Session of 2006
HOUSE BILL No. 2559
By Representatives O’Malley, Yoder, Colloton, Huntington, Davis, Mah,
Carlin, Craft, Dillmore, Faust-Goudeau, Flaharty, Hill, Huff, Kirk,
Owens, Pottorff, Roth, Ruff, Sawyer, Sloan, B. Sharp, S. Sharp, Storm,
Treaster and Ward
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AN ACT concerning campaign finance; relating to electioneering communications; relating to independent expenditures; relating to certain
reporting requirements; relating to corrupt political advertising;
amending K.S.A. 25-4148 and 25-4156 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any person who spends or contracts to spend an
amount of $500 or more per calendar year for any electioneering communication shall submit a report containing information as required by
subsection (b). For each electioneering communication, the report shall
include:
(1) The name of the clearly identified candidate mentioned in the
electioneering communication.
(2) The name, street address, city, state and zip code of each individual or other entity that contributes more than $50 per year to such person
for an electioneering communication.
(3) The name, street address, city, state and zip code of the vendor
to whom a payment of more than $50 for such electioneering communication is made or contracted to be made.
(4) The amount spent on or contracted to be spent on such electioneering communication is made or contracted to be made. If the person
making the electioneering communication is an individual, such reports
shall also include the occupation and employer of such individual. Reports
required by this section shall be in addition to any other reports required
by law.
(b) (1) (A) For an electioneering communication concerning a candidate for state office, other than an officer elected on a state-wide basis,
the report required by subsection (a) shall be filed in both the office of
the secretary of state and in the office of the county election officer of
the county in which the candidate is a resident.
(B) For an electioneering communication concerning a candidate for
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state-wide office, the report required by subsection (a) shall be filed only
with the secretary of state.
(C) For an electioneering communication concerning a candidate for
local office, the report required by subsection (a) shall be filed in the
office of the county election officer of the county in which the name of
the candidate is on the ballot.
(2) Except as required by paragraph (3), each report required by subsection (a) shall be filed in time to be received in the offices required in
accordance with the times set forth in K.S.A. 25-4148 and amendments
thereto.
(3) For any electioneering communication occurring during the 11
days preceding the election, the report required by subsection (a) shall
be filed within 24 hours of spending or contracting to spend funds on or
before the close of the second business day following the day in which
such funds are spent or contracted to be spent for such electioneering
communication.
(c) For the purposes of this section:
(1) ‘‘Electioneering communication’’ means 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 otherwise
distributed that:
(A) Unambiguously refers to any clearly identified candidate;
(B) is broadcast, printed, mailed, delivered or distributed within 30
days before a primary election or 60 days before a general election;
(C) is broadcast to, printed in a newspaper distributed to, mailed to,
delivered by hand to, or otherwise distributed to an audience that includes
members of the electorate for such public office.
(2) ‘‘Electioneering communication’’ does not include:
(A) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or
other periodical not owned or controlled by a candidate or political party;
(B) any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party;
(C) 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 organization and their families;
(D) any communication that refers to any candidate only as part of
the popular name of a bill or statute;
(E) any communication made solely to promote a candidate debate
or forum that is made by or on behalf of the person sponsoring such
debate or forum; or
(F) any communication made as part of a nonpartisan activity designed to encourage individuals to vote or register to vote.
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(d) The provisions of this section shall be part of and supplemental
to the campaign finance act.
New Sec. 2. (a) Every treasurer for a party committee or political
committee shall file reports of independent expenditures as prescribed
by this act. Reports shall be filed with the secretary of state. Reports
required by this section shall be in additions to any other reports required
by law.
(b) The report shall contain the name and address of each party committee or political committee which has made or contracted to be made
independent expenditures in an aggregate amount or value in excess of
$300 or more during the period commencing 11 days before a primary
or general election at which a state or local officer is to be elected and
ending upon the day before such election. Such report shall contain the
amount, date and purpose of each such independent expenditure, as well
as the name of the candidate whose nomination, election or defeat is
expressly advocated. When an independent expenditure is made by payment to an advertising agency, public relations firm or political consultant
for disbursement to vendors, the report of such independent expenditure
shall show in detail the name of each such vendor and the amount, date
and purpose of the payments to each, as well as the name of the candidate
whose nomination, election or defeat is expressly advocated. The report
shall be made on or before the close of the second business day following
the day in which any independent expenditure is made or is contracted
to be made.
