Kansas 2023-2024 Regular Session

Kansas House Bill HB2207 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2023
2	2	HOUSE BILL No. 2207
3	3	By Committee on Federal and State Affairs
4	4	1-30
5	5	AN ACT concerning elections; relating to the crime of corrupt political
6	6	advertising; expanding the scope of the crime; amending K.S.A. 25-
7	7	2407 and 25-4156 and repealing the existing sections.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. K.S.A. 25-2407 is hereby amended to read as follows: 25-
10	10	2407. Corrupt political advertising is:
11	11	(a) (1) Publishing or causing to be published in a newspaper or other
12	12	periodical any paid matter which that expressly advocates the nomination,
13	13	election or defeat of any clearly identified candidate, unless such matter is
14	14	followed by the word "advertisement" or the abbreviation "adv." in a
15	15	separate line together with the name of the chairman chairperson or
16	16	treasurer of the political or other organization inserting the same
17	17	sponsoring such candidate or the name of the person who is responsible
18	18	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 such candidate or the name of the person who is responsible
26	26	therefor; or
27	27	(3) telephoning an individual or causing an individual to be
28	28	contacted by any telephonic means, including, but not limited to, any
29	29	device using a voice over internet protocol, wireless telephone or text
30	30	messaging device, any paid matter that expressly advocates the
31	31	nomination, election or defeat of any clearly identified candidate, unless
32	32	such matter is preceded by a statement that states: "Paid for" or
33	33	"Sponsored by" followed by the name of the sponsoring organization and
34	34	the name of the chairperson or treasurer of the political or other
35	35	organization sponsoring such candidate or the name of the individual who
36	36	is responsible therefor;
37	37	(4) publishing or causing to be published in a newspaper or other
38	38	periodical any paid matter which that is intended to influence the vote of
39	39	any person or persons for or against any question submitted for a
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76	76	proposition to amend the constitution or to authorize the issuance of bonds
77	77	or any other question submitted at an election, unless such matter is
78	78	followed by the word "advertisement" or the abbreviation "adv." in a
79	79	separate line together with the name of the chairman chairperson or
80	80	treasurer of the political or other organization inserting the same
81	81	sponsoring such question or the name of the person who is responsible
82	82	therefor;
83	83	(4)(5) broadcasting or causing to be broadcast by any radio or
84	84	television station any paid matter which that is intended to influence the
85	85	vote of any person or persons for or against any question submitted for a
86	86	proposition to amend the constitution or to authorize the issuance of bonds
87	87	or any other question submitted at an election, unless such matter is
88	88	followed by a statement which that states: "Paid for" or "Sponsored by"
89	89	followed by the name of the sponsoring organization and the name of the
90	90	chairperson or treasurer of the political or other organization sponsoring
91	91	the same such question or the name of the person who is responsible
92	92	therefor; or
93	93	(5)(6) telephoning an individual or causing an individual to be
94	94	contacted by any telephonic means, including, but not limited to, any
95	95	device using a voice over internet protocol, wireless telephone or text
96	96	messaging device, any paid matter that is intended to influence the vote of
97	97	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 that states: "Paid for" or "Sponsored by" followed
101	101	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	such question or the name of the individual who is responsible therefor; or
104	104	(7) publishing or causing to be published any brochure, flier or other
105	105	political fact sheet which that is intended to influence the vote of any
106	106	person or persons for or against any question submitted for a proposition
107	107	to amend the constitution or to authorize the issuance of bonds or any
108	108	other question submitted at an election, unless such matter is followed by a
109	109	statement which that states: "Paid for" or "Sponsored by" followed by the
110	110	name of the sponsoring organization and the name of the chairperson or
111	111	treasurer of the political or other organization sponsoring the same such
112	112	question or the name of the individual who is responsible therefor.
113	113	(b) Corrupt political advertising is a class C misdemeanor.
114	114	(c) For the purposes of this section, the term "expressly advocate the
115	115	nomination, election or defeat of a clearly identified candidate" shall have
116	116	the meaning ascribed to it means the same as defined in K.S.A. 25-4143,
117	117	and amendments thereto.
118	118	Sec. 2. K.S.A. 25-4156 is hereby amended to read as follows: 25-
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162	162	4156. (a) (1) Whenever any person sells space in any newspaper, magazine
163	163	or other periodical to a candidate or to a candidate committee, party
164	164	committee or political committee, the charge made for the use of such
165	165	space shall not exceed the charges made for comparable use of such space
166	166	for other purposes.
