25-4158. Reports and statements required to be filed; furnishing forms; public inspection and copying; duties of secretary of state and county election officer; investigations by commission; administr
25-4158
25-4158. Reports and statements required to befiled; furnishingforms; public inspection and copying; duties of secretary of state andcounty election officer; investigations by commission; administration ofoaths and subpoena of witnesses, documents and records for purposes ofinvestigations.(a) The secretary of state shall: (1) Furnish forms prescribed andprovided by the commission for making reports and statements required tobe filed in the office of the secretary of state by the campaign finance act;and
(2) make such reports and statements available for public inspectionand copying during regular office hours.
(b) The county election officer shall: (1) Furnish forms prescribedand provided by the commission for making reports and statements requiredto be filed in the office of the county election officer by the campaignfinance act; and
(2) make such reports and statements available for public inspectionand copying during regular office hours.
(c) The commission may investigate, or cause to be investigated, anymatter required to be reported upon by any person under the provisionsof the campaign finance act, or any matter to which the campaign financeact applies irrespective ofwhether a complaint has been filed in relation thereto.
(d) (1) After a preliminary investigation of any matter reportedto the commissionpursuant to subsection (c), and upon specific written findings of fact andconclusions of law by the commission thatthere is a reasonable suspicion that a violation of thecampaign finance act has occurred, the commission or any officer designatedby the commission mayadminister oaths and affirmations, subpoena witnesses, compel theirattendance, take evidence, and require the production of any books, papers,correspondence, memoranda, agreements, or other documents or records whichthe commission deems relevant or material to the investigation.The commission shallreimburse the reasonable costs of production of documents subject to subpoena.All subpoenas and subpoenas duces tecum issuedunder this section shall be authorized by the affirmative vote of not less than3/4 of the members of the commission.Any vote authorizing the issuance of a subpoena or subpoena duces tecum shallbe taken at a meeting where the commissioners are in physical presence.Subpoenas duces tecum shall be limited to items reasonably relevantto such alleged violations.Upon therequest of any person subpoenaed to appear and give testimony or to producebooks, papers or documents, the commission shall provide a copy of the writtenfindings of facts and conclusions of laws relating to the alleged violationcommitted by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issuedto anyperson, the district court of Shawnee county, upon application by thecommission, or any officer designated by the commission, may issue to thatperson an order requiring the person to appear before the commission or anyofficer designated by the commission, there to produce documentary evidenceif so ordered or to give evidence touching the matter under investigationor in question. Any failure to obey the order of the court may be punishedby the court as a contempt of court.
History: L. 1981, ch. 171, § 17;L. 1990, ch. 122, § 11;L. 1991, ch. 150, § 13;L. 1998, ch. 29, § 1; July 1.