Kansas 2023-2024 Regular Session

Kansas House Bill HB2519 Compare Versions

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1	1	Session of 2024
2	2	HOUSE BILL No. 2519
3	3	By Committee on Elections
4	4	Requested by Representative Waggoner
5	5	1-17
6	6	AN ACT concerning campaign finance; amending the crime of corrupt
7	7	political advertising to expand the crime to include constitutional
8	8	amendment propositions, bond issues and other question submitted
9	9	propositions; amending K.S.A. 25-4156 and repealing the existing
10	10	section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 25-4156 is hereby amended to read as follows: 25-
13	13	4156. (a) (1) Whenever any person sells space in any newspaper, magazine
14	14	or other periodical to a candidate or to a candidate committee, party
15	15	committee or political committee, the charge made for the use of such
16	16	space shall not exceed the charges made for comparable use of such space
17	17	for other purposes.
18	18	(2) Intentionally charging an excessive amount for political
19	19	advertising is a class A misdemeanor.
20	20	(b) (1) Except as provided in paragraph (2), corrupt political
21	21	advertising of a state or local office or that is intended to influence the
22	22	vote of any person for or against any proposition to amend the
23	23	constitution or to authorize the issuance of bonds or any other question
24	24	submitted at an election is:
25	25	(A) Publishing or causing to be published in a newspaper or other
26	26	periodical any paid matter that expressly advocates the nomination,
27	27	election or defeat of a clearly identified candidate for a state or local office
28	28	of a question submitted to amend the constitution to authorize the issuance
29	29	of bonds or any other question submitted at an election, unless such matter
30	30	is followed by the word "advertisement" or the abbreviation "adv." in a
31	31	separate line together with the name of the chairperson or treasurer of the
32	32	political or other organization sponsoring the same or the name of the
33	33	individual who is responsible therefor;
34	34	(B) broadcasting or causing to be broadcast by any radio or television
35	35	station any paid matter that expressly advocates the nomination, election
36	36	or defeat of a clearly identified candidate for a state or local office or that
37	37	is intended to influence the vote of any person or persons for or against
38	38	any proposition to amend the constitution or to authorize the issuance of
39	39	bonds or any other question submitted at an election, unless such matter is
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75	75	followed by a statement that states: "Paid for" or "Sponsored by" followed
76	76	by the name of the sponsoring organization and the name of the
77	77	chairperson or treasurer of the political or other organization sponsoring
78	78	the same or the name of the individual who is responsible therefor;
79	79	(C) telephoning or causing to be contacted by any telephonic means
80	80	including, but not limited to, any device using a voice over internet
81	81	protocol or wireless telephone, any paid matter that expressly advocates
82	82	the nomination, election or defeat of a clearly identified candidate for a
83	83	state or local office or that is intended to influence the vote of any person
84	84	or persons for or against any proposition to amend the constitution or to
85	85	authorize the issuance of bonds or any other question submitted at an
86	86	election, unless such matter is preceded by a statement that states: "Paid
87	87	for" or "Sponsored by" followed by the name of the sponsoring
88	88	organization and the name of the chairperson or treasurer of the political or
89	89	other organization sponsoring the same or the name of the individual who
90	90	is responsible therefor;
91	91	(D) publishing or causing to be published any brochure, flier or other
92	92	political fact sheet that expressly advocates the nomination, election or
93	93	defeat of a clearly identified candidate for a state or local office or that is
94	94	intended to influence the vote of any person or persons for or against any
95	95	proposition to amend the constitution or to authorize the issuance of bonds
96	96	or any other question submitted at an election, unless such matter is
97	97	followed by a statement that states: "Paid for" or "Sponsored by" followed
98	98	by the name of the chairperson or treasurer of the political or other
99	99	organization sponsoring the same or the name of the individual who is
100	100	responsible therefor.
101	101	The provisions of this subparagraph (D) requiring the disclosure of the
102	102	name of an individual shall not apply to individuals making expenditures
103	103	in an aggregate amount of less than $2,500 within a calendar year; or
104	104	(E) making or causing to be made any website, e-mail or other type of
105	105	internet communication that expressly advocates the nomination, election
106	106	or defeat of a clearly identified candidate for a state or local office or that
107	107	is intended to influence the vote of any person or persons for or against
108	108	any question to amend the constitution or to authorize the issuance of
109	109	bonds or any other question submitted at an election, unless the matter is
110	110	followed by a statement that states: "Paid for" or "Sponsored by" followed
111	111	by the name of the chairperson or treasurer of the political or other
112	112	organization sponsoring the same or the name of the individual who is
113	113	responsible therefor.
114	114	The provisions of this subparagraph (E) requiring the disclosure of the
115	115	name of an individual shall apply only to any website, email or other type
116	116	of internet communication that is made by the candidate, the candidate's
117	117	candidate committee, a political committee or a party committee and the
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161	161	website, email or other internet communication viewed by or disseminated
162	162	to at least 25 individuals. For the purposes of this subparagraph, the terms
163	163	"candidate," "candidate committee," "party committee" and "political
164	164	committee" shall have the meanings ascribed to them in K.S.A. 25-4143,
165	165	and amendments thereto.
166	166	(2) The provisions of subsections (b)(1)(C) and (E) (b)(1)(E) shall not
167	167	apply to the publication of any communication that expressly advocates
168	168	the nomination, election or defeat of a clearly identified candidate for state
169	169	or local office, if such communication is made over any social media
170	170	provider which that has a character limit of 280 characters or fewer.
171	171	(3) Corrupt political advertising of a state or local office of a question
172	172	submitted to amend the constitution to authorize the issuance of bonds or
173	173	any other question submitted at an election is a class C nonperson
174	174	misdemeanor.
175	175	(c) If any provision of this section or application thereof to any
176	176	person or circumstance is held invalid, such invalidity does not affect other
177	177	provisions or applications of this section that can be given effect without
178	178	the invalid application or provision, and to this end the provisions of this
179	179	section are declared to be severable.
180	180	Sec. 2. K.S.A. 25-4156 is hereby repealed.
181	181	Sec. 3. This act shall take effect and be in force from and after its
182	182	publication in the statute book.
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