Session of 2024
HOUSE BILL No. 2519
By Committee on Elections
Requested by Representative Waggoner
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AN ACT concerning campaign finance; amending the crime of corrupt
political advertising to expand the crime to include constitutional
amendment propositions, bond issues and other question submitted
propositions; amending K.S.A. 25-4156 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-4156 is hereby amended to read as follows: 25-
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 or that is intended to influence the
vote of any person for or against any proposition to amend the
constitution or to authorize the issuance of bonds or any other question
submitted at an election 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
of a question submitted to amend the constitution 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 chairperson or treasurer of the
political or other organization sponsoring the same 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 or that
is intended to influence the vote of any person or persons for or against
any proposition to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, unless such matter is
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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;
(C) telephoning or causing to be contacted by any telephonic means
including, but not limited to, any device using a voice over internet
protocol or wireless telephone, any paid matter that expressly advocates
the nomination, election or defeat of a clearly identified candidate for a
state or local office or that is intended to influence the vote of any person
or persons for or against any proposition to amend the constitution or to
authorize the issuance of bonds or any other question submitted at an
election, 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;
(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 or that is
intended to influence the vote of any person or persons for or against any
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 chairperson or treasurer of the political or other
organization sponsoring the same or the name of the individual who is
responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of the
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 or that
is intended to influence the vote of any person or persons for or against
any question to amend the constitution or to authorize the issuance of
bonds or any other question submitted at an election, 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.
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
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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 in K.S.A. 25-4143,
and amendments thereto.
(2) The provisions of subsections (b)(1)(C) and (E) (b)(1)(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 that has a character limit of 280 characters or fewer.
(3) Corrupt political advertising of a state or local office of a question
submitted to amend the constitution to authorize the issuance of bonds or
any other question submitted at an election is a class C nonperson
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. 2. K.S.A. 25-4156 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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