Session of 2000
         
HOUSE BILL No. 2656
         
By Committee on Governmental Organization and Elections
         
1-19
         

  9             AN  ACT concerning elections; relating to campaign finance; amending
10             K.S.A. 25-4142 and 25-4157 and K.S.A. 1999 Supp. 25-4143, 25-4148
11             and 25-4157a and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 25-4142 is hereby amended to read as follows: 25-
15       4142. K.S.A. 25-4119, 25-4119e, 25-4142 to 25-4179, inclusive, and
16       amendments thereto and 25-4119e, 25-4119f, 25-4119g, 25-4148a, 25-
17       4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive through 25-
18       4188, and amendments thereto, shall constitute and may be cited as the
19       "campaign finance act."
20             Sec.  2. K.S.A. 1999 Supp. 25-4143 is hereby amended to read as
21       follows: 25-4143. As used in the campaign finance act, unless the context
22       otherwise requires:
23             (a) "Candidate" means an individual who: (1) Appoints a treasurer or
24       a candidate committee;
25             (2) makes a public announcement of intention to seek nomination or
26       election to state or local office;
27             (3) makes any expenditure or accepts any contribution for such per-
28       son's nomination or election to any state or local office; or
29             (4) files a declaration or petition to become a candidate for state or
30       local office.
31             (b) "Candidate committee" means a committee appointed by a can-
32       didate to receive contributions and make expenditures for the candidate.
33             (c) "Clearly identified candidate" means a candidate who has been
34       identified by the:
35             (1) Use of the name of the candidate;
36             (2) use of a photograph or drawing of the candidate; or
37             (3) unambiguous reference to the candidate whether or not the
38       name, photograph or drawing of such candidate is used.
39             (d) "Commission" means the governmental ethics commission.
40             (e)  (1) "Contribution" means:
41             (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
42       ment of money or any other thing of value given to a candidate, candidate
43       committee, party committee or political committee for the express pur-


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


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  1             (D) a transfer of funds between any two or more candidate commit-
  2       tees, party committees or political committees; or
  3             (E) payment of a candidate's filing fees.
  4             (2) "Expenditure" does not include:
  5             (A) The value of volunteer services provided without compensation;
  6             (B) costs to a volunteer incidental to the rendering of volunteer serv-
  7       ices not exceeding a fair market value of $50 during an allocable election
  8       period as provided in K.S.A. 25-4149, and amendments thereto;
  9             (C) payment by a candidate or candidate's spouse for personal meals,
10       lodging and travel by personal automobile of the candidate or candidate's
11       spouse while campaigning or payment of such costs by the treasurer of a
12       candidate or candidate committee;
13             (D) the value of goods donated to events such as testimonial events,
14       bake sales, garage sales and auctions by any person not exceeding fair
15       market value of $50 per event; or
16             (E) any communication by an incumbent elected state or local officer
17       with one or more individuals unless the primary purpose thereof is to
18       expressly advocate the nomination, election or defeat of a clearly identi-
19       fied candidate.
20             (h) "Expressly advocate the nomination, election or defeat of a clearly
21       identified candidate" means any communication which uses phrases in-
22       cluding, but not limited to:
23             (A) "Vote for the secretary of state";
24             (B) "re-elect your senator";
25             (C) "support the democratic nominee";
26             (D) "cast your ballot for the republican challenger for governor";
27             (E) "Smith for senate";
28             (F) "Bob Jones in '98";
29             (G) "vote against Old Hickory";
30             (H) "defeat" accompanied by a picture of one or more candidates;
31       or
32             (I) "Smith's the one."
33             (i) "Party committee" means:
34             (1) The state committee of a political party regulated by article 3 of
35       chapter 25 of the Kansas Statutes Annotated;
36             (2) the county central committee or the state committee of a political
37       party regulated under article 38 of chapter 25 of the Kansas Statutes
38       Annotated;
39             (3) the bona fide national organization or committee of those political
40       parties regulated by the Kansas Statutes Annotated;
41             (4) not more than one political committee established by the state
42       committee of any such political party and designated as a recognized
43       political committee for the senate; or