(c) Reports required by this section shall be filed by hand delivery,
express delivery service, facsimile transmission or by any electronic
method authorized by the secretary of state. The secretary of state may
adopt such rules and regulations as the secretary deems necessary to
implement the provisions of this section.
(d) (1) ‘‘Expenditure’’ shall have the meaning ascribed to it in K.S.A.
25-4143 and amendments thereto.
(2) ‘‘Independent expenditure’’ means an expenditure that is not controlled by or coordinated with any candidate or agent of such candidate.
(3) ‘‘Party committee’’ shall have the meaning ascribed to it in K.S.A.
25-4143 and amendments thereto.
(4) ‘‘Political committee’’ shall have the meaning ascribed to it in
K.S.A. 25-4143 and amendments thereto.
(e) The provisions of this section shall be part of and supplemental
to the campaign finance act.
New Sec. 3. (a) Every treasurer for a candidate for state or local
office shall file reports of campaign contributions as prescribed by this
act. Reports filed by treasurers for candidates for state office, other than
officers elected on a state-wide basis, shall be filed in both the office of
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the secretary of state and in the office of the county election officer of
the county in which the candidate is a resident. Reports filed by treasurers
for candidates for state-wide office shall be filed only with the secretary
of state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which
the name of the candidate is on the ballot. Reports required by this section shall be in addition to any other reports required by law.
(b) The report shall contain the name and address of each person
who has made one or more contributions in an aggregate amount or value
of $300 or more during the period commencing 11 days before a primary
or general election at which a state or local officer is to be elected and
ending upon the day of such election. The report shall be made on or
before the close of the second business day following the day in which
any contribution is received. The report shall contain the amount and
date of the contribution, including the name and address of every lender,
guarantor and endorser when the contribution is in the form of an advance or loan.
(c) Reports required by this section shall be filed by hand delivery,
express delivery service, facsimile transmission or by any electronic
method authorized by the secretary of state.
(d) (1) ‘‘Local office’’ shall have the meaning ascribed to it in K.S.A.
25-4143 and amendments thereto.
(2) ‘‘State office’’ shall have the meaning ascribed to it in K.S.A. 254143 and amendments thereto.
(e) The provisions of this section shall be part of and supplemental
to the campaign finance act.
Sec. 4. K.S.A. 25-4148 is hereby amended to read as follows: 254148. (a) (1) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than officers elected on a state-wide basis, shall be filed in both the office of the
secretary of state and in the office of the county election officer of the
county in which the candidate is a resident. Reports filed by treasurers
for candidates for state-wide office shall be filed only with the secretary
of state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which
the name of the candidate is on the ballot.
(2) Except as otherwise provided by subsection (h), all such reports
shall be filed in time to be received in the offices required on or before
each of the following days:
(1) (A) The eighth day preceding the primary election, which. Such
report shall be for the period beginning on January 1 of the election year
for the office the candidate is seeking and ending 12 days before the
primary election, inclusive;.
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(2) (B) The eighth day preceding a general election, which. Such
report shall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive;.
(3) (C) January 10 of the year after an election year, which. Such
report shall be for the period beginning 11 days before the general election and ending on December 31, inclusive;.
(4) (D) For any calendar year when no election is held, a report shall
be filed on the next January 10 for the preceding calendar year;.
(5) A treasurer shall file only the annual report required by subsection
(4) this subparagraph only for those years when the candidate is not
participating in a primary or general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;.
(2) Except as provided in subsection (c), the name and address of
each person who has made one or more contributions in an aggregate
amount or value in excess of $50 during the election period together with
the amount and date of such contributions, including the name and address of every lender, guarantor and endorser when a contribution is in
the form of an advance or loan;.
(3) The aggregate amount of all proceeds from bona fide sales of
political materials such as, but not limited to, political campaign pins,
buttons, badges, flags, emblems, hats, banners and literature;.
(4) The aggregate amount of contributions for which the name and
address of the contributor is not known;.
(5) Each contribution, rebate, refund or other receipt not otherwise
listed;.
(6) The total of all receipts;.
(7) The name and address of each person to whom expenditures have
been made in an aggregate amount or value in excess of $50, with the
amount, date, and purpose of each; the names and addresses of all persons
to whom any loan or advance has been made; when an expenditure is
made by payment to an advertising agency, public relations firm or political consultants for disbursement to vendors, the report of such expenditure shall show in detail the name of each such vendor and the
amount, date and purpose of the payments to each;.
