SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2166
As Amended by House Committee on Elections
Brief*
HB 2166, as amended, would update the definition of
“corrupt political advertising” in statutes defining election
crimes to match the language in the Campaign Finance Act.
Expressly Advocating the Nomination, Election, or
Defeat of a Candidate
The bill would expand the definition of corrupt political
advertising to include the following, when not followed by a
“Paid for” or “Sponsored by” statement followed by the name
of the chairperson or treasurer of the political or other
organization responsible:
●Telephoning an individual or causing an individual
to be contacted by any telephonic means that
expressly advocates the nomination, election, or
defeat of any clearly identified candidate;
●Publishing or causing to be published any
brochure, flier or other political fact sheet that
expressly advocates the nomination, election, or
defeat of any clearly identified candidate; and
●Making or causing to be made any website, email,
or other type of internet communication that
expressly advocates the nomination, election, or
defeat of any clearly identified candidate.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Influencing Votes in a Question Election
The bill would also add, if not followed by a “Paid for” or
“Sponsored by” statement followed by the name of the
sponsoring organization and the name of the chairperson or
treasurer of the political or other organization responsible, to
the definition of corrupt political advertising:
●Telephoning an individual or causing an individual
to be contacted by any telephonic means that is
intended to influence the vote of any person or
persons for or against any question submitted for a
proposition to amend the Kansas Constitution or to
authorize the issuance of bonds or any other
question submitted for an election; and
●Making or causing to be made any website, email,
or other type of internet communication that is
intended to influence the vote of any person or
persons for or against any question submitted for a
proposition to amend the Kansas Constitution or to
authorize the issuance of bonds or any other
question submitted at an election.
Disclosure Exceptions
The bill would state the requirements to disclose the
name of an individual sponsoring the advertising would not
apply to:
●Any individual whose aggregate expenditures for
publishing or causing to be published any
brochure, flier, or other political fact sheet in a
calendar year is less than $2,500; and
●Websites, emails, or other types of internet
communication regarding a candidate or question
submitted to voters that is disseminated to fewer
than 25 individuals and not made by the candidate,
2- 2166 the candidate’s candidate committee, a political
committee, or a party committee.
These exemptions also would mirror provisions in the
Campaign Finance Act.
Definitions
The bill would add two definitions to the statute defining
the crime of corrupt political advertising:
●“Candidate,” defined as a candidate for elected
office who is not subject to the provisions of the
Campaign Finance Act; and
●“Clearly identified candidate,” defined as a
candidate for elected office who has been identified
by name; a photograph, drawing, or video; or an
unambiguous reference regardless of whether a
photograph, drawing, or video image of the
candidate is used.
Background
HB 2166 was introduced by the House Committee on
Elections at the request of Representative Waggoner on
behalf of the Kansas Governmental Ethics Commission
(KGEC).
House Committee on Elections
During the hearing on February 2, 2023, a
representative of the KGEC gave proponent testimony,
explaining the bill would align the definitions in election
crimes statutes with definitions in the Campaign Finance Act;
he noted the KGEC does not directly enforce the statute that
would be amended.
3- 2166 No other testimony was provided.
The House Committee made a technical amendment to
the bill to eliminate a redundancy in the definitions.
Fiscal Information
According to the fiscal note provided by the Division of
the Budget, the Secretary of State indicates it would use
existing resources to provide training and updates that the bill
would require to ensure knowledge of the updated definition
of the crime of corrupt political advertising. The KGEC states
the enactment of the bill would have no fiscal effect on that
agency. Any fiscal effect associated with enactment of the bill
is not reflected in The FY 2024 Governor’s Budget Report.
Campaign Finance Act; express advocacy; corrupt political advertising; election
question; election crimes code
4- 2166