Kansas 2023-2024 Regular Session

Kansas House Bill HB2166 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2166
3	3	By Committee on Elections
4	4	1-25
5	5	AN ACT concerning elections; relating to the crime of corrupt political
6	6	advertising; expanding the scope of the crime and clarifying the
7	7	application thereof; amending K.S.A. 25-2407 and repealing the
8	8	existing section.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. K.S.A. 25-2407 is hereby amended to read as follows: 25-
11	11	2407. Corrupt political advertising is:
12	12	(a) (1) Publishing or causing to be published in a newspaper or other
13	13	periodical any paid matter which that expressly advocates the nomination,
14	14	election or defeat of any clearly identified candidate, unless such matter is
15	15	followed by the word "advertisement" or the abbreviation "adv." in a
16	16	separate line together with the name of the chairman chairperson or
17	17	treasurer of the political or other organization inserting sponsoring the
18	18	same or the name of the person who is responsible therefor; or
19	19	(2) broadcasting or causing to be broadcast by any radio or television
20	20	station any paid matter which that expressly advocates the nomination,
21	21	election or defeat of any clearly identified candidate, unless such matter is
22	22	followed by a statement which that states: "Paid for" or "Sponsored by"
23	23	followed by the name of the sponsoring organization and the name of the
24	24	chairperson or treasurer of the political or other organization sponsoring
25	25	the same or the name of the person who is responsible therefor; or
26	26	(3) telephoning an individual or causing an individual to be
27	27	contacted by any telephonic means, including, but not limited to, any
28	28	device using a voice over internet protocol, wireless telephone or text
29	29	messaging device, any paid matter that expressly advocates the
30	30	nomination, election or defeat of any clearly identified candidate, unless
31	31	such matter is preceded by a statement that states: "Paid for" or
32	32	"Sponsored by" followed by the name of the sponsoring organization and
33	33	the name of the chairperson or treasurer of the political or other
34	34	organization sponsoring the same or the name of the individual who is
35	35	responsible therefor;
36	36	(4) publishing or causing to be published any brochure, flier or other
37	37	political fact sheet that expressly advocates the nomination, election or
38	38	defeat of any clearly identified candidate, unless such matter is followed
39	39	by a statement that states: "Paid for" or "Sponsored by" followed by the
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76	76	name of the chairperson or treasurer of the political or other organization
77	77	sponsoring the same or the name of the individual who is responsible
78	78	therefor;
79	79	(5) making or causing to be made any website, email or other type of
80	80	internet communication that expressly advocates the nomination, election
81	81	or defeat of any clearly identified candidate, unless the matter is followed
82	82	by a statement that states: "Paid for" or "Sponsored by" followed by the
83	83	name of the chairperson or treasurer of the political or other organization
84	84	sponsoring the same or the name of the individual who is responsible
85	85	therefor;
86	86	(6) publishing or causing to be published in a newspaper or other
87	87	periodical any paid matter which that is intended to influence the vote of
88	88	any person or persons for or against any question submitted for a
89	89	proposition to amend the constitution or to authorize the issuance of bonds
90	90	or any other question submitted at an election, unless such matter is
91	91	followed by the word "advertisement" or the abbreviation "adv." in a
92	92	separate line together with the name of the chairman chairperson or
93	93	treasurer of the political or other organization inserting sponsoring the
94	94	same or the name of the person who is responsible therefor;
95	95	(4)(7) broadcasting or causing to be broadcast by any radio or
96	96	television station any paid matter which that is intended to influence the
97	97	vote of any person or persons for or against any question submitted for a
98	98	proposition to amend the constitution or to authorize the issuance of bonds
99	99	or any other question submitted at an election, unless such matter is
100	100	followed by a statement which that states: "Paid for" or "Sponsored by"
101	101	followed by the name of the sponsoring organization and the name of the
102	102	chairperson or treasurer of the political or other organization sponsoring
103	103	the same or the name of the person who is responsible therefor; or
104	104	(5)(8) telephoning an individual or causing an individual to be
