Kentucky Statutes 121.175 – Allowable campaign expenditures — Administrative regulations — Penalties
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(1) No candidate, committee, or contributing organization shall permit funds in a campaign account to be expended for any purpose other than for allowable campaign expenditures. “Allowable campaign expenditures” means expenditures including reimbursement for actual expenses, made directly and primarily in support of or opposition to a candidate, constitutional amendment, or public question which will appear on the ballot and includes, but is not limited to, expenditures for staff salaries, gifts and meals for volunteer campaign workers, food and beverages provided at a campaign rally, advertising, office space, necessary travel if reported, campaign paraphernalia, purchases of advertisements in athletic and scholastic publications, communications with constituents or prospective voters, polling and consulting, printing, graphic arts, or advertising services, postage, office supplies, stationery, newsletters, and equipment which is used primarily for the administration of the campaign, or for fees incurred from legal services while defending a matter before the Kentucky Legislative Ethics Commission in which the final adjudication is rendered in favor of the candidate. “Allowable campaign expenditures” does not include necessary travel unless reported, expenditures of funds in a campaign account for any purpose made unlawful by other provisions of the Kentucky Revised Statutes or which would bestow a private pecuniary benefit, except for payment of the reasonable value of goods and services provided upon a candidate, member of the candidate’s family, committee, or contributing organization, or any of their employees, paid or unpaid, including: tickets to an event which is unrelated to a political campaign or candidacy; items of personal property for distribution to prospective voters except items bearing the name, likeness, or logo of a candidate or a campaign-related communication; expenditures to promote or oppose a candidacy for a leadership position in a governmental, professional, or political organization, or other entity; and equipment or appliances the primary use of which is for purposes outside of the campaign. The provisions of KRS § 121.190 notwithstanding, a candidate shall not be required to include a disclaimer on campaign stationery purchased with funds from his campaign account. A member of the General Assembly may utilize funds in his or her campaign account to contribute up to five thousand dollars ($5,000) per year to a political party or caucus campaign committee. A member of the General Assembly may make allowable campaign expenditures in both election years and nonelection years.
(2) By December 31, 1993, the registry shall promulgate administrative regulations to implement and enforce the provisions of subsection (1) of this section.
(3) In lieu of the penalties provided in KRS § 121.140 and KRS § 121.990 for a violation of this section, the registry may, after hearing:
(a) For a violation which was not committed knowingly, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000);
and
(b) For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000).
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 8, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 208, sec. 5, effective April 14, 2022; and ch. 219, sec. 12, effective July 14, 2022. — Amended 2005 Ky. Acts ch. 105, sec. 7, effective March
16, 2005. — Amended 1994 Ky. Acts ch. 458, sec. 11, effective July 15, 1994; and ch. 479, sec. 7, effective July 15, 1994. — Created 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 63, effective November 3, 1993.
(2) By December 31, 1993, the registry shall promulgate administrative regulations to implement and enforce the provisions of subsection (1) of this section.
Terms Used In Kentucky Statutes 121.175
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Candidate: means any person who has received contributions or made expenditures, has appointed a campaign treasurer, or has given his or her consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination or election to public office, except federal office. See Kentucky Statutes 121.015
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Committee: includes the following:
(a) "Campaign committee" which means one (1) or more persons who receive contributions and make expenditures to support or oppose one (1) or more specific candidates or slates of candidates for nomination or election to any state, county, city, or district office, but does not include an entity established solely by a candidate which is managed solely by a candidate and a campaign treasurer and whose name is generic in nature, such as "Friends of (the candidate)" and does not reflect that other persons have structured themselves as a committee, designated officers of the committee, and assigned responsibilities and duties to each officer with the purpose of managing a campaign to support or oppose a candidate in an election. See Kentucky Statutes 121.015 - Contributing organization: means a group which merely contributes to candidates, slates of candidates, campaign committees, caucus campaign committees, or executive committees from time to time from funds derived solely from within the group, and which does not solicit or receive funds from sources outside the group itself. See Kentucky Statutes 121.015
- Election: means any primary, regular, or special election to fill vacancies regardless of whether a candidate or slate of candidates is opposed or unopposed in an election. See Kentucky Statutes 121.015
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his or her conduct is of that nature or that the circumstance exists. See Kentucky Statutes 121.015
- Personal property: All property that is not real property.
- Registry: means the Kentucky Registry of Election Finance. See Kentucky Statutes 121.015
- Year: means calendar year. See Kentucky Statutes 446.010
(3) In lieu of the penalties provided in KRS § 121.140 and KRS § 121.990 for a violation of this section, the registry may, after hearing:
(a) For a violation which was not committed knowingly, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000);
and
(b) For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000).
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 8, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 208, sec. 5, effective April 14, 2022; and ch. 219, sec. 12, effective July 14, 2022. — Amended 2005 Ky. Acts ch. 105, sec. 7, effective March
16, 2005. — Amended 1994 Ky. Acts ch. 458, sec. 11, effective July 15, 1994; and ch. 479, sec. 7, effective July 15, 1994. — Created 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 63, effective November 3, 1993.