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  1             (5) not more than one political committee established by the state
  2       committee of any such political party and designated as a recognized
  3       political committee for the house of representatives.
  4             (j) "Person" means any individual, committee, corporation, partner-
  5       ship, trust, organization or association.
  6             (k)  (1) "Political committee" means any combination of two or more
  7       individuals or any person other than an individual, a major purpose of
  8       which is to expressly advocate the nomination, election or defeat of a
  9       clearly identified candidate for state or local office or make contributions
10       to or expenditures for the nomination, election or defeat of a clearly
11       identified candidate for state or local office.
12             (2) "Political committee" shall not mean a candidate committee or
13       party committee.
14             (l) "Receipt" means a contribution or any other money or thing of
15       value, but not including volunteer services provided without compensa-
16       tion, received by a treasurer in the treasurer's official capacity.
17             (m) "State office" means any state office as defined in K.S.A. 25-2505,
18       and amendments thereto.
19             (n) "Testimonial event" means an event held for the benefit of an
20       individual who is a candidate to raise contributions for such candidate's
21       campaign. Testimonial events include but are not limited to dinners,
22       luncheons, rallies, barbecues and picnics.
23             (o) "Treasurer" means a treasurer of a candidate or of a candidate
24       committee, a party committee or a political committee appointed under
25       the campaign finance act or a treasurer of a combination of individuals
26       or a person other than an individual which is subject to paragraph (2) of
27       subsection (a) of K.S.A. 25-4172, and amendments thereto.
28             (p) "Local office" means a member of the governing body of a city
29       of the first class, any elected office of a unified school district having
30       35,000 or more pupils regularly enrolled in the preceding school year, a
31       county or of the board of public utilities.
32             (q) "Material asset" means computers, printers, facsimile machines,
33       furniture, office equipment and any other assets purchased or acquired
34       with moneys received as a contribution and which asset has a fair market
35       value of $100 or more at the time of disposition of such asset as required
36       by K.S.A. 25-4157a, and amendments thereto.
37             (r) "Personal expenditure of the candidate" means any expenditure to
38       defray normal living expenses of the candidate or the candidate's family
39       or any expenditure for the personal benefit of the candidate or the can-
40       didate's family which expenditure has no direct connection with or effect
41       upon the campaign of the candidate or the holding of public office.
42             Sec.  3. K.S.A. 1999 Supp. 25-4148 is hereby amended to read as
43       follows: 25-4148. (a) Every treasurer shall file a report prescribed by this


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  1       section. Reports filed by treasurers for candidates for state office, other
  2       than officers elected on a state-wide basis, shall be filed in both the office
  3       of the secretary of state and in the office of the county election officer of
  4       the county in which the candidate is a resident. Reports filed by treasurers
  5       for candidates for state-wide office shall be filed only with the secretary
  6       of state. Reports filed by treasurers for candidates for local office shall be
  7       filed in the office of the county election officer of the county in which
  8       the name of the candidate is on the ballot. Except as otherwise provided
  9       by subsection (h), all such reports shall be filed in time to be received in
10       the offices required on or before each of the following days:
11             (1) The eighth day preceding the primary election, which report shall
12       be for the period beginning on January 1 of the election year for the office
13       the candidate is seeking and ending 12 days before the primary election,
14       inclusive;
15             (2) the eighth day preceding a general election, which report shall be
16       for the period beginning 11 days before the primary election and ending
17       12 days before the general election, inclusive;
18             (3) January 10 of the year after an election year, which report shall
19       be for the period beginning 11 days before the general election and end-
20       ing on December 31, inclusive;
21             (4) for any calendar year when no election is held, a report shall be
22       filed on the next January 10 for the preceding calendar year;
23             (5) a treasurer shall file only the annual report required by subsection
24       (4) for those years when the candidate is not participating in a primary
25       or general election.
26             (b) Each report required by this section shall state:
27             (1) Cash on hand on the first day of the reporting period;
28             (2) the name and address of each person who has made one or more
29       contributions in an aggregate amount or value in excess of $50 during the
30       election period together with the amount and date of such contributions,
31       including the name and address of every lender, guarantor and endorser
32       when a contribution is in the form of an advance or loan;
33             (3) the aggregate amount of all proceeds from bona fide sales of po-
34       litical materials such as, but not limited to, political campaign pins, but-
35       tons, badges, flags, emblems, hats, banners and literature;
36             (4) the aggregate amount of contributions for which the name and
37       address of the contributor is not known;
38             (5) each contribution, rebate, refund or other receipt not otherwise
39       listed;
40             (6) the total of all receipts;
41             (7) the name and address of each person to whom expenditures have
42       been made in an aggregate amount or value in excess of $50, with the
43       amount, date, and purpose of each ; the names and addresses of all per-