105	105	contacted by any telephonic means, including, but not limited to, any
106	106	device using a voice over internet protocol, wireless telephone or text
107	107	messaging device, any paid matter that is intended to influence the vote of
108	108	any person or persons for or against any question submitted for a
109	109	proposition to amend the constitution or to authorize the issuance of bonds
110	110	or any other question submitted at an election, unless such matter is
111	111	followed by a statement that states: "Paid for" or "Sponsored by" followed
112	112	by the name of the sponsoring organization and the name of the
113	113	chairperson or treasurer of the political or other organization sponsoring
114	114	the same or the name of the individual who is responsible therefor;
115	115	(9) publishing or causing to be published any brochure, flier or other
116	116	political fact sheet which that is intended to influence the vote of any
117	117	person or persons for or against any question submitted for a proposition
118	118	to amend the constitution or to authorize the issuance of bonds or any
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162	162	other question submitted at an election, unless such matter is followed by a
163	163	statement which that states: "Paid for" or "Sponsored by" followed by the
164	164	name of the sponsoring organization and the name of the chairperson or
165	165	treasurer of the political or other organization sponsoring the same or the
166	166	name of the individual who is responsible therefor; or
167	167	(10) making or causing to be made any website, email or other type
168	168	of internet communication that is intended to influence the vote of any
169	169	person or persons for or against any question submitted for a proposition
170	170	to amend the constitution or to authorize the issuance of bonds or any
171	171	other question submitted at an election, unless such matter is followed by
172	172	a statement that states: "Paid for" or "Sponsored by" followed by the
173	173	name of the sponsoring organization and the name of the chairperson or
174	174	treasurer of the political or other organization sponsoring the same or the
175	175	name of the individual who is responsible therefor.
176	176	(b) Corrupt political advertising is a class C misdemeanor.
177	177	(c) (1) The provisions of subsections (a)(4) and (a)(9) requiring the
178	178	disclosure of the name of an individual shall not apply to any individual
179	179	whose aggregate expenditures for such matter in a calendar year is less
180	180	than $2,500.
181	181	(2) The provisions of subsections (a)(5) and (a)(10) requiring the
182	182	disclosure of the name of an individual shall not apply unless the website,
183	183	email or other type of internet communication is made by the candidate,
184	184	the candidate's candidate committee, a political committee or a party
185	185	committee and the website, email or other internet communication is
186	186	viewed by or disseminated to 25 or more individuals. For purposes of this
187	187	paragraph, the terms, "candidate's candidate committee," "political
188	188	committee" and "party committee" mean the same as defined in K.S.A. 25-
189	189	4143, and amendments thereto.
190	190	(c)(d) For the purposes of this section, the term:
191	191	(1) "Expressly advocate the nomination, election or defeat of a
192	192	candidate" shall have the meaning ascribed to it in K.S.A. 25-4143, and
193	193	amendments thereto;
194	194	(2) "candidate" means a candidate for elected office who is not
195	195	subject to the provisions of the campaign finance act;
196	196	(3) "clearly identified candidate" means a candidate who has been
197	197	identified by the:
198	198	(A) Use of the name of the candidate;
199	199	(B) use of a photograph, drawing or video of the candidate; or
200	200	(C) unambiguous reference to the candidate whether or not the name,
201	201	photograph, drawing or video of such candidate is used;
202	202	(4) "expressly advocate the nomination, election or defeat of a
203	203	clearly identified candidate" means any communication that uses phrases
204	204	including, but not limited to:
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248	248	(A) "Vote for the secretary of state";
249	249	(B) "re-elect your senator";
250	250	(C) "support the democratic nominee";
251	251	(D) "cast your ballot for the republican challenger for governor";
252	252	(E) "Smith for senate";
253	253	(F) "Bob Jones in '98";
254	254	(G) "vote against Old Hickory";
255	255	(H) "defeat" accompanied by a picture of one or more candidates; or
256	256	(I) "Smith's the one."
257	257	Sec. 2. K.S.A. 25-2407 is hereby repealed.
258	258	Sec. 3. This act shall take effect and be in force from and after its
259	259	publication in the statute book.
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