Kentucky Statutes 121.170 – Registration of committees and fundraisers — Information required — Permanent committee by member of General Assembly prohibited — Official contact person
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(1) Any committee, except a federally registered out-of-state permanent committee, organized under any provisions of this chapter shall register with the registry, by filing official notice of intention at the time of organization, giving names, addresses, and positions of the officers of the organization, identifying an official contact person of the committee, and designating the candidate or candidates, slate of candidates, or question it is organized to support or oppose on forms prescribed by the registry; except that no campaign committee for a slate of candidates for Governor and Lieutenant Governor shall be registered prior to the filing of a certificate or petition of nomination for the candidate for Governor under KRS
118.365. No entity which is excluded from the definition of “campaign committee” established in KRS § 121.015(3)(a) shall be required to register as a committee with the registry. The name of the committee shall reasonably identify to the public the sponsorship and purpose of the committee. The forms filed with the registry shall require the registrant to clearly identify the specific purpose, sponsorship, and source from which the committee originates; and the registry shall refuse to allow filing by any committee until this requirement has been satisfied.
(2) Any person who acts as a fundraiser by directly soliciting contributions for an election campaign of a candidate or slate of candidates for statewide-elected state office or an office in a jurisdiction containing in excess of two hundred thousand (200,000) residents shall register with the registry when he or she raises in excess of three thousand dollars ($3,000) in any one (1) election for the campaign committee by filing official notice giving his or her name, address, occupation, employer or, if he or she is self-employed, the name under which he or she is doing business, and all candidates or slates of candidates for whom he or she is soliciting on forms prescribed by the registry. A registered fundraiser shall comply with the campaign finance reporting requirements of KRS § 121.180(3), (4), and (5).
(3) All provisions of KRS § 121.160 governing the duties and responsibilities of a candidate, slate of candidates, or campaign treasurer shall apply to a registered committee, except a federally registered out-of-state permanent committee, and a person acting as a campaign fundraiser. In case of the death, resignation, or removal of a campaign treasurer for a permanent committee or executive committee, the chairperson of the permanent committee or executive committee shall, within three (3) days after receiving notice of the vacancy by certified mail, appoint a successor as treasurer for the committee and file the name and address of the successor with the registry. The chairperson of the permanent committee or executive committee shall be accountable as the treasurer for the committee if the chairperson fails to meet this filing requirement.
(4) The chairperson of a committee and the campaign treasurer shall be separate persons.
(5) Any federally registered out-of-state permanent committee that contributes to a
Kentucky candidate or a slate of candidates shall:
(a) File with the registry a copy of its federal registration (Federal Election
Commission Form 1 – Committee Registration Form);
(b) File with the registry a copy of the Federal Election Commission finance report when a contribution is made to a Kentucky candidate or a slate of candidates; and
(c) Contribute not more than the maximum amount permitted for a permanent committee to make under Kentucky law to any candidate or to any slate of candidates for any office in this Commonwealth.
(6) Notwithstanding any provision of law to the contrary, a contribution made by a federally registered permanent committee to any candidate or to any slate of candidates for any office in this Commonwealth that complies with the provisions of 2 U.S.C. § 441b, 11 C.F.R. § 104.10, 11 C.F.R. § 106.6, and 11 C.F.R. § 114.1-114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.
(7) The organization, formation, or registration of a permanent committee by any member of the General Assembly shall be prohibited.
(8) The official contact person of a permanent committee shall not be a legislative agent as defined in KRS § 6.611 or an executive agency lobbyist as defined in KRS
11A.201.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 88, sec. 11, effective July 15, 2020. — Amended
2011 Ky. Acts ch. 51, sec. 2, effective June 8, 2011. — Amended 2005 Ky. Acts ch.
105, sec. 6, effective March 16, 2005. — Amended 1998 Ky. Acts ch. 599, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 153, sec. 6, effective July 15,
1996; and ch. 179, sec. 2, effective July 15, 1996.. — Amended 1994 Ky. Acts ch.
458, sec. 10, effective July 15, 1994. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch.
4, sec. 59, effective January 1, 1994. — Amended 1992 Ky. Acts ch. 288, sec. 27, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 341, sec. 45, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 100, sec. 6, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 292, sec. 7, effective July 15, 1980. — Created 1974 Ky. Acts ch. 130, sec. 189.
118.365. No entity which is excluded from the definition of “campaign committee” established in KRS § 121.015(3)(a) shall be required to register as a committee with the registry. The name of the committee shall reasonably identify to the public the sponsorship and purpose of the committee. The forms filed with the registry shall require the registrant to clearly identify the specific purpose, sponsorship, and source from which the committee originates; and the registry shall refuse to allow filing by any committee until this requirement has been satisfied.
