As Amended by House Committee
Session of 1997
HOUSE BILL No. 2128
By Representative Sloan
10 AN ACT relating to elections; relating to certain campaign practices;
11 amending K.S.A. 25-4119g and 25-4156
and K.S.A. 1996 Supp. 25-
12 4152 and repealing the existing sections.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 25-4119g is hereby amended to read as follows: 25-
16 4119g. (a) For the purpose of safeguarding the integrity of the election
17 process and to prevent the use of fraudulent and libelous statements and
18 materials the commission shall prepare a statement adopt rules and reg-
19 ulations establishing standards of fair campaign practices to assist gov-
20 erning candidates in the proper conduct of election campaigns. A copy
21 of such statement standards shall be mailed by the commission to each
22 candidate at the time of the receipt of notice of appointment of a treasurer
23 or candidate committee by such candidate.
24 (b) Any candidate violating the provisions of such rules and regula-
25 tions shall be subject to a civil fine in an amount and imposed in the
26 manner prescribed by K.S.A. 25-4181, and amendments thereto.
27 Sec. 2. K.S.A. 25-4156 is hereby amended to read as follows: 25-
28 4156. (a) (1) Whenever any person sells space in any newspaper, maga-
29 zine or other periodical to a candidate or to a candidate committee, party
30 committee or political committee, the charge made for the use of such
31 space shall not exceed the charges made for comparable use of such space
32 for other purposes.
33 (2) Intentionally charging an excessive amount for political advertis-
34 ing is a class A misdemeanor.
35 (b) (1) Corrupt political advertising of a state or local office is:
36 (A) Publishing or causing to be published in a newspaper or other
37 periodical any paid matter political advertising which is designed or tends
38 to aid, injure or defeat any candidate for nomination or election to a state
39 or local office, unless such matter identifies the candidate which such
40 advertising is designed to assist and includes a statement that such can-
41 didate has read and approved the same and such matter is followed by
42 the word ``advertisement'' or the abbreviation ``adv.'' in a separate line
43 together with the name of the chairperson and or treasurer of the political
1 or other organization
inserting the same or the name of the person in-
2 dividual who is responsible therefor and the city of residence of such
3 person individual or the city in which the primary office of such organ-
4 ization is located;
5 (B) publishing or causing to be published any postcard, letter, bro-
6 chure, flyer or other political fact sheet which is designed or tends to aid,
7 injure or defeat any candidate for nomination or election to a state or
8 local office, unless such matter identifies the candidate which such matter
9 is designed to assist and includes a statement that such candidate has read
10 and approved the same and such matter is followed by the name of the
11 chairperson and or treasurer of the political or other organization spon-
12 soring the same or the name of the person individual who is responsible
13 therefor and the city of residence of such person individual or the city
14 in which the primary office of such organization is located; or
15 (C) or broadcasting or causing to be broadcast by any radio or tele-
16 vision station any paid matter political advertising which is designed or
17 tends to aid, injure or defeat any candidate for nomination or election to
18 a state or local office, unless such matter identifies the candidate which
19 such advertising is designed to assist and includes a statement that such
20 candidate has approved the same and such matter is followed by a state-
21 ment that the preceding was an advertisement together with the name of
22 the chairperson and or treasurer of the political or other organization
23 sponsoring the same or the name of the person individual who is re-
24 sponsible therefor and the city of residence of such person individual or
25 the city in which the primary office of such organization is located.
26 (2) Corrupt political advertising of a state or local office is a class C
28 (c) (1) Unfair political advertising involving a state office is the use
29 of an incumbent's a candidate's voting record, on any legislative measure
30 which involved more than one material issue in such legislative measure,
31 in any paid political advertising without including in such political ad-
32 vertising, a statement that other issues were included in the legislative
33 measure which are not addressed in the advertisement.
34 (2) Unfair political advertising involving a state officer is a class C
36 (d) It shall be a defense to a prosecution or imposition of a civil
37 fine under this section if the defendant has secured a written cer-
38 tification from the person responsible for the advertising that such
39 person has included the information required by this section in
40 such advertisement.
41 New Sec. 3. (a) (1) Except as specifically provided by paragraph (2),
42 the words and phrases used in this section shall have the same meaning
43 ascribed thereto by K.S.A. 25-4143, and amendments thereto.
