HB 2416--
Session of 1997
By Representative Horst

9 AN ACT concerning elections; relating to political advertising. 10 11 Be it enacted by the Legislature of the State of Kansas: 12 Section 1. (a) Unless otherwise specifically provided by this section, 13 the words and phrases used in this section shall have the same meaning 14 ascribed thereto by K.S.A. 25-4143, and amendments thereto. 15 (b) No person shall sponsor: 16 (1) Political advertising that contains a false statement of material 17 fact; 18 (2) political advertising that falsely represents that a candidate is the 19 incumbent for the office sought when in fact the candidate is not the 20 incumbent; 21 (3) political advertising that makes, either directly or indirectly, a false 22 claim stating or implying the support or endorsement of any person or 23 organization when in fact the candidate does not have such support or 24 endorsement; or 25 (4) political advertising that makes, either directly or indirectly, a false 26 claim by materially distorting a candidate's record or position on an issue. 27 (c) (1) Except as provided in paragraph (2) of this subsection, the 28 responsibility for compliance with subsection (a) shall rest with the spon- 29 sor of the political advertising and not with the broadcasting station or 30 other medium. 31 (2) If a broadcasting station or other medium changes the content of 32 a political advertisement, the station or medium shall be responsible for 33 any failure of the advertisement to comply with subsection (a) that results 34 from such change. 35 (d) (1) The commission may assess a civil fine, after proper notice 36 and an opportunity to be heard, against any person violating the provisions 37 of this section, in an amount not to exceed $2,000 nor less than $1,000 38 for each violation. Fines shall be paid by the offending candidate's cam- 39 paign committee or the candidate's state party to the state treasurer 40 within 10 days of receiving notification from the commission. No candi- 41 date shall be sworn into office until all fines are paid in full. Upon receipt 42 thereof, the state treasurer shall deposit 1/2 the entire amount in the state 43 treasury and credit it to the Kansas commission on governmental stan- HB 2416

 1  dards and conduct fee fund and shall remit the remaining 1/2 to the state
 2  committee of the political party of the opposing candidate.
 3    (2)  In addition to any fines assessed against a candidate for violations
 4  of this act, the commission shall place advertisements in all local daily and
 5  weekly newspapers in the candidates district informing the public of the
 6  specific violations. The offending candidate or the candidate's state party
 7  committee shall reimburse the commission for such expenses.
 8    Sec. 2.  This act shall take effect and be in force from and after its
 9  publication in the statute book.