121.150 Campaign contribution and loan restrictions and expenditure limitations.
Loading PDF...
candidate, slate of candidates, constitutional amendment, or public question which
will appear on the ballot in an election, except through the duly appointed campaign
manager, or campaign treasurer of the candidate, slate of candidates, or registered
committee. Any person making an independent expenditure, shall report these
expenditures when the expenditures by that person exceed five hundred dollars
($500) in the aggregate in any one (1) election, on a form provided or using a format
approved by the registry and shall sign a statement on the form, under penalty of
perjury, that the expenditure was an actual independent expenditure and that there
was no prior communication with the campaign on whose behalf it was made. (2) Except as provided in KRS 121.180(10), the solicitation from and contributions by campaign committees, caucus campaign committees, political issues committees,
permanent committees, and party executive committees to any religious, charitable,
civic, eleemosynary, or other causes or organizations established primarily for the
public good is expressly prohibited; except that it shall not be construed as a
violation of this section for a candidate or a slate of candidates to contribute to
religious, civic, or charitable groups. (3) No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf, shall accept any anonymous contribution in excess of
fifty dollars ($50), and all anonymous contributions in excess of fifty dollars ($50)
shall be returned to the donor, if the donor can be determined. If no donor is found,
the contribution shall escheat to the state. No candidate, slate of candidates,
committee, or contributing organization, nor anyone acting on their behalf shall
accept anonymous contributions in excess of one thousand dollars ($1,000) in the
aggregate in any one (1) election. Anonymous contributions in excess of one
thousand dollars ($1,000) in the aggregate which are received in any one (1)
election shall escheat to the state. (4) No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cash contribution in excess of fifty dollars
($50) in the aggregate from each contributor in any one (1) election. No candidate,
slate of candidates, committee, or contributing organization, nor anyone on their
behalf, shall accept a cashier's check or money order in excess of the maximum cash
contribution limit unless the instrument clearly identifies both the payor and the
payee. A contribution made by cashier's check or money order which identifies both
the payor and payee shall be treated as a contribution made by check for purposes of
the contribution limits contained in this section. No person shall make a cash
contribution in excess of fifty dollars ($50) in the aggregate in any one (1) election
to a candidate, slate of candidates, committee, or contributing organization, nor
anyone on their behalf. (5) No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf, shall accept any contribution in excess of one hundred dollars ($100) from any person who shall not become eighteen (18) years of age on or
before the day of the next general election. (6) No candidate, slate of candidates, campaign committee, political issues committee, nor anyone acting on their behalf, shall accept a contribution of more than one
thousand dollars ($1,000) from any person, permanent committee, or contributing
organization in any one (1) election; except that no candidate for school board, his
campaign committee, nor anyone acting on their behalf shall accept a contribution
of more than one hundred dollars ($100) from any person or more than two hundred
dollars ($200) from any permanent committee or contributing organization in any
one (1) election. No person, permanent committee, or contributing organization
shall contribute more than one thousand dollars ($1,000) to any one (1) candidate,
campaign committee, political issues committee, nor anyone acting on their behalf,
in any one (1) election; except that no person shall contribute more than one
hundred dollars ($100) and no permanent committee or contributing organization
shall contribute more than two hundred dollars ($200) to any one (1) school board
candidate, his campaign committee, nor anyone acting on their behalf, in any one
(1) election. (7) Permanent committees or contributing organizations affiliated by bylaw structure or by registration, as determined by the Registry of Election Finance, shall be
considered as one (1) committee for purposes of applying the contribution limits of
subsection (6) of this section. (8) No permanent committee shall contribute funds to another permanent committee for the purpose of circumventing contribution limits of subsection (6) of this section. (9) No person shall contribute funds to a permanent committee, political issues committee, or contributing organization for the purpose of circumventing the
contribution limits of subsection (6) of this section. (10) No person shall contribute more than one thousand five hundred dollars ($1,500) to all permanent committees and contributing organizations in any one (1) year. (11) No person shall contribute more than two thousand five hundred dollars ($2,500) to the state executive committee of a political party and its subdivisions and affiliates
in any one (1) year. No person shall contribute more than two thousand five
hundred dollars ($2,500) to a caucus campaign committee in any one (1) year.