(2) When used in this section, person means a person as defined by
2 K.S.A. 25-4143, and amendments thereto, who makes contributions or
3 expenditures in an aggregate amount of $100 or more within a calendar
5 (b) Prior to making a contribution or expenditure, any person who is
6 not required to file a statement of organization or register with the com-
7 mission pursuant to K.S.A. 25-4145, or 25-4172, and amendments
8 thereto, shall make and file a statement of intent of contribution or ex-
9 penditure. Such statement shall be filed in the office of the secretary of
10 state. If the expenditure or contribution is to support or oppose any can-
11 didate for local office, such statement shall be filed in the office of the
12 county clerk of the county in which such person is on the ballot. Every
13 statement of intent shall include:
14 (1) The name and address of the person;
15 (2) the name and address of the chairperson of the organization, if
16 the person is not an individual;
17 (3) the name and address of affiliated or connected organizations;
18 (4) the full name of any organization with which the person is con-
19 nected or affiliated or, name or description sufficiently describing the
20 affiliation or, if the person is not connected or affiliated with any one
21 organization, the trade, profession or primary interest of contributors of
22 the person.
23 (c) Any change in information previously reported in a statement of
24 intent shall be reported on a supplemental statement of intent and filed
25 not later than 10 days following the change.
26 (d) (1) Prior to making a contribution or expenditure any person re-
27 quired to file a statement of intent pursuant to this section shall register
28 annually with the commission on or before July 1 of each year. Such
29 registration shall be in the form and contain such information as may be
30 required by the commission.
31 (2) Each registration by a person anticipating the expenditure or con-
32 tribution of $2,501 or more in any calendar year shall be accompanied by
33 an annual registration fee of $200.
34 (3) Each registration by a person anticipating the expenditure or con-
35 tribution of more than $500 but less than $2,501 in any calendar year
36 shall be accompanied by an annual registration fee of $30.
37 (4) Each registration by a person anticipating the expenditure or con-
38 tribution of $500 or less in any calendar year shall be accompanied by an
39 annual registration fee of $15.
40 (5) Any person which is currently registered under subsection (d)(3)
41 or (d)(4) and which contributes or expends in excess of $2,500 for a cal-
42 endar year, shall file, within three days of the date when expenditures or
43 contributions exceed such amount, an amended registration form which
shall be accompanied by an additional fee for such year equal to the
2 difference between $200 and the amount of the fee that accompanied
3 the current registration.
4 (6) Any person which is currently registered under subsection (d)(4)
5 and which contributes or expends in excess of $500 but less than $2,501,
6 shall file, within three days of the date when expenditures or contributions
7 exceed $500, an amended registration form which shall be accompanied
8 by an additional fee of $15 for such year.
9 (e) All such fees received by or for the commission shall be remitted
10 to the state treasurer at least monthly. Upon receipt of each such remit-
11 tance, the state treasurer shall deposit the entire amount in the state
12 treasury to the credit of the Kansas commission on governmental stan-
13 dards and conduct fee fund.
14 Sec. 4. K.S.A. 1996 Supp. 25-4152 is hereby amended to read as
15 follows: 25-4152. (a) The commission shall send a notice by registered or
16 certified mail to any person failing to file any report or statement required
17 by K.S.A. 25-4144, 25-4145 or 25-4148 , 25-4148 or section 3 , and amend-
18 ments thereto, and to the candidate appointing any treasurer failing to
19 file any such report, within the time period prescribed therefor. The no-
20 tice shall state that the required report or statement has not been filed
21 with either the office of secretary of state or county election officer or
22 both. The person failing to file any report or statement, and the candidate
23 appointing any such person, shall be responsible for the filing of such
24 report or statement. The notice also shall also state that such person shall
25 have 15 days from the date such notice is deposited in the mail to comply
26 with the registration and reporting requirements before a civil penalty
27 shall be imposed for each day that the required documents remain un-
28 filed. If such person fails to comply within the prescribed period, such
29 person shall pay to the state a civil penalty of $10 per day for each day
30 that such report or statement remains unfiled, except that no such civil
31 penalty shall exceed $300. The commission may waive, for good cause,
32 payment of any civil penalty imposed by this section.
33 (b) Civil penalties provided for by this section shall be paid to the
34 state treasurer, who shall deposit the same in the state treasury to the
35 credit of the Kansas commission on governmental standards and conduct
36 fee fund.
37 (c) If a person fails to pay a civil penalty provided for by this section,
38 it shall be the duty of the attorney general or county or district attorney
39 to bring an action to recover such civil penalty in the district court of the
40 county in which such person resides.
41 Sec. 5 3. K.S.A. 25-4119g and 25-4156 and K.S.A. 1996 Supp. 25-
42 4152 are hereby repealed.
6 4. This act shall take effect and be in force from and after its
2 publication in the statute book.