Session of 2023
HOUSE BILL No. 2207
By Committee on Federal and State Affairs
1-30
AN ACT concerning elections; relating to the crime of corrupt political
advertising; expanding the scope of the crime; amending K.S.A. 25-
2407 and 25-4156 and repealing the existing sections.
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 the same
sponsoring such candidate 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 such candidate 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 such candidate or the name of the individual who
is responsible therefor;
(4) 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
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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 the same
sponsoring such question or the name of the person who is responsible
therefor;
(4)(5) 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 such question or the name of the person who is responsible
therefor; or
(5)(6) 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
such question or the name of the individual who is responsible therefor; or
(7) 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
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 such
question or the name of the individual who is responsible therefor.
(b) Corrupt political advertising is a class C misdemeanor.
(c) For the purposes of this section, the term "expressly advocate the
nomination, election or defeat of a clearly identified candidate" shall have
the meaning ascribed to it means the same as defined in K.S.A. 25-4143,
and amendments thereto.
Sec. 2. K.S.A. 25-4156 is hereby amended to read as follows: 25-
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4156. (a) (1) Whenever any person sells space in any newspaper, magazine
or other periodical to a candidate or to a candidate committee, party
committee or political committee, the charge made for the use of such
space shall not exceed the charges made for comparable use of such space
for other purposes.
(2) Intentionally charging an excessive amount for political
advertising is a class A misdemeanor.
(b) (1) Except as provided in paragraph (2), corrupt political
advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by the word "advertisement" or the
abbreviation "adv." in a separate line together with the name of the
chairperson or treasurer of the political or other organization sponsoring
the same such candidate or the name of the individual who is responsible
therefor;
(B) broadcasting or causing to be broadcast by any radio or television
station any paid matter that expressly advocates the nomination, election
or defeat of a clearly identified candidate for a state or local office, 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 such candidate or the name of the
individual who is responsible therefor;
(C) 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 or, wireless telephone or text
messaging device, any paid matter that expressly advocates the
nomination, election or defeat of a clearly identified candidate for a state
or local office, 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 such candidate or the name of the
individual who is responsible therefor;
(D) publishing or causing to be published any brochure, flier or other
political fact sheet that expressly advocates the nomination, election or
defeat of a clearly identified candidate for a state or local office, unless
such 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 such candidate or the
name of the individual who is responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of the
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name of an individual shall not apply to individuals making expenditures
in an aggregate amount of less than $2,500 within a calendar year; or
(E) making or causing to be made any website, e-mail or other type of
internet communication that expressly advocates the nomination, election
or defeat of a clearly identified candidate for a state or local office, 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 such candidate or the name of the
individual who is responsible therefor.
The provisions of this subparagraph (E) requiring the disclosure of the
name of an individual shall apply only to any website, email or other type
of internet communication that 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 viewed by or disseminated
to at least 25 individuals. For the purposes of this subparagraph, the terms
"candidate," "candidate committee," "party committee" and "political
committee" shall have the meanings ascribed to them mean the same as
defined in K.S.A. 25-4143, and amendments thereto.
(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
the publication of any communication that expressly advocates the
nomination, election or defeat of a clearly identified candidate for state or
local office, if such communication is made over any social media
provider which has a character limit of 280 characters or fewer.
(3) Corrupt political advertising of a state or local office is a class C
misdemeanor.
(c) If any provision of this section or application thereof to any
person or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this section that can be given effect without
the invalid application or provision, and to this end the provisions of this
section are declared to be severable.
Sec. 3. K.S.A. 25-2407 and 25-4156 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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