As Amended by House Committee
          
Session of 1999
         
HOUSE BILL No. 2022
         
By Representative Jenkins
          
1-12
          
10             AN  ACT concerning elections; relating to campaign finance; amending
11             K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143 and 25-4156 and re-
12             pealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 25-4142 is hereby amended to read as follows: 25-
16       4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 to 25-4179 25-4187,
17       inclusive, and amendments thereto and 25-4119e, 25-4119f, 25-4119g,
18       25-4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive,
19       and amendments thereto, shall constitute and may be cited as the "cam-
20       paign finance act."
21             Sec.  2. K.S.A. 1998 Supp. 25-4143 is hereby amended to read as
22       follows: 25-4143. As used in the campaign finance act, unless the context
23       otherwise requires:
24             (a) "Candidate" means an individual who: (1) Appoints a treasurer or
25       a candidate committee;
26             (2) makes a public announcement of intention to seek nomination or
27       election to state or local office;
28             (3) makes any expenditure or accepts any contribution for such per-
29       son's nomination or election to any state or local office; or
30             (4) files a declaration or petition to become a candidate for state or
31       local office.
32             (b) "Candidate committee" means a committee appointed by a can-
33       didate to receive contributions and make expenditures for the candidate.
34             (c) "Clearly identified candidate" means a candidate who has been
35       identified by the:
36             (1) Use of the name of the candidate;
37             (2) use of a photograph or drawing of the candidate; or
38             (3) unambiguous reference to the candidate whether or not the
39       name, photograph or drawing of such candidate is used.
40             (d) "Commission" means the governmental ethics commission .
41             (e)  (1) "Contribution" means:
42             (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
43       ment of money or any other thing of value given to a candidate, candidate

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  1       committee, party committee or political committee for the express pur-
  2       pose of nominating, electing or defeating a clearly identified candidate
  3       for a state or local office.
  4             (B) Any advance, conveyance, deposit, distribution, gift, loan or pay-
  5       ment of money or any other thing of value made to expressly advocate
  6       the nomination, election or defeat of a clearly identified candidate for a
  7       state or local office;
  8             (C) a transfer of funds between any two or more candidate commit-
  9       tees, party committees or political committees;
10             (D) the payment, by any person other than a candidate, candidate
11       committee, party committee or political committee, of compensation to
12       an individual for the personal services rendered without charge to or for
13       a candidate's campaign or to or for any such committee;
14             (E) the purchase of tickets or admissions to, or advertisements in
15       journals or programs for, testimonial events;
16             (F) a mailing of materials designed to expressly advocate the nomi-
17       nation, election or defeat of a clearly identified candidate, which is made
18       and paid for by a party committee with the consent of such candidate.
19             (2) "Contribution" does not include:
20             (A) The value of volunteer services provided without compensation;
21             (B) costs to a volunteer related to the rendering of volunteer services
22       not exceeding a fair market value of $50 during an allocable election
23       period as provided in K.S.A. 25-4149, and amendments thereto;
24             (C) payment by a candidate or candidate's spouse for personal meals,
25       lodging and travel by personal automobile of the candidate or candidate's
26       spouse while campaigning;
27             (D) the value of goods donated to events such as testimonial events,
28       bake sales, garage sales and auctions by any person not exceeding a fair
29       market value of $50 per event.
30             (f) "Election" means:
31             (1) A primary or general election for state or local office; and
32             (2) a convention or caucus of a political party held to nominate a
33       candidate for state or local office.
34             (g)  (1) "Expenditure" means:
35             (A) Any purchase, payment, distribution, loan, advance, deposit or
36       gift of money or any other thing of value made by a candidate, candidate
37       committee, party committee or political committee for the express pur-
38       pose of nominating, electing or defeating a clearly identified candidate
39       for a state or local office.
40             (B) Any purchase, payment, distribution, loan, advance, deposit or
41       gift of money or any other thing of value made to expressly advocate the
42       nomination, election or defeat of a clearly identified candidate for a state
43       or local office;

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  1             (C) any contract to make an expenditure;
  2             (D) a transfer of funds between any two or more candidate commit-
  3       tees, party committees or political committees; or
  4             (E) payment of a candidate's filing fees.
  5             (2) "Expenditure" does not include:
  6             (A) The value of volunteer services provided without compensation;
  7             (B) costs to a volunteer incidental to the rendering of volunteer serv-
  8       ices not exceeding a fair market value of $50 during an allocable election
  9       period as provided in K.S.A. 25-4149, and amendments thereto;
10             (C) payment by a candidate or candidate's spouse for personal meals,
11       lodging and travel by personal automobile of the candidate or candidate's
12       spouse while campaigning or payment of such costs by the treasurer of a
13       candidate or candidate committee;
14             (D) the value of goods donated to events such as testimonial events,
15       bake sales, garage sales and auctions by any person not exceeding fair
16       market value of $50 per event; or
17             (E) any communication by an incumbent elected state or local officer
18       with one or more individuals unless the primary purpose thereof is to
19       expressly advocate the nomination, election or defeat of a clearly identi-
20       fied candidate.
21             (h) "Expressly advocate the nomination, election or defeat of a clearly
22       identified candidate" means:
23             (1) Any communication which uses phrases which states or substan-
24       tially is similar to the following, including, but not limited to:
25             (A) "Vote for the secretary of state";
26             (B) "re-elect your senator";
27             (C) "support the democratic nominee";
28             (D) "cast your ballot for the republican challenger for governor";
29             (E) "Smith for senate";
30             (F) "Bob Jones in '98";
31             (G) "vote against Old Hickory";
32             (H) "defeat" accompanied by a picture of one or more candidates;
33       or
34             (I) "Smith's the one.";
35             (2) any communication of campaign slogans or individual words,
36       which in context have no other reasonable meaning than to support or
37       oppose the nomination, election or defeat of one or more clearly identified
38       candidates; or
39             (3) any communication, when taken as a whole and with limited ref-
40       erence to external events, such as the proximity to the election, only may
41       be interpreted by a reasonable person as containing advocacy of the elec-
42       tion or defeat of one or more clearly identified candidates because:
43             (A) The electoral portion of the communication is unmistakable, com-