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  1       sons to whom any loan or advance has been made; when an expenditure
  2       is made by payment to an advertising agency, public relations firm or
  3       political consultants for disbursement to vendors, the report of such ex-
  4       penditure shall show in detail the name of each such vendor and the
  5       amount, date and purpose of the payments to each;
  6             (8) the name and address of each person from whom an in-kind con-
  7       tribution was received or who has paid for personal services provided
  8       without charge to or for any candidate, candidate committee, party com-
  9       mittee or political committee, if the contribution is in excess of $50 and
10       is not otherwise reported under subsection (b)(7), and the amount, date
11       and purpose of the contribution;
12             (9) the aggregate of all expenditures not otherwise reported under
13       this section; and
14             (10) the total of expenditures.
15             (c) Treasurers of candidates and of candidate committees shall be
16       required to itemize, as provided in subsection (b)(2), only the purchase
17       of tickets or admissions to testimonial events by a person who purchases
18       such tickets or admissions in an aggregate amount or value in excess of
19       $50 per event, or who purchases such a ticket or admission at a cost
20       exceeding $25 per ticket or admission. All other purchases of tickets or
21       admissions to testimonial events shall be reported in an aggregate amount
22       and shall not be subject to the limitations specified in K.S.A. 25-4154,
23       and amendments thereto.
24             (d) If a contribution or other receipt from a political committee is
25       required to be reported under subsection (b), the report shall include the
26       full name of the organization with which the political committee is con-
27       nected or affiliated or, name or description sufficiently describing the
28       affiliation or, if the committee is not connected or affiliated with any one
29       organization, the trade, profession or primary interest of the political com-
30       mittee as reflected by the statement of purpose of such organization.
31             (e) The commission may require any treasurer to file an amended
32       report for any period for which the original report filed by such treasurer
33       contains material errors or omissions, and notice of the errors or omissions
34       shall be part of the public record. The amended report shall be filed
35       within 30 days after notice by the commission.
36             (f) The commission may require any treasurer to file a report for any
37       period for which the required report is not on file, and notice of the failure
38       to file shall be part of the public record. Such report shall be filed within
39       five days after notice by the commission.
40             (g) Any report filed under this section which constitutes a termination
41       report for the purpose of K.S.A. 25-4157, and amendments thereto, shall
42       include full information relating to the disposition of any material assets
43       and residual funds.


