Session of 2023
HOUSE BILL No. 2167
By Committee on Elections
1-25
AN ACT concerning campaign finance; regulating the use of
cryptocurrency; prohibiting the use of campaign funds for a candidate
for federal office; amending K.S.A. 25-4153 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-4153 is hereby amended to read as follows: 25-
4153. (a) The aggregate amount contributed to a candidate and such
candidate's candidate committee and to all party committees and political
committees and dedicated to such candidate's campaign, by any political
committee or any person except a party committee, the candidate or the
candidate's spouse, shall not exceed the following:
(1) For the pair of offices of governor and lieutenant governor or for
other state officers elected from the state as a whole, $2,000 for each
primary election (or in lieu thereof a caucus or convention of a political
party) and an equal amount for each general election.
(2) For the office of member of the house of representatives, district
judge, district magistrate judge, district attorney or a candidate for local
office, $500 for each primary election (or in lieu thereof a caucus or
convention of a political party) and an equal amount for each general
election.
(3) For the office of state senator or member of the state board of
education, $1,000 for each primary election (or in lieu thereof a caucus or
convention of a political party) and an equal amount for each general
election.
(b) For the purposes of this section, the face value of a loan at the end
of the period of time allocable to the primary or general election is the
amount subject to the limitations of this section. A loan in excess of the
limits herein provided may be made during the allocable period if such
loan is reduced to the permissible level, when combined with all other
contributions from the person making such loan, at the end of such
allocable period.
(c) For the purposes of this section, all contributions made by
unemancipated children under 18 years of age shall be considered to be
contributions made by the parent or parents of such children. The total
amount of such contribution shall be attributed to a single custodial parent
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and 50% of such contribution to each of two parents.
(d) The aggregate amount contributed to a state party committee by a
person other than a national party committee or a political committee shall
not exceed $15,000 in each calendar year; and the aggregate amount
contributed to any other party committee by a person other than a national
party committee or a political committee shall not exceed $5,000 in each
calendar year.
The aggregate amount contributed by a national party committee to a
state party committee shall not exceed $25,000 in any calendar year, and
the aggregate amount contributed to any other party committee by a
national party committee shall not exceed $10,000 in any calendar year.
The aggregate amount contributed to a party committee by a political
committee shall not exceed $5,000 in any calendar year.
(e) Any political funds which have been collected and were not
subject to the reporting requirements of this act shall be deemed a person
subject to these contribution limitations.
(f) (1) Any political funds which have been collected and were
subject to the reporting requirements of the campaign finance act shall not
be used in or for the campaign of a candidate for a federal elective office.
(2) Any political funds that have been collected by a candidate or
candidate committee and were subject to the reporting requirements of the
campaign finance act shall not be used in or for the campaign of a
candidate for a federal elective office.
(g) The amount contributed by each individual party committee of the
same political party other than a national party committee to any candidate
for office, for any primary election at which two or more candidates are
seeking the nomination of such party shall not exceed the following:
(1) For the pair of offices of governor and lieutenant governor and for
each of the other state officers elected from the state as a whole, $2,000 for
each primary election (or in lieu thereof a caucus or convention of a
political party).
(2) For the office of member of the house of representatives, district
judge, district magistrate judge, district attorney or a candidate for local
office, $500 for each primary election (or in lieu thereof a caucus or
convention of a political party).
(3) For the office of state senator or member of the state board of
education, $1,000 for each primary election (or in lieu thereof a caucus or
convention of a political party).
(h) When a candidate for a specific cycle does not run for office, the
contribution limitations of this section shall apply as though the individual
had sought office.
(i) No person shall make any contribution or contributions to any
candidate or the candidate committee of any candidate in the form of
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money or currency of the United States which in the aggregate exceeds
$100 for any one primary or general election, and no candidate or
candidate committee of any candidate shall accept any contribution or
contributions in the form of money or currency of the United States which
in the aggregate exceeds $100 from any one person for any one primary or
general election.
(j) (1) No person shall make or accept any cryptocurrency
contribution for any candidate or candidate committee that in the
aggregate exceeds $100 for any one primary or general election from any
one person. The value of a cryptocurrency contribution is the fair market
value of the cryptocurrency at the time the payment processor obtains
possession of the contribution;
(2) no person shall make or accept any cryptocurrency contribution
for any political committee or party committee that in the aggregate
exceeds $100 for any calendar year from any one person. The value of a
cryptocurrency contribution is the fair market value of the cryptocurrency
at the time the payment processor obtains possession of the contribution;
(3) a candidate, candidate committee, political committee or party
committee shall immediately convert a cryptocurrency contribution to
United States currency and deposit the proceeds into the campaign
account. A campaign shall not make expenditures in the form of
cryptocurrency nor hold cryptocurrency as a campaign asset;
(4) a candidate, candidate committee, political committee or party
committee shall obtain the following information before accepting a
cryptocurrency contribution:
(A) The contributor's full name;
(B) the contributor's physical address;
(C) an affirmation from the contributor that they are the owner of the
cryptocurrency; and
(D) an affirmation from the contributor that they are not a foreign
national;
(5) a campaign finance contribution in the form of cryptocurrency
may only be accepted if the contribution is made and received through a
United States-based cryptocurrency payment processor that utilizes
procedures that enable the processor to form a reasonable belief that it
knows the true identity of each contributor and collects the name and
address of each contributor at the time the contribution is made and
transmits this information to the committee; and
(6) when reporting a contribution of cryptocurrency on a campaign
finance report, a treasurer shall report the amount and type of virtual
currency received.
Sec. 2. K.S.A. 25-4153 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
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publication in the statute book.1