(8) The name and address of each person from whom an in-kind
contribution was received or who has paid for personal services provided
without charge to or for any candidate, candidate committee, party committee or political committee, if the contribution is in excess of $50 and
is not otherwise reported under subsection (b)(7) paragraph (7) of subsection (b), and the amount, date and purpose of the contribution;.
(9) (A) The name and address of each candidate for state or local
office for whom an expenditure in the form of an in-kind contribution has
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been made in an aggregate amount or having a fair market value in excess
of $300, with the amount, date and purpose of each. The report shall show
in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office
who is the subject of an expenditure which:
(i) Is made without the cooperation or consent of a candidate or candidate committee;
(ii) expressly advocates the nomination, election or defeat of such candidate; and
(iii) is an aggregate amount or having a fair market value in excess
of $300.
The report shall state the amount, date and purpose of each. The report
shall show in detail the specific service or product provided. The reporting
requirements imposed by this paragraph shall be in addition to all other
requirements required by this section. The provisions of this paragraph
shall apply only to political committees and party committees.
(9) (10) The aggregate of all expenditures not otherwise reported
under this section; and.
(10) (11) The total of expenditures.
(c) Treasurers of candidates and of candidate committees shall be
required to itemize, as provided in subsection (b)(2), only itemize the
purchase of tickets or admissions to testimonial events by a person who
purchases such tickets or admissions in an aggregate amount or value in
excess of $50 per event, or who purchases such a ticket or admission at
a cost exceeding $25 per ticket or admission. All other purchases of tickets
or admissions to testimonial events shall be reported in an aggregate
amount and shall not be subject to the limitations specified in K.S.A. 254154, and amendments thereto.
(d) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is connected or affiliated or, name or a description sufficiently describing the
affiliation or, if of the connection to or affiliation with such organization.
If the committee is not connected or affiliated with any one organization,
the report shall state the trade, profession or primary interest of the political committee as reflected by the statement of purpose of such
organization.
(e) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such treasurer
contains material errors or omissions, and. The notice of the errors or
omissions shall be part of the public record. The amended report shall
be filed within 30 days after notice by the commission.
(f) The commission may require any treasurer to file a report for any
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period for which the required report is not on file, and. The notice of the
failure to file shall be part of the public record. Such report shall be filed
within five days after notice by the commission.
(g) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate’s committee or
by the treasurer of any party committee or political committee, the date
of the convention or caucus shall be considered the date of the primary
election.
(h) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.
Sec. 5. K.S.A. 25-4156 is hereby amended to read as follows: 254156. (a) (1) Whenever any person sells space in any newspaper, magazine
or other periodical to a candidate or to a candidate committee, party
committee or political committee, the charge made for the use of such
space shall not exceed the charges made for comparable use of such space
for other purposes.
(2) Intentionally charging an excessive amount for political advertising is a class A misdemeanor.
(b) (1) Corrupt political advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter which expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by the word ‘‘advertisement’’ or the
abbreviation ‘‘adv.’’ in a separate line together with the name of the chairperson or treasurer of the political or other organization sponsoring the
same or the name of the individual who is responsible therefor;
(B) broadcasting or causing to be broadcast by any radio or television
station any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office,
unless such matter is followed by a statement which states: ‘‘Paid for’’ or
‘‘Sponsored by’’ followed by the name of the sponsoring organization and
the name of the chairperson or treasurer of the political or other organization sponsoring the same or the name of the individual who is responsible therefor; or
(C) telephoning or causing to be contacted by any telephonic means,
including but not limited to any device using a voice over internet protocol
or wireless telephone, any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or
local office, unless such matter is followed by a statement which states:
‘‘Paid for’’ or ‘‘Sponsored by’’ followed by the name of the sponsoring
organization and the name of the chairperson or treasurer of the political
or other organization sponsoring the same or the name of the individual
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who is responsible therefor; or
(D) publishing or causing to be published any brochure, flier or other
political fact sheet which expressly advocates the nomination, election or
defeat of a clearly identified candidate for a state or local office, unless
such matter is followed by the name of the chairperson or treasurer of
the political or other organization sponsoring the same or the name of
the individual who is responsible therefor.
The provisions of this subsection (C) (D) requiring the disclosure of
the name of an individual shall not apply to individuals making expenditures in an aggregate amount of less than $2,500 within a calendar year.
(2) Corrupt political advertising of a state or local office is a class C
misdemeanor.
(c) If any provision of this section or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other provisions or applications of this section which can be given effect without
the invalid application or provision, and to this end the provisions of this
section are declared to be severable.
Sec. 6. K.S.A. 25-4148 and 25-4156 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