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  1             (g) (h) For the purpose of any report required to be filed pursuant
  2       to subsection (a) by the treasurer of any candidate seeking nomination by
  3       convention or caucus or by the treasurer of the candidate's committee or
  4       by the treasurer of any party committee or political committee, the date
  5       of the convention or caucus shall be considered the date of the primary
  6       election.
  7             (h) (i) If a report is sent by certified or registered mail on or before
  8       the day it is due, the mailing shall constitute receipt by that office.
  9             Sec.  4. K.S.A. 25-4157 is hereby amended to read as follows: 25-
10       4157. Before any candidate committee, party committee or political com-
11       mittee may be dissolved or the position of a candidate's treasurer termi-
12       nated, the treasurer of the candidate or such committee shall file a
13       termination report which shall include full information as to the dispo-
14       sition of material assets and residual funds. Any report required by K.S.A.
15       25-4148, and amendments thereto, may be a termination report. Reports
16       of the dissolution of candidate committees of candidates for state office,
17       the termination of the treasurer of a candidate for state office, the dis-
18       solution of a political committee the major purpose of which is to support
19       or oppose any candidate for state office and the dissolution of party com-
20       mittees shall be filed in the office of the secretary of state. Reports of the
21       dissolution of candidate committees of candidates for local office, the
22       termination of the treasurer of a candidate for local office and the dis-
23       solution of a political committee the major purpose of which is to support
24       or oppose any candidate for local office shall be filed in the office of the
25       county election officer of the county.
26             Sec.  5. K.S.A. 1999 Supp. 25-4157a is hereby amended to read as
27       follows: 25-4157a. (a) No moneys received by any candidate or candidate
28       committee of any candidate as a contribution under this act shall be used
29       or be made available for the personal use of the candidate and no such
30       moneys shall be used by such candidate or the candidate committee of
31       such candidate except for:
32             (a) Moneys received as a contribution under the campaign finance act
33       shall not be expended, used or made available for any personal expendi-
34       ture of the candidate. Such moneys received as a contribution only shall
35       be expended, used or made available for:
36             (1) Legitimate campaign purposes;
37             (2) expenses of holding political office;
38             (3) contributions to the party committees of the political party of
39       which such candidate is a member;
40             (4) any membership dues or donations paid to a community service
41       or civic organization in the name of the candidate or candidate committee
42       of any candidate;
43             (5) expenses incurred in the purchase of tickets to meals and special


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  1       events sponsored by any organization the major purpose of which is to
  2       promote or facilitate the social, business, commercial or economic well
  3       being of the local community; or
  4             (6) expenses incurred in the purchase and mailing of greeting cards
  5       to voters and constituents.
  6             For the purpose of this subsection, expenditures for "personal use"
  7       shall include expenditures to defray normal living expenses for the can-
  8       didate or the candidate's family and expenditures for the personal benefit
  9       of the candidate having no direct connection with or effect upon the
10       campaign of the candidate or the holding of public office.
11             (b) No moneys received by any candidate or candidate committee of
12       any candidate as a contribution shall be used to pay interest or any other
13       finance charges upon moneys loaned to the campaign by such candidate
14       or the spouse of such candidate.
15             (c) No candidate or candidate committee shall accept from any other
16       candidate or candidate committee for any candidate for local, state or
17       national office, any moneys received by such candidate or candidate com-
18       mittee as a campaign contribution. The provisions of this subsection shall
19       not be construed to prohibit a candidate or candidate committee from
20       accepting moneys from another candidate or candidate committee if such
21       moneys constitute a reimbursement for one candidate's proportional
22       share of the cost of any campaign activity participated in by both all can-
23       didates involved in such campaign activity. Such reimbursement shall not
24       exceed an amount equal to the proportional share of the cost directly
25       benefiting and attributable to the personal campaign of the candidate
26       making such reimbursement.
27             (d)  (1) At the time of the termination of any campaign and prior to
28       the filing of a termination report in accordance with K.S.A. 25-4157, and
29       amendments thereto, all residual funds otherwise not obligated for the
30       payment of expenses incurred in such campaign or the holding of office
31       shall be:
32             (A) Contributed to a charitable organization, as defined by the laws
33       of the state,;
34             (B) contributed to a party committee or; or
35             (C) returned as a refund in whole or in part to any contributor or
36       contributors from whom received or paid into the general fund of the
37       state.
38             (2) At the time of the termination of any campaign and prior to the
39       filing of a termination report in accordance with K.S.A. 25-4157, and
40       amendments thereto, material assets shall be:
41             (A) Contributed to a charitable organization as defined by the laws
42       of this state;
43             (B) sold and the proceeds from the sale thereof shall be contributed


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  1       to a charitable organization as defined by the laws of the state; or
  2             (C) purchased by the candidate whose campaign is terminated at a
  3       price which equals or exceeds the fair market value of such material asset.
  4       The proceeds from the sale to such candidate shall be contributed to a
  5       charitable organization as defined by the laws of the state. 
  6       Sec.  6. K.S.A. 25-4142 and 25-4157 and K.S.A. 1999 Supp. 25-4143,
  7       25-4148 and 25-4157a are hereby repealed.
  8        Sec.  7. This act shall take effect and be in force from and after its
  9       publication in the statute book.