25-4143. Campaign finance; definitions.
25-4143
25-4143. Campaign finance; definitions.As used in the campaign finance act, unless the context otherwise requires:
(a) "Candidate" means an individual who: (1) Appoints a treasurer ora candidate committee;
(2) makes a public announcement of intention to seek nomination or electionto state or local office;
(3) makes any expenditure or accepts any contribution for such person'snomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for stateor local office.
(b) "Candidate committee" means a committee appointed by a candidateto receive contributions and make expenditures for the candidate.
(c) "Clearly identified candidate" means a candidate who has beenidentified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name,photograph or drawing of such candidate is used.
(d) "Commission" means the governmental ethics commission.
(e) (1) "Contribution" means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or paymentof 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 localoffice.
(B) Any advance, conveyance, deposit, distribution, gift, loan or payment ofmoney or any other thing of value made to expressly advocate the nomination,election or defeat of a clearly identified candidate for a state or localoffice;
(C) a transfer of funds between any two or more candidate committees, partycommittees or political committees;
(D) the payment, by any person other than a candidate, candidatecommittee, party committee or political committee, of compensation to anindividual for the personal services rendered without charge to or for acandidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journalsor programs for, testimonial events;
(F) a mailing of materials designed to expressly advocate the nomination,election or defeat of a clearly identified candidate, which is made and paidfor by a party committee with theconsent of such candidate.
(2) "Contribution" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteerservices not exceeding a fair market value of $50 during an allocable electionperiod as provided in K.S.A. 25-4149, and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals,lodging and travel by personal automobile of the candidate or candidate'sspouse while campaigning;
(D) the value of goods donated to events such as testimonial events,bake sales, garage sales and auctions by any person not exceeding a fairmarket value of $50 per event.
(f) "Election" means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a candidatefor state or local office.
(g) (1) "Expenditure" means:
(A) Any purchase, payment, distribution, loan, advance, deposit or gift ofmoney or any other thing of value made by 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 localoffice.
(B) Any purchase, payment, distribution, loan, advance, deposit or gift ofmoney or any other thing of value made to expressly advocate the nomination,election or defeat of a clearly identified candidate for a state or localoffice;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate committees, partycommittees or political committees; or
(E) payment of a candidate's filing fees.
(2) "Expenditure" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteerservices not exceeding a fair market value of $50 duringan allocable election period as provided in K.S.A. 25-4149, and amendmentsthereto;
(C) payment by a candidate or candidate's spouse for personal meals,lodging and travel by personal automobile of the candidate orcandidate's spouse while campaigning or payment of such costs by thetreasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events,bake sales, garage sales and auctions by any person not exceeding fairmarket value of $50 per event; or
(E) any communication by an incumbent elected state or local officer withoneor more individuals unless the primary purpose thereof is to expressly advocatethe nomination, election or defeat of a clearly identifiedcandidate.
(h) "Expressly advocate the nomination, election or defeat of a clearlyidentified candidate" means any communication which uses phrases including, butnot limited to:
(1) "Vote for the secretary of state";
(2) "re-elect your senator";
(3) "support the democratic nominee";
(4) "cast your ballot for the republican challenger forgovernor";
(5) "Smith for senate";
(6) "Bob Jones in '98";
(7) "vote against Old Hickory";
(8) "defeat" accompanied by a picture of one or morecandidates; or
(9) "Smith's the one."
(i) "Party committee" means:
(1) The state committee of a political party regulated by article 3 ofchapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(2) the county central committee or the state committee of a politicalparty regulated under article 38 of chapter 25 of the Kansas StatutesAnnotated, and amendments thereto;
(3) the bona fide national organization or committee of thosepolitical parties regulated by the Kansas Statutes Annotated;
(4) not more than one political committee established by the state committeeof any such political party and designated as a recognized political committeefor the senate;
(5) not more than one political committee established by the statecommittee of any such political party and designated as a recognizedpolitical committee for the house of representatives; or
(6) not more than one political committee per congressional districtestablished by the state committeeof a political party regulated under article 38 of chapter 25 of the KansasStatutes Annotated, and amendments thereto, and designated as a congressionaldistrict party committee.
(j) "Person" means any individual, committee, corporation,partnership, trust, organization or association.
(k) (1) "Political committee" means any combination of two or moreindividualsor any person other than an individual, a major purpose of which is toexpressly advocate the nomination, election or defeat of a clearly identifiedcandidate for state or local office or make contributions to or expendituresfor the nomination, election or defeat of a clearly identified candidate forstate or local office.
(2) "Political committee" shall not include a candidate committee or aparty committee.
(l) "Receipt" means a contribution or any other money or thing of value, butnot including volunteer services provided without compensation, received by atreasurer in the treasurer's official capacity.
(m) "State office" means any state office as defined in K.S.A. 25-2505, andamendments thereto.
(n) "Testimonial event" means an event held for the benefit of an individualwho is a candidate to raise contributions for such candidate'scampaign. Testimonial events include but are not limited to dinners,luncheons, rallies, barbecues and picnics.
(o) "Treasurer" means a treasurer of a candidate or of a candidatecommittee, a party committee or a political committee appointed underthe campaign finance act or a treasurer of a combination of individuals or aperson other than an individual which is subject to paragraph (2) of subsection(a) of K.S.A. 25-4172, and amendments thereto.
(p) "Local office" means a member of the governing body of a city of thefirst class, any elected office of a unified school district having 35,000 ormore pupils regularly enrolled in the preceding school year, a county or of theboard of public utilities.
History: L. 1981, ch. 171, § 2;L. 1989, ch. 111, § 3;L. 1990, ch. 122, § 16;L. 1991, ch. 150, § 6;L. 1995, ch. 192, § 14;L. 1998, ch. 117, § 4;L. 2000, ch. 124, § 12;L. 2001, ch. 159, § 1; July 1.