SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2206
As Amended by Senate Committee of the Whole
Brief*
HB 2206, as amended, would amend various provisions
of the Campaign Finance Act (Act) and change the name of
the Kansas Governmental Ethics Commission to the Kansas
Public Disclosure Commission.
Termination of Candidate Campaign Accounts (New
Section 1)
For any person elected to state or local office who
decides not to be a candidate or is defeated as a candidate
for such office at the next election, the bill would require the
termination of the person’s candidate campaign account
related to that office on or before the date 90 days after the
second general election for the office in which the candidate
was not elected.
The treasurer for any such candidate campaign account
would be required to dispose of any residual funds and file
the required termination report pursuant to state law.
Kansas Public Disclosure Commission (Sections 2–6, 8,
10, 14–28)
The bill would, on and after July 1, 2025, change the
name of the Kansas Governmental Ethics Commission to the
Kansas Public Disclosure Commission. The bill would clarify
that when the Kansas Governmental Ethics Commission is
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ referenced or designated by statute, contract, or other
document, the reference or designation shall be deemed to
apply to the Kansas Public Disclosure Commission
(Commission). The bill would rename the Kansas
Governmental Ethics Commission Fee Fund to the Kansas
Public Disclosure Commission Fee Fund and remove
provisions renaming the fee fund in 1998.
The bill would clarify the Act would not abolish and
reestablish the Commission or affect the terms of the
members currently serving on the Commission. The bill would
also clarify all the Commission’s rules and regulations
adopted and created prior to July 1, 2025, would continue to
be in force and effect.
Cooperation or Consent (Section 7)
The bill would add a new definition for the phrase
“cooperation or consent.” With respect to expenditures,
“cooperation or consent” would mean:
●An express advocacy expenditure that is created,
produced, or distributed at the request or
recommendation of a candidate, candidate
committee, or party committee; or
●An express advocacy expenditure that is created,
produced, or distributed at the recommendation of
a person who is paying for such express advocacy
and the candidate, candidate committee, or party
committee assents to such recommendation.
Additionally, the bill would specify that “cooperation or
consent” does not include:
●A candidate’s or political party’s response to an
inquiry about such candidate’s or political party’s
positions on legislative policy or issues;
2- 2206 ●An expenditure that used information obtained from
a publicly available source;
●An endorsement of a candidate;
●Soliciting contributions for any committee;
●An expenditure for the use of a commercial vendor
or to a former employee of the candidate by the
person making the expenditure if:
○The commercial vendor or former employee
has provided political services to the
candidate during the 120 days immediately
preceding such expenditure;
○A firewall is established and implemented by
the person making the expenditure; and
○The firewall is designed and implemented to
prohibit the flow of information between those
providing services to the person making the
expenditure and those currently providing or
that have previously provided services to the
candidate; and
●An expenditure for the use of a commercial vendor
or to a former employee of the candidate by the
person making the expenditure and the commercial
vendor or former employee has not provided
political services to such candidate during the 120
days immediately preceding such expenditure.
Giving in the Name of Another (Section 12)
Continuing law prohibits making contributions in the
name of another person and knowingly accepting
contributions made by one person in the name of another
person. The bill would raise the limit at which an individual
can accept a contribution without knowing the name and
address of the contributor from $10 to $50.
3- 2206 The bill would add a provision to the prohibition stating,
except for contributions made by candidates to their own
candidate committee, when a person makes a contribution,
such person has no authority to control or direct the use of
the contribution. The bill would further prohibit any person
from making a contribution to a committee with any condition
that the contribution or any portion of the contribution is to be
subsequently contributed to any other committee; the bill
would declare any such agreement null and void.
For the purposes of this section, the bill would define
“contribution in the name of another” and “contribution made
by one person in the name of another” as a contribution made
to a person by or through the name of another person for the
purpose of concealing the original source of any moneys
reported on any report or statement that is required to be filed
under the Act. The bill would not include any contributions,
expenditures, or transfers of moneys that are subject to
requirements of the Act and that will be reported by an
individual or committee on a report or statement filed
pursuant to the Act.
Political Committees (Sections 7, 11, and 13)
Definitions (Section 7)
Political committee. The bill would amend the definition
of “political committee” to mean any entity, including any
combination of two or more individuals who are not married to
one another, or any person other than an individual, the major
purpose of which is to make contributions or expenditures
that in aggregate exceed $3,000 during any one calendar
year and that satisfies one of the following:
●States in such entity’s articles of incorporation,
bylaws, or in any resolution adopted by the board
of directors for such entity that the major purpose
of such entity is to elect state or local candidates
4- 2206 through express advocacy and contributions to
candidate campaigns and political parties; or
●Spends not less than 50 percent of such entity’s
total program spending on contributions or
expenditures during the period of time such entity
has existed or, if such entity has existed for more
than five years, during the immediately preceding
five years.
[Note: Current law defines “political committee” to mean
any combination of two or more individuals or any person
other than an individual, a major purpose of which is to
expressly advocate the nomination, election, or defeat of a
clearly identified candidate for state or local office or make
contributions to or expenditures for the nomination, election,
or defeat of a clearly identified candidate for state or local
office.]