167	167	(2) Intentionally charging an excessive amount for political
168	168	advertising is a class A misdemeanor.
169	169	(b) (1) Except as provided in paragraph (2), corrupt political
170	170	advertising of a state or local office is:
171	171	(A) Publishing or causing to be published in a newspaper or other
172	172	periodical any paid matter that expressly advocates the nomination,
173	173	election or defeat of a clearly identified candidate for a state or local
174	174	office, unless such matter is followed by the word "advertisement" or the
175	175	abbreviation "adv." in a separate line together with the name of the
176	176	chairperson or treasurer of the political or other organization sponsoring
177	177	the same such candidate or the name of the individual who is responsible
178	178	therefor;
179	179	(B) broadcasting or causing to be broadcast by any radio or television
180	180	station any paid matter that expressly advocates the nomination, election
181	181	or defeat of a clearly identified candidate for a state or local office, unless
182	182	such matter is followed by a statement that states: "Paid for" or
183	183	"Sponsored by" followed by the name of the sponsoring organization and
184	184	the name of the chairperson or treasurer of the political or other
185	185	organization sponsoring the same such candidate or the name of the
186	186	individual who is responsible therefor;
187	187	(C) telephoning an individual or causing an individual to be
188	188	contacted by any telephonic means including, but not limited to, any
189	189	device using a voice over internet protocol or, wireless telephone or text
190	190	messaging device, any paid matter that expressly advocates the
191	191	nomination, election or defeat of a clearly identified candidate for a state
192	192	or local office, unless such matter is preceded by a statement that states:
193	193	"Paid for" or "Sponsored by" followed by the name of the sponsoring
194	194	organization and the name of the chairperson or treasurer of the political or
195	195	other organization sponsoring the same such candidate or the name of the
196	196	individual who is responsible therefor;
197	197	(D) publishing or causing to be published any brochure, flier or other
198	198	political fact sheet that expressly advocates the nomination, election or
199	199	defeat of a clearly identified candidate for a state or local office, unless
200	200	such matter is followed by a statement that states: "Paid for" or
201	201	"Sponsored by" followed by the name of the chairperson or treasurer of the
202	202	political or other organization sponsoring the same such candidate or the
203	203	name of the individual who is responsible therefor.
204	204	The provisions of this subparagraph (D) requiring the disclosure of the
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248	248	name of an individual shall not apply to individuals making expenditures
249	249	in an aggregate amount of less than $2,500 within a calendar year; or
250	250	(E) making or causing to be made any website, e-mail or other type of
251	251	internet communication that expressly advocates the nomination, election
252	252	or defeat of a clearly identified candidate for a state or local office, unless
253	253	the matter is followed by a statement that states: "Paid for" or "Sponsored
254	254	by" followed by the name of the chairperson or treasurer of the political or
255	255	other organization sponsoring the same such candidate or the name of the
256	256	individual who is responsible therefor.
257	257	The provisions of this subparagraph (E) requiring the disclosure of the
258	258	name of an individual shall apply only to any website, email or other type
259	259	of internet communication that is made by the candidate, the candidate's
260	260	candidate committee, a political committee or a party committee and the
261	261	website, email or other internet communication viewed by or disseminated
262	262	to at least 25 individuals. For the purposes of this subparagraph, the terms
263	263	"candidate," "candidate committee," "party committee" and "political
264	264	committee" shall have the meanings ascribed to them mean the same as
265	265	defined in K.S.A. 25-4143, and amendments thereto.
266	266	(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
267	267	the publication of any communication that expressly advocates the
268	268	nomination, election or defeat of a clearly identified candidate for state or
269	269	local office, if such communication is made over any social media
270	270	provider which has a character limit of 280 characters or fewer.
271	271	(3) Corrupt political advertising of a state or local office is a class C
272	272	misdemeanor.
273	273	(c) If any provision of this section or application thereof to any
274	274	person or circumstance is held invalid, such invalidity does not affect other
275	275	provisions or applications of this section that can be given effect without
276	276	the invalid application or provision, and to this end the provisions of this
277	277	section are declared to be severable.
278	278	Sec. 3. K.S.A. 25-2407 and 25-4156 are hereby repealed.
279	279	Sec. 4. This act shall take effect and be in force from and after its
280	280	publication in the statute book.
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