February 17, 2010
Opinion No. 2010-03
The Honorable Carol A. Beier
3620 Southwest 11th Street
Topeka, Kansas 66604
Dear Justice Beier:
This opinion is in response to your letter of February 12, 2010
in which you request an opinion from the Kansas Governmental Ethics
Commission concerning the Campaign Finance Act (K.S.A. 25-4142
et seq.). We note at the outset that the Commission's
jurisdiction concerning your question is limited to the application
of K.S.A. 25-4142 et seq. Thus, whether some other
statute, common law theory or agency rule or regulation applies to
your inquiry is not covered by this opinion.
FACTUAL STATEMENT:
We understand that you request this opinion in your capacity as
a Kansas Supreme Court Justice. You are interested in obtaining
information concerning your responsibilities under the Campaign
Finance Act since you will have a retention election this year.
QUESTION:
Is a retention election for the position of Justice of the
Kansas Supreme Court governed by the Kansas Campaign Finance
Act?
OPINION:
K.S.A. 25-4143(m) defines "State office" to mean any state
office as defined in K.S.A. 25-2505 and amendments thereto.
K.S.A. 25-2505(b) states "'State office' or "state officer"
means the state officers elected on a statewide basis, members of
the house of representatives and state senators, members of the
state board of education, district judges, district magistrate
judges and district attorneys".
Since the position of Supreme Court Justice is not included in
the definition of "state officer", the Campaign Finance Act does
not govern your retention election.
Sincerely,
Tim Emert, Vice-Chairman
By Direction of the Commission
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