Total program spending. The bill would also define
“total program spending,” as it relates to political committees,
to mean the aggregate expenditures on all program activities,
including:
●All disbursements for contributions and
expenditures; and
●All expenditures for fundraising communications
that expressly advocate the nomination, election,
or defeat of a candidate or candidates for state or
local office.
The bill would exclude the following from total program
spending:
●Expenditures for volunteer time or expenses;
●Administrative expenses; or
●Any other fundraising expenses.
5- 2206 For the purposes of determining total program spending
on contributions and expenditures, the bill would provide that:
●A grant made to a political committee or an
organization that is organized under Section 527 of
the Internal Revenue Code would be included in
the entity’s total program spending as a
contribution or expenditure, unless such grant is
expressly designated for use outside of Kansas or
for any federal election, then the grant would not
be considered a contribution or expenditure; and
●All other grants made by the entity would be
included in the entity’s total program spending but
would not be considered a contribution or
expenditure unless the the entity expressly
designates such grant, or any portion thereof, for
making a contribution or expenditure in Kansas. If
so designated, then the grant or portion of the
grant would be considered a contribution or
expenditure.
Legislative Prohibition (Section 11)
The bill would clarify that no political committee could be
established by a member of the Legislature or a candidate for
the Legislature.
Termination Reports (Section 13)
The bill would require political committees to file
termination reports with both the Secretary of State and the
county election office.
Independent Expenditure Statements (Section 9)
The bill would amend statement filing requirements for
persons other than candidates or any committees making
6- 2206 independent expenditures and would remove statement filing
requirements for such persons making contributions. The bill
would raise the filing threshold from an aggregate amount of
$100 or more to $1,000 or more within a calendar year and
remove the requirements that statements contain the same
information as candidate reports.
The bill would require the statements of independent
expenditures to include:
●The name and address of each person who
receives payment in an aggregate amount that is
greater than $500 for an independent expenditure
or for the creation or distribution of an independent
expenditure; and
●The date, amount, and purpose of each
independent expenditure, including the name and
the office sought of each candidate identified in an
independent expenditure and if such independent
expenditure was in support of or in opposition to
such candidate.
The bill would require statements of independent
expenditures to be filed at the following times:
●On or before the next succeeding date on which
reports are due to be filed pursuant to continuing
law; and
●On or before 11:59 p.m. on the second day
immediately following the date of the last
independent expenditure if a person makes
independent expenditures in aggregate of $1,000
or more in the same calendar year after filing a
statement of independent expenditures.
7- 2206 Technical and Conforming Amendments
The bill would make technical and conforming
amendments.
Background
The bill was introduced by the House Committee on
Elections at the request of Representative Waggoner.
House Committee on Elections
In the House Committee hearing, a representative of
Kriegshauser Ney Law Group provided proponent testimony,
stating the bill would address vagueness in the law and
implement protections for Kansans’ First Amendment rights.
A representative of the Kansas Governmental Ethics
Commission provided neutral testimony, stating that the
Commission’s purpose is to foster public trust and expressed
concerns the bill would diminish transparency.
No other testimony was provided.
The House Committee amended the bill to:
●Amend the definition of “cooperation or consent” to
carve out soliciting contributions for any committee;
●Lower the aggregate spending requirement from
$5,000 to $3,000 before an entity must register as
a political committee;
●Add a five-year look-back for a political committee’s
total program spending; and
●Remove a provision in the prohibition on giving in
the name of another that would have declared the
8- 2206 invalid agreements to not be in violation of the
Campaign Finance Act.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was provided by a representative of the Kriegshauser Ney
Law Group, who discussed recent court decisions finding
statutes concerning “giving in the name of another” and
defining “political committee” unconstitutional and stated the
bill would bring Kansas campaign finance laws into
compliance with the U.S. Constitution. The proponent also
requested the Committee consider adding some or all of the
provisions of SB 279 related to the Act and the Commission.
Written-only proponent testimony was provided by a
representative of People United for Privacy Foundation.
Opponent testimony was provided by a private citizen,
who expressed concerns about the potential impact the bill
could have on ongoing ethics investigations and requested
the proposed reforms be paused until the investigations
conclude to ensure transparency.
Written-only opponent testimony was provided by a
private citizen.
Neutral testimony was provided by a representative of
the Kansas Governmental Ethics Commission , who
expressed concerns about the Commission’s ability to
enforce the Act and ensure transparency if the bill were
enacted.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
add provisions requiring the termination of candidate
campaign accounts.
9- 2206 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas
Governmental Ethics Commission states enactment of the bill
would require the agency to make minor changes to the
agency logo, but that costs could be absorbed within existing
resources. The Commission indicates fewer political
committees would be required to register with the
Commission, which would reduce revenue to its fee fund by
approximately $10,000 in FY 2026 and FY 2027.
The Office of the Secretary of State indicates the
enactment of the bill would have minimal fiscal effect on the
agency that could be absorbed within existing resources.
Any fiscal effect associated with the bill is not reflected
in The FY 2026 Governor’s Budget Report.
Campaign Finance Act; Kansas Public Disclosure Commission; political committees;
cooperation or consent; independent expenditures; campaign contributions;
campaign accounts; termination of candidate campaign account
10- 2206