Contributions a person makes to any executive committee other than the state
executive committee in excess of one thousand dollars ($1,000) in any one (1) year
shall be deposited in a separate account which the state executive committee
maintains for the exclusive purpose of paying administrative costs incurred by the
political party. (12) No person shall make a payment, distribution, loan, advance, deposit, or gift of money to another person to contribute to a candidate, a slate of candidates,
committee, contributing organization, or anyone on their behalf. No candidate, slate
of candidates, committee, contributing organization, nor anyone on their behalf
shall accept a contribution made by one (1) person who has received a payment,
distribution, loan, advance, deposit, or gift of money from another person to contribute to a candidate, a slate of candidates, committee, contributing
organization, or anyone on their behalf. (13) No candidates running as a slate for the offices of Governor and Lieutenant Governor shall make combined total personal loans to their committee in excess of
fifty thousand dollars ($50,000) in any one (1) election. No candidate for any other
statewide elected state office shall lend to his committee any amount in excess of
twenty-five thousand dollars ($25,000) in any one (1) election. In campaigning for
all other offices, no candidate shall lend to his committee more than ten thousand
dollars ($10,000) in any one (1) election. (14) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for nomination to any state, county, city, or district office, nor their
campaign committees, nor anyone on their behalf, shall solicit or accept
contributions for primary election expenses after the date of the primary. No person
other than the candidate or slate of candidates shall contribute for primary election
expenses after the date of the primary. (15) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for any state, county, city, or district office at a regular election, nor their
campaign committees, nor anyone on their behalf, shall solicit or accept
contributions for regular election expenses after the date of the regular election. No
person other than the candidate or slate of candidates shall contribute for regular
election expenses after the date of the regular election. (16) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for nomination or election to any state, county, city, or district office, nor
their campaign committees, nor anyone on their behalf, shall solicit or accept
contributions for special election expenses after the date of the special election. No
person other than the candidate or slate of candidates shall contribute for special
election expenses after the date of the special election. (17) The provisions of subsections (14) and (15) of this section shall apply only to those candidates in a primary or regular election which shall be conducted subsequent to
January 1, 1989. The provisions of subsection (16) of this section shall apply only
to those candidates or slates of candidates in a special election which shall be
conducted subsequent to January 1, 1993. (18) A candidate, slate of candidates, or a campaign committee may solicit and accept contributions after the date of a primary election, regular election, or special
election to defray necessary expenses that arise after the date of the election
associated with election contests, recounts, and recanvasses of a specific election,
complaints regarding alleged campaign finance violations that are filed with the
registry pertaining to a specific election, or other legal actions pertaining to a
specific election to which a candidate, slate of candidates, or campaign committee is
a party. Reports of contributions received and expenditures made after the date of
the specific election shall be made in accordance with KRS 121.180. (19) No slate of candidates for Governor and Lieutenant Governor or their immediate families shall loan any money, service, or other thing of value to their campaign,
and all moneys, services, or other things of value which are loaned shall be deemed a contribution, which may not be recovered by the slate of candidates, except to the
extent of a combined total of fifty thousand dollars ($50,000). (20) No candidate, slate of candidates, committee, except a political issues committee, or contributing organization, nor anyone on their behalf, shall knowingly accept a
contribution from a corporation, directly or indirectly. (21) Nothing in this section shall be construed to restrict the ability of a corporation to administer its permanent committee insofar as its actions can be deemed not to
influence an election as prohibited by KRS 121.025. (22) No candidate, slate of candidates, or committee, nor anyone on their behalf, shall solicit a contribution of money or services from a state employee, whether or not the
employee is covered by the classified service provisions of KRS Chapter 18A.
However, it shall not be a violation of this subsection for a state employee to
receive a solicitation directed to him as a registered voter in an identified precinct as
part of an overall plan to contact voters not identified as state employees. (23) (a) A candidate or a slate of candidates for elective public office shall not accept contributions from permanent committees which, in the aggregate, exceed
fifty percent (50%) of the total contributions accepted by the candidate or a
slate of candidates in any one (1) election or ten thousand dollars ($10,000) in
any one (1) election, whichever is the greater amount. The percentage of the
total contributions or dollar amounts of contributions accepted by a candidate
or a slate of candidates in an election that is accepted from permanent
committees shall be calculated as of the day of each election. Funds in a
candidate's or a slate of candidates' campaign account which are carried
forward from one (1) election to another shall not be considered in calculating
the acceptable percentage or dollar amount of contributions which may be
accepted from permanent committees for the election for which the funds are
carried forward. A candidate or a slate of candidates may, without penalty,
contribute funds to his campaign account not later than sixty (60) days
following the election so as not to exceed the permitted percentage or dollar
amount of contributions which may be accepted from permanent committees
or the candidate or a slate of candidates may, not later than sixty (60) days
after the end of the election, refund any excess permanent committee
contributions on a pro rata basis to the permanent committees whose
contributions are accepted after the aggregate limit has been reached. (b) The provisions of paragraph (a) of this subsection regarding the receipt of aggregate contributions from permanent committees in any one (1) election
shall also apply separately to the receipt of aggregate contributions from
executive committees of any county, district, state, or federal political party in
any one (1) election. (c) The provisions of paragraph (a) of this subsection regarding the receipt of aggregate contributions from permanent committees in any one (1) election
shall also apply separately to the receipt of aggregate contributions from
caucus campaign committees. (24) No candidate or slate of candidates for any office in this state shall accept a contribution, including an in-kind contribution, which is made from funds in a
federal campaign account. No person shall make a contribution, including an in-
kind contribution, from funds in a federal campaign account to any candidate or
slate of candidates for any office in this state. Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 11, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 105, sec. 5, effective March 16, 2005. -- Amended 2000 Ky. Acts
ch. 398, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 599, sec. 1,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 153, sec. 3, effective July 15,
1996; ch. 188, sec. 1, effective July 15, 1996; and ch. 372, sec. 1, effective April 12,
1996. -- Amended 1994 Ky. Acts ch. 458, sec. 8, effective July 15, 1994. -- Amended
1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 57, effective September 16, 1993. --
Amended 1992 Ky. Acts ch. 288, sec. 25, effective July 14, 1992. -- Amended 1990
Ky. Acts ch. 314, sec. 1, effective July 13, 1990; and ch. 476, Pt. II, sec. 73, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 15, sec. 1, effective July 15, 1988;
ch. 55, sec. 1, effective March 11, 1988; ch. 118, sec. 2, effective 1991; and ch. 341,
sec. 43, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 100, sec. 4, effective
July 15, 1986; and ch. 168, sec. 1, effective July 15, 1986. -- Amended 1980 Ky.
Acts ch. 292, sec. 6, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 130,
sec. 187.