Session of 1998
                   
HOUSE BILL No. 2666
         
By Representative Sloan
         
1-20
            9             AN ACT concerning elections; relating to corrupt political advertising;
10             amending K.S.A. 25-4156 and repealing the existing section.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 25-4156 is hereby amended to read as follows:
14       25-4156. (a) (1) Whenever any person sells space in any newspaper, mag-
15       azine or other periodical to a candidate or to a candidate committee, party
16       committee or political committee, the charge made for the use of such
17       space shall not exceed the charges made for comparable use of such space
18       for other purposes.
19           (2) Intentionally charging an excessive amount for political advertis-
20       ing is a class A misdemeanor.
21           (b) (1) Corrupt political advertising of a state or local office is:
22           (A) Publishing or causing to be published in a newspaper or other
23       periodical any paid matter which is designed or tends to aid, injure or
24       defeat any candidate for nomination or election to a state or local office,
25       unless such matter is followed by the word ``advertisement'' or the ab-
26       breviation ``adv.'' in a separate line together with the name and address
27       of the chairperson or treasurer of the political or other organization ;n-
28       serting sponsoring the same or the name and address of the person in-
29       dividual who is responsible therefor; or
30           (B) broadcasting or causing to be broadcast by any radio or television
31       station any paid matter which is designed or tends to aid, injure or defeat
32       any candidate for nomination or election to a state or local office, unless
33       such matter is followed by a statement that the preceding was an adver-
34       tisement together with the name and address of the chairperson or treas-
35       urer of the political or other organization sponsoring the same or the
36       name and address of the person individual who is responsible therefor.;
37       or
38           (C) publishing or causing to be published any brochure, flier or other
39       political fact sheet which is designed or tends to aid, injure or defeat any
40       candidate for nomination or election to a state or local office, unless such
41       matter is followed by the name and address of the chairperson or treasurer
42       of the political or other organization sponsoring the same or the name
43       and address of the individual who is responsible therefor.

HB 2666

2

  1           The provisions of this subsection (C) requiring the disclosure of the
  2       name of an individual shall not apply to individuals making expenditures
  3       in an aggregate amount of less than $100 within a calendar year.
  4           (2) When used in this subsection (b), ``address'' shall mean the name
  5       of the city and state in which such chairperson or treasurer receives mail.
  6           (2) (3) Corrupt political advertising of a state or local office is a class
  7       C misdemeanor.
  8           (4) If any provision of this section or application thereof to any person
  9       or circumstance is held invalid, such invalidity does not affect other pro-
10       visions or applications of this section which can be given effect without
11       the invalid application or provision, and to this end the provisions of this
12       section are declared to be severable.
13           Sec. 2. K.S.A. 25-4156 is hereby repealed.
14           Sec. 3. This act shall take effect and be in force from and after its
15       publication in the statute book.
16