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  1       munication is unambiguous and suggestive of only one meaning; and
  2             (B) reasonable minds could not differ as to whether it encourages
  3       actions to elect or defeat one or more clearly identified candidates or
  4       encourages some other kind of action.
  5             (i) "Local office" means a member of the governing body of a city of
  6       the first class, any elected office of a unified school district having 35,000
  7       or more pupils regularly enrolled in the preceding school year, a county
  8       or of the board of public utilities.
  9             (i) (j) "Party committee" means:
10             (1) The state committee of a political party regulated by article 3 of
11       chapter 25 of the Kansas Statutes Annotated;
12             (2) the county central committee or the state committee of a political
13       party regulated under article 38 of chapter 25 of the Kansas Statutes
14       Annotated;
15             (3) the bona fide national organization or committee of those political
16       parties regulated by the Kansas Statutes Annotated;
17             (4) not more than one political committee established by the state
18       committee of any such political party and designated as a recognized
19       political committee for the senate; or
20             (5) not more than one political committee established by the state
21       committee of any such political party and designated as a recognized
22       political committee for the house of representatives.
23             (j) (k) "Person" means any individual, committee, corporation, part-
24       nership, trust, organization or association.
25             (k) (l) "Political committee" means any combination of two or more
26       individuals or any person other than an individual, a major purpose of
27       which is to expressly advocate the nomination, election or defeat of a
28       clearly identified candidate for state or local office or make contributions
29       to or expenditures for the nomination, election or defeat of a clearly
30       identified candidate for state or local office, but not including any can-
31       didate committee or party committee.
32             (l) (m) "Receipt" means a contribution or any other money or thing
33       of value, but not including volunteer services provided without compen-
34       sation, received by a treasurer in the treasurer's official capacity.
35             (m) (n) "State office" means any state office as defined in K.S.A. 25-
36       2505, and amendments thereto.
37             (n) (o) "Testimonial event" means an event held for the benefit of an
38       individual who is a candidate to raise contributions for such candidate's
39       campaign. Testimonial events include but are not limited to dinners,
40       luncheons, rallies, barbecues and picnics.
41             (o) (p) "Treasurer" means a treasurer of a candidate or of a candidate
42       committee, a party committee or a political committee appointed under
43       the campaign finance act or a treasurer of a combination of individuals

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  1       or a person other than an individual which is subject to paragraph (2) of
  2       subsection (a) of K.S.A. 25-4172, and amendments thereto.
  3             (p) "Local office" means a member of the governing body of a city
  4       of the first class, any elected office of a unified school district having
  5       35,000 or more pupils regularly enrolled in the preceding school year, a
  6       county or of the board of public utilities.
  7             Sec.  3. K.S.A. 1998 Supp. 25-4156 is hereby amended to read as
  8       follows: 25-4156. (a) (1) Whenever any person sells space in any news-
  9       paper, magazine or other periodical to a candidate or to a candidate com-
10       mittee, party committee or political committee, the charge made for the
11       use of such space shall not exceed the charges made for comparable use
12       of such space for other purposes.
13             (2) Intentionally charging an excessive amount for political advertis-
14       ing is a class A misdemeanor.
15             (b)  (1) Corrupt political advertising of a state or local office is:
16             (A) Publishing or causing to be published in a newspaper or other
17       periodical any paid matter which expressly advocates the nomination,
18       election or defeat of a clearly identified candidate for a state or local
19       office, unless such matter is followed by the word "advertisement" or the
20       abbreviation "adv." in a separate line together with the name of the chair-
21       person or treasurer of the political or other organization sponsoring the
22       same or the name of the individual who is responsible therefor;
23             (B) broadcasting or causing to be broadcast by any radio or television
24       station any paid matter which expressly advocates the nomination, elec-
25       tion or defeat of a clearly identified candidate for a state or local office,
26       unless such matter is followed by a statement which states: "Paid for" or
27       "Sponsored by" followed by the name of the sponsoring organization and
28       the name of the chairperson or treasurer of the political or other organ-
29       ization sponsoring the same or the name of the individual who is respon-
30       sible therefor; or
31             (C) publishing or causing to be published any brochure, flier or other
32       political fact sheet which expressly advocates the nomination, election or
33       defeat of a clearly identified candidate for a state or local office, unless
34       such matter is followed by the name of the chairperson or treasurer of
35       the political or other organization sponsoring the same or the name of
36       the individual who is responsible therefor.
37             The provisions of this subsection (C) requiring the disclosure of the
38       name of an individual shall not apply to individuals making expenditures
39       in an aggregate amount of less than $2,500 $100 within a calendar year.
40             (2) Corrupt political advertising of a state or local office by a candi-
41       date, candidate committee or party committee is a class C misdemeanor.
42             Corrupt political advertising of a state or local office during the sixty-
43       day period preceding the election by an individual or a political committee

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  1       any person is a class C misdemeanor.
  2             (c) If any provision of this section or application thereof to any person
  3       or circumstance is held invalid, such invalidity does not affect other pro-
  4       visions or applications of this section which can be given effect without
  5       the invalid application or provision, and to this end the provisions of this
  6       section are declared to be severable. 
  7       Sec.  4. K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143 and 25-4156
  8       are hereby repealed.
  9        Sec.  5. This act shall take effect and be in force from and after its
10       publication in the statute book.