Terms Used In Kentucky Statutes 121.170
- 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
- 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
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - 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 - Contribution: means any:
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, to a candidate, his or her agent, a slate of candidates, its authorized agent, a committee, or contributing organization. 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
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Form: means an online Web page or an electronic document designed to capture, validate, and submit data for processing to the registry, unless the context otherwise prescribes. See Kentucky Statutes 121.015
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Permanent committee: which means a group of individuals, including an association, committee, or organization, other than a campaign committee, political issues committee, inaugural committee, caucus campaign committee, or party executive committee, which is established as, or intended to be, a permanent organization having as a primary purpose expressly advocating the election or defeat of one (1) or more clearly identified candidates, slates of candidates, or political parties, which functions on a regular basis throughout the year. See Kentucky Statutes 121.015
- Registry: means the Kentucky Registry of Election Finance. See Kentucky Statutes 121.015
- Slate of candidates: means :
(a) Between the time a certificate or petition of nomination has been filed for a candidate for the office of Governor under KRS §. See Kentucky Statutes 121.015 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) Any person who acts as a fundraiser by directly soliciting contributions for an election campaign of a candidate or slate of candidates for statewide-elected state office or an office in a jurisdiction containing in excess of two hundred thousand (200,000) residents shall register with the registry when he or she raises in excess of three thousand dollars ($3,000) in any one (1) election for the campaign committee by filing official notice giving his or her name, address, occupation, employer or, if he or she is self-employed, the name under which he or she is doing business, and all candidates or slates of candidates for whom he or she is soliciting on forms prescribed by the registry. A registered fundraiser shall comply with the campaign finance reporting requirements of KRS § 121.180(3), (4), and (5).
(3) All provisions of KRS § 121.160 governing the duties and responsibilities of a candidate, slate of candidates, or campaign treasurer shall apply to a registered committee, except a federally registered out-of-state permanent committee, and a person acting as a campaign fundraiser. In case of the death, resignation, or removal of a campaign treasurer for a permanent committee or executive committee, the chairperson of the permanent committee or executive committee shall, within three (3) days after receiving notice of the vacancy by certified mail, appoint a successor as treasurer for the committee and file the name and address of the successor with the registry. The chairperson of the permanent committee or executive committee shall be accountable as the treasurer for the committee if the chairperson fails to meet this filing requirement.
(4) The chairperson of a committee and the campaign treasurer shall be separate persons.
(5) Any federally registered out-of-state permanent committee that contributes to a
Kentucky candidate or a slate of candidates shall:
(a) File with the registry a copy of its federal registration (Federal Election
Commission Form 1 – Committee Registration Form);
(b) File with the registry a copy of the Federal Election Commission finance report when a contribution is made to a Kentucky candidate or a slate of candidates; and
(c) Contribute not more than the maximum amount permitted for a permanent committee to make under Kentucky law to any candidate or to any slate of candidates for any office in this Commonwealth.
(6) Notwithstanding any provision of law to the contrary, a contribution made by a federally registered permanent committee to any candidate or to any slate of candidates for any office in this Commonwealth that complies with the provisions of 2 U.S.C. § 441b, 11 C.F.R. § 104.10, 11 C.F.R. § 106.6, and 11 C.F.R. § 114.1-114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.
(7) The organization, formation, or registration of a permanent committee by any member of the General Assembly shall be prohibited.
(8) The official contact person of a permanent committee shall not be a legislative agent as defined in KRS § 6.611 or an executive agency lobbyist as defined in KRS
11A.201.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 88, sec. 11, effective July 15, 2020. — Amended
2011 Ky. Acts ch. 51, sec. 2, effective June 8, 2011. — Amended 2005 Ky. Acts ch.
105, sec. 6, effective March 16, 2005. — Amended 1998 Ky. Acts ch. 599, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 153, sec. 6, effective July 15,
1996; and ch. 179, sec. 2, effective July 15, 1996.. — Amended 1994 Ky. Acts ch.
458, sec. 10, effective July 15, 1994. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch.
4, sec. 59, effective January 1, 1994. — Amended 1992 Ky. Acts ch. 288, sec. 27, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 341, sec. 45, effective July
15, 1988. — Amended 1986 Ky. Acts ch. 100, sec. 6, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 292, sec. 7, effective July 15, 1980. — Created 1974 Ky. Acts ch. 130, sec. 189.