Session of 2023
HOUSE BILL No. 2166
By Committee on Elections
1-25
AN ACT concerning elections; relating to the crime of corrupt political
advertising; expanding the scope of the crime and clarifying the
application thereof; amending K.S.A. 25-2407 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-2407 is hereby amended to read as follows: 25-
2407. Corrupt political advertising is:
(a) (1) Publishing or causing to be published in a newspaper or other
periodical any paid matter which that expressly advocates the nomination,
election or defeat of any clearly identified candidate, unless such matter is
followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman chairperson or
treasurer of the political or other organization inserting sponsoring the
same or the name of the person who is responsible therefor; or
(2) broadcasting or causing to be broadcast by any radio or television
station any paid matter which that expressly advocates the nomination,
election or defeat of any clearly identified candidate, unless such matter is
followed by a statement which that states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of the
chairperson or treasurer of the political or other organization sponsoring
the same or the name of the person who is responsible therefor; or
(3) telephoning an individual or causing an individual to be
contacted by any telephonic means, including, but not limited to, any
device using a voice over internet protocol, wireless telephone or text
messaging device, any paid matter that expressly advocates the
nomination, election or defeat of any clearly identified candidate, unless
such matter is preceded by a statement that states: "Paid for" or
"Sponsored by" followed by the name of the sponsoring organization and
the name of the chairperson or treasurer of the political or other
organization sponsoring the same or the name of the individual who is
responsible therefor;
(4) 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, unless such matter is followed
by a statement that states: "Paid for" or "Sponsored by" followed by the
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name of the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor;
(5) 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, unless the matter is followed
by a statement that states: "Paid for" or "Sponsored by" followed by the
name of the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor;
(6) publishing or causing to be published in a newspaper or other
periodical any paid matter which that is intended to influence the vote of
any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of bonds
or any other question submitted at an election, unless such matter is
followed by the word "advertisement" or the abbreviation "adv." in a
separate line together with the name of the chairman chairperson or
treasurer of the political or other organization inserting sponsoring the
same or the name of the person who is responsible therefor;
(4)(7) broadcasting or causing to be broadcast by any radio or
television station any paid matter which that is intended to influence the
vote of any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of bonds
or any other question submitted at an election, unless such matter is
followed by a statement which that states: "Paid for" or "Sponsored by"
followed by the name of the sponsoring organization and the name of the
chairperson or treasurer of the political or other organization sponsoring
the same or the name of the person who is responsible therefor; or
(5)(8) telephoning an individual or causing an individual to be
contacted by any telephonic means, including, but not limited to, any
device using a voice over internet protocol, wireless telephone or text
messaging device, any paid matter that is intended to influence the vote of
any person or persons for or against any question submitted for a
proposition to amend the constitution or to authorize the issuance of bonds
or any other question submitted at an election, unless such matter is
followed by a statement that states: "Paid for" or "Sponsored by" followed
by the name of the sponsoring organization and the name of the
chairperson or treasurer of the political or other organization sponsoring
the same or the name of the individual who is responsible therefor;
(9) publishing or causing to be published any brochure, flier or other
political fact sheet which that is intended to influence the vote of any
person or persons for or against any question submitted for a proposition
to amend the constitution or to authorize the issuance of bonds or any
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other question submitted at an election, unless such matter is followed by a
statement which that states: "Paid for" or "Sponsored by" followed by the
name of the sponsoring organization and the name of the chairperson or
treasurer of the political or other organization sponsoring the same or the
name of the individual who is responsible therefor; or
(10) 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 constitution or to authorize the issuance of bonds or any
other question submitted at an election, unless such matter is followed by
a statement that states: "Paid for" or "Sponsored by" followed by the
name of the sponsoring organization and the name of the chairperson or
treasurer of the political or other organization sponsoring the same or the
name of the individual who is responsible therefor.
(b) Corrupt political advertising is a class C misdemeanor.
(c) (1) The provisions of subsections (a)(4) and (a)(9) requiring the
disclosure of the name of an individual shall not apply to any individual
whose aggregate expenditures for such matter in a calendar year is less
than $2,500.
(2) The provisions of subsections (a)(5) and (a)(10) requiring the
disclosure of the name of an individual shall not apply unless the website,
email or other type of internet communication is made by the candidate,
the candidate's candidate committee, a political committee or a party
committee and the website, email or other internet communication is
viewed by or disseminated to 25 or more individuals. For purposes of this
paragraph, the terms, "candidate's candidate committee," "political
committee" and "party committee" mean the same as defined in K.S.A. 25-
4143, and amendments thereto.
(c)(d) For the purposes of this section, the term:
(1) "Expressly advocate the nomination, election or defeat of a
candidate" shall have the meaning ascribed to it in K.S.A. 25-4143, and
amendments thereto;
(2) "candidate" means a candidate for elected office who is not
subject to the provisions of the campaign finance act;
(3) "clearly identified candidate" means a candidate who has been
identified by the:
(A) Use of the name of the candidate;
(B) use of a photograph, drawing or video of the candidate; or
(C) unambiguous reference to the candidate whether or not the name,
photograph, drawing or video of such candidate is used;
(4) "expressly advocate the nomination, election or defeat of a
clearly identified candidate" means any communication that uses phrases
including, but not limited to:
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(A) "Vote for the secretary of state";
(B) "re-elect your senator";
(C) "support the democratic nominee";
(D) "cast your ballot for the republican challenger for governor";
(E) "Smith for senate";
(F) "Bob Jones in '98";
(G) "vote against Old Hickory";
(H) "defeat" accompanied by a picture of one or more candidates; or
(I) "Smith's the one."
Sec. 2. K.S.A. 25-2407 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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