its
 7  publication in the statute book.