Session of 2024
Substitute for HOUSE BILL No. 2519
By Committee on Elections
2-21
AN ACT concerning campaign finance; amending the crimes of corrupt
political advertising to expand the crime in the campaign finance act to
include constitutional amendment propositions and to delete
propositions to amend the constitution from the corrupt political
advertising crime that appears in article 24 of chapter 25 of the Kansas
statutes annotated; 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 expressly advocates the nomination,
election or defeat of any 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 of the political or other organization
inserting 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 expressly advocates the nomination, election
or defeat of any candidate, unless such matter is followed by a statement
which 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) publishing or causing to be published in a newspaper or other
periodical any paid matter which 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 of the political or other
organization inserting the same or the name of the person who is
responsible therefor;
(4) broadcasting or causing to be broadcast by any radio or television
station any paid matter which is intended to influence the vote of any
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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 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) publishing or causing to be published any brochure, flier or other
political fact sheet which 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 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) For the purposes of this section, the term "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.
Sec. 2. 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 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 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
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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, 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, 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, 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
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;
(F) publishing, broadcasting or causing to be published in a
newspaper, periodical or any radio or television station 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, unless such matter is followed by the word "advertisement"
or the abbreviation "adv." in a separate line together with the name of the
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chairperson of the political or other organization inserting the same or the
name of the person who is responsible therefor;
(G) 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 is intended to
influence the vote of any person or persons for or against any question
submitted for a proposition to amend the constitution, 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;
(H) publishing or causing to be published any brochure, flier or other
political fact sheet which is intended to influence the vote of any person or
persons for or against any question submitted for a proposition to amend
the constitution, 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. The provisions of this subparagraph 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
(I) 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, 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 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" means the same as defined 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.
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(3) Corrupt political advertising of a state or local office or of a
question submitted to amend the constitution 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. 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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