Ethics Opinion Search

September 23, 1998


Opinion No. 1998-24


The Honorable Mike Farmer, Chairman
Republican House Campaign Committee
2348 S. Topeka Blvd., Ste 201
Topeka, KS 66611

Dear Representative Farmer:

This opinion is in response to your letter of September 2, 1998, in which you request an opinion
from the Kansas Governmental Ethics Commission concerning the Campaign Finance Act (K.S.A.
24-4142 et seq.). We note at the outset that this Commission's jurisdiction is limited to the
application of K.S.A. 25-4142 et seq., and whether some other statutory system, common law
theory, or agency rule and regulation applies to your inquiry is not covered by this opinion.

FACTUAL STATEMENT

We understand that you request this opinion in your capacity as chairman of the Republican
House Campaign Committee (RHCC). We note that the RHCC is the recognized party
committee for the Republican Party.

QUESTIONS

You ask the following questions:

1. What statute allows for the creation of the RHCC?

2. What legal relationship exists between the RHCC and the Kansas Republican Party?

3. May the RHCC inform a candidate that it will be sending campaign literature into the
candidate's district?

4. May the RHCC request information from the candidates to include in the literature which may
be sent to the candidate's district?

Opinion No. 1998-24
September 23, 1998
Page 2

5. If the RHCC mails literature into a candidate's district, must the candidate report the cost of
the literature as an in-kind contribution on their campaign finance reports?

6. Does the RHCC have limits on how much it may spend to assist candidates?

OPINION

1. K.S.A. 25-4143(i) and (k) are the sections that allow for the creation of the RHCC. They
state, in pertinent part:

"(i) Party committee' means the state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, or the county central committee
or the state committee of a political party regulated under article 38 of chapter 25 of the
Kansas Statutes Annotated or the bona fide national organization or committee of those
political parties regulated by the Kansas Statutes Annotated, or not more than one political committee established by the state committee of any such political party and
designated as a recognized political committee for the senate or not more than one
political committee established by the state committee of any such political party and
designated as a recognized political committee for the house of representatives."

"(k) Political committee' means any combination of two or more individuals or any
person other than an individual, a major purpose of which is to expressly advocate the
nomination, election or defeat of a clearly identified candidate for state or local office or
make contributions to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office."

2. In your second question, you ask what legal relationship exists between the RHCC and the
Kansas Republican Party. There are no statutes within the Campaign Finance Act which address
this question, and thus this question is beyond the jurisdiction of this Commission.

3. In response to your third question, there are no statutes within the Campaign Finance Act
which prohibit the RHCC from informing a candidate that the RHCC will be sending campaign
literature into the candidate's district.

4. Similarly, there are no statutes in the Campaign Finance Act which prohibit the RHCC from
"requesting" information from the candidate for inclusion in the literature. Question number 5,
however, impacts our answer to this question.

5. In question number 5, you ask whether a candidate must report the expense of literature as an
in-kind contribution if the RHCC mails literature into a candidate's district.

Opinion No. 1998-24
September 23, 1998
Page 3

K.S.A. 25-4143(e)(1)(f) states:

"(e)(1) Contribution' means: . . . .(F) a mailing of materials to expressly advocate the
nomination, election or defeat of a clearly identified candidate, which is made and paid
for by a party committee with the consent of such candidate."

In addition, K.A.R. 19-20-2(b) defines an "in-kind contribution" as "the use of any goods,
services, or anything of value, or the spending of any money, for the benefit of any candidate. . .
when the expenditure is made in cooperation with or with the consent of the candidate,
committee, or representative of them."

In applying the statutes and regulations to your question, if the candidate supplies information to
the RHCC for inclusion in the literature being sent into the candidate's district or the information
is sent with the consent of the candidate, the literature will have been produced with the
cooperation of the candidate and for the candidate's benefit. Therefore, the candidate would be
required to include the expense of the literature on his or her campaign finance reports.

6. Finally, you question whether the RHCC has limits on how much money it may spend to assist
candidates.

K.S.A. 25-4153 (g) applies to this question. It states:

"(g) The amount contributed by each individual party committee of the same political
party other than a national party committee to any candidate for office, for any primary
election at which two or more candidates are seeking the nomination of such party
shall not exceed the following:
(1) For the pair of offices of governor and lieutenant governor and for each of the
other state officers elected from the state as a whole, $2,000 for each primary election
(or in lieu thereof a caucus or convention of a political party);
(2) for the office of member of the house of representatives, district judge, district
magistrate judge, district attorney, member of the state board of education or a candidate
for local office, $500 for each primary election (or in lieu thereof a caucus or convention
of a political party);
(3) for the office of state senator, $1,000 for each primary election (or in lieu thereof
a caucus or convention of a political party)."

This statute clearly states the limitations which a party committee may spend during a primary
election. The statute is silent, however, regarding the amount a party committee may spend
during a general election.


Opinion No. 1998-24
September 23, 1998
Page 4


In conclusion, (1) K.S.A. 25-4143(I) and (k) allow the creation of the RHCC; (2) the Campaign
Finance Act does not address the relationship between the RHCC and the Kansas Republican
Party; and (3) does not prohibit the RHCC from sending campaign literature into the candidate's
district; or (4) from requesting informational matter from the candidates. (5) It does, however,
mandate that the candidate report the expense of the literature as an in-kind contribution if the
literature was made with the cooperation or consent of the candidate. Finally, (6) the RHCC is
subject to spending limits during the primary election pursuant to K.S.A. 25-4153(g), but has no
limits during a general election.


Sincerely,



Diane Gaede, Chairwoman
By Direction of the Commission

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