Kansas Statutes 25-4157a. Contributions; personal use prohibited; uses permitted; acceptance from another candidate or candidate committee; disposition of unexpended balances on termination of campaign
Terms Used In Kansas Statutes 25-4157a
- Agent: means an individual who is:
(1) A candidate;
(2) a chairperson of a candidate, political or party committee;
(3) a treasurer; or
(4) any director, officer, employee, paid consultant or other person who is authorized to act on behalf of persons listed in this subsection. See Kansas Statutes 25-4143
- Candidate: means an individual who:
(1) Appoints a treasurer or a candidate committee;
(2) makes a public announcement of intention to seek nomination or election to state or local office;
(3) makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or local office. See Kansas Statutes 25-4143
- Candidate committee: means a committee appointed by a candidate to receive contributions and make expenditures for the candidate. See Kansas Statutes 25-4143
- Commission: means the governmental ethics commission. See Kansas Statutes 25-4143
- 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;
(D) the payment, by any person other than a candidate, candidate committee, party committee or political committee, of compensation to an individual for the personal services rendered without charge to or for a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journals or programs for, testimonial events; or
(F) a mailing of materials designed to expressly advocate the nomination, election or defeat of a clearly identified candidate, which is made and paid for by a party committee with the consent of such candidate. See Kansas Statutes 25-4143
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Party committee: means :
(1) The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(2) the county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(3) the bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;
(4) the political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;
(5) the political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; or
(6) the political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee. See Kansas Statutes 25-4143
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Treasurer: means a treasurer of a candidate or of a candidate committee, a party committee or a political committee appointed under the campaign finance act or a treasurer of a combination of individuals or a person other than an individual which is subject to Kan. See Kansas Statutes 25-4143
(a) (1) No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for the personal use of the candidate and no such moneys shall be used by such candidate or the candidate committee of such candidate except for:
(A) Legitimate campaign purposes;
(B) expenses of holding political office;
(C) contributions to the party committees of the political party of which such candidate is a member;
(D) any membership dues related to the candidate’s campaign paid to a community service or civic organization in the name of the candidate;
(E) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate or candidate committee of any candidate but only if the candidate receives no goods or services unrelated to the candidate’s campaign as a result of the payment of such donations;
(F) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community;
(G) expenses incurred in the purchase and mailing of greeting cards to voters and constituents;
(H) expenses, compensation or gifts provided to any volunteer, staff member or contractor of the candidate’s campaign or provided to any volunteer or staff of the candidate’s political office if the total amount of such expenses, compensation or gifts provided to such persons from all sources does not exceed the total fair market value of services provided to the candidate’s campaign or political office;
(I) payment of any civil penalty or fine imposed by the commission pursuant to this act related to the candidate’s campaign and that is incurred by the candidate, candidate committee, treasurer or other agent of the candidate; or
(J) payment of legal fees related to any investigation or action under this act.
(2) For the purpose of this subsection, expenditures for “personal use” includes expenditures to defray normal living expenses for the candidate or the candidate’s family and expenditures for the personal benefit of the candidate having no direct connection with or effect upon the campaign of the candidate or the holding of public office.
(b) No moneys received by any candidate or candidate committee of any candidate as a contribution shall be used to pay interest or any other finance charges upon moneys loaned to the campaign by such candidate or the spouse of such candidate.
(c) No candidate or candidate committee shall accept from any other candidate or candidate committee for any candidate for local, state or national office, any moneys received by such candidate or candidate committee as a campaign contribution. The provisions of this subsection shall not be construed to prohibit a candidate or candidate committee from accepting moneys from another candidate or candidate committee if such moneys constitute a reimbursement for one candidate’s proportional share of the cost of any campaign activity participated in by both candidates involved. Such reimbursement shall not exceed an amount equal to the proportional share of the cost directly benefiting and attributable to the personal campaign of the candidate making such reimbursement.
(d) At the time of the termination of any campaign and prior to the filing of a termination report in accordance with Kan. Stat. Ann. § 25-4157, and amendments thereto, all residual funds otherwise not obligated for the payment of expenses incurred in such campaign or the holding of office shall be contributed to a charitable organization, as defined by the laws of the state, contributed to a party committee or returned as a refund in whole or in part to any contributor or contributors from whom received or paid into the general fund of the state.