May 24, 2019
Opinion No. 2019-03
Synopsis: The K.S.A. 25-4153a(b) prohibition upon solicitation of contributions during session by legislators applies to solicitations that are made for a political committee (PAC) or party committee.
Cited herein: K.S.A. 25-4143, 25-4153a. Reversing Opinion No 2007-04.
TO ALL INTERESTED PERSONS:
Pursuant to K.S.A. 25-4159, the Kansas Governmental Ethics Commission issues this opinion regarding limits upon legislators soliciting contributions during session.
ISSUE
May a legislator solicit contributions for a political committee (PAC) or party committee after January 1 of each year and prior to adjournment sine die of the regular legislative session or at any other time in which the legislature is in session (during session)?
ANALYSIS AND OPINION
Solicitation of contributions by a legislator is limited by K.S.A. 25-4153a(b):
No legislator, officer, candidate or committee described in subsection (a)(1) through (6) shall accept or knowingly solicit any contribution as defined by K.S.A. 25-4143, and amendments thereto, from any registered lobbyist, political committee or person other than an individual, during such period of time described in subsection (a), except that a general public solicitation which does not solicit a specific individual and is distributed via social media shall be permissible.
In pertinent part, K.S.A. 25-4143(e)(1), provides that “contribution” means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office.
(B) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;
(C) a transfer of funds between any two or more candidate committees, party committees or political committees;
…
The crux of K.S.A. 25-4153a(b) is the prohibition upon solicitation during session. The statute is indifferent as to whether the contribution is made or who the intended recipient of a solicited contribution may be. In Opinion No. 2007-04 we drew a distinction between the solicitee (from) and the contribution use (for). By distinguishing that the user of the solicited contribution is someone other than the legislator, we determined that a legislator may solicit contributions for a political committee (PAC) or party committee during session. However, the statute is silent regarding a solicited contribution’s use. As such, we conclude we erred by drawing the distinction and find that the use of solicited contributions is irrelevant to interpretation of the statute.
Therefore, we reverse Opinion No. 2007-04 and now conclude that a legislator may not solicit contributions for a political committee (PAC) or party committee during session. We note that the prohibition on solicitation by legislators is limited to solicitations made to a registered lobbyist, political committee or person other than an individual.
Sincerely,
Nick Hale, Chairman
By Direction of the Commission
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