Session of 1998
By Committee on Elections and Local Government
            9             AN ACT concerning elections; relating to political advertising.
11       Be it enacted by the Legislature of the State of Kansas:
12           Section 1. (a) It is a violation of this section for a person to sponsor:
13           (1) Political advertising that contains a false statement of material
14       fact;
15           (2) political advertising that falsely represents that a candidate is the
16       incumbent for the office sought when in fact the candidate is not the
17       incumbent; or
18           (3) political advertising that makes, directly or indirectly, a false claim
19       stating or implying the support or endorsement of any person or organ-
20       ization when in fact the candidate does not have such support or endorse-
21       ment.
22           (b) (1) Except as provided in paragraph (2) of this subsection, the
23       responsibility for compliance with subsection (a) shall rest with the spon-
24       sor of the political advertising and not with the broadcasting station or
25       other medium.
26           (2) If a broadcasting station or other medium changes the content of
27       a political advertisement, the station or medium shall be responsible for
28       any failure of the advertisement to comply with subsection (a) that results
29       from such change.
30           (c) Any person who is the subject of any political advertising which
31       violates the provisions of this section may file a complaint with the com-
32       mission in the manner provided by rules and regulations adopted by the
33       commission. Such person shall file a bond in the amount of $500 with
34       the commission at the time of filing a complaint.
35           (d) The commission may assess a civil fine, after proper notice and
36       an opportunity to be heard, against any person violating the provisions of
37       this section. Such fine shall be not less than $1,000 nor more than $5,000
38       for each violation. If the commission determines a violation of this section
39       has occurred, the commission shall refund the bond required to be filed
40       by subsection (c). If the commission determines that there has been no
41       violation of this section, such bond shall be forfeited. All fines assessed
42       and collected and all bonds forfeited under this section shall be remitted
43       promptly to the state treasurer. Upon receipt thereof, the state treasurer

SB 567


  1       shall deposit the entire amount in the state treasury and credit it to the
  2       Kansas commission on governmental standards and conduct fee fund.
  3           (e) All fines shall be paid within 10 days of receiving notification of a
  4       violation from the commission. No person violating this section shall be
  5       sworn into office until all fines are paid in full.
  6           (f) In addition to any fines assessed against a candidate for violations
  7       of this act, the commission shall place ads in all local daily and weekly
  8       newspapers and appropriate broadcast media in the candidates district
  9       informing the public of the specific violations. The person violating the
10       provisions of this section shall reimburse the commission for such ex-
11       penses.
12           (g) The provisions of this section shall be part of and supplemental
13       to the campaign finance act.
14           Sec. 2. This act shall take effect and be in force from and after its
15       publication in the statute book.