Kansas 2025-2026 Regular Session

Kansas Senate Bill SB136 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 136
33 By Senator Holscher
44 1-31
55 AN ACT concerning campaign finance; limiting contributions to $5,000
66 per year to political committees that are made for the purpose of
77 independent expenditures; requiring accounting, reporting and auditing
88 of such contributions; amending K.S.A. 25-4147, 25-4148 and 25-4153
99 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 25-4147 is hereby amended to read as follows: 25-
1212 4147. (a) (1) Every treasurer shall keep detailed accounts of all
1313 contributions and other receipts received and all expenditures made by or
1414 on behalf of the treasurer's candidate or committee.
1515 (2) In addition to any other accounts or records required by law,
1616 every treasurer of a political committee that receives one or more
1717 contributions for the purpose of making independent expenditures, as
1818 defined in K.S.A. 25-4148c, and amendments thereto, shall keep an
1919 account of any contribution received for the purpose of making such
2020 expenditures. In addition to any other requirements, such account shall
2121 contain the name of the contributor and the total contributions from each
2222 contributor.
2323 (b) (1) Accounts of any treasurer may be inspected under conditions
2424 determined by the commission, and shall be preserved for a period to be
2525 designated by the commission.
2626 (2) In addition to inspections pursuant to paragraph (1), accounts of
2727 any treasurer of any political committee that receives one or more
2828 contributions for the purpose of making independent expenditures shall be
2929 subject to an annual audit at a time to be determined by the commission.
3030 The audit shall be conducted by a Kansas auditor approved by the
3131 commission at the political committee's expense. The scope and method of
3232 the audit shall be approved by the commission and shall include, but not
3333 be limited to, the compliance by the political committee with the
3434 provisions of K.S.A. 25-4153(j), and amendments thereto.
3535 (c) An individual may serve as treasurer for a candidate, candidate
3636 committee, party committee or political committee or of any two or more
3737 such committees or candidates.
3838 (d) Every person who receives a contribution for a candidate,
3939 candidate committee, party committee or political committee more than
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7676 five days prior to the ending date of any period for which a report is
7777 required by K.S.A. 25-4148, and amendments thereto, on demand of the
7878 treasurer, or in any event on or before the ending date of the reporting
7979 period, shall remit the same and render to the treasurer an account thereof,
8080 including the amount, the name and address of the person, if known,
8181 making the contribution and the date received.
8282 (e) No contribution or other receipt received by a candidate,
8383 candidate committee, party committee or political committee shall be
8484 commingled with personal funds of the candidate or the treasurer or other
8585 officers or members of such committee.
8686 (f) No candidate, candidate committee, party committee or political
8787 committee shall receive any contribution or other receipt from a political
8888 committee unless accompanied by the full name of the organization with
8989 which the political committee is connected or affiliated or, name or
9090 description sufficiently describing the affiliation or, if the political
9191 committee is not connected or affiliated with any one organization, the
9292 trade, profession or primary interest of the political committee as reflected
9393 by the statement of purpose of such organization.
9494 Sec. 2. K.S.A. 25-4148 is hereby amended to read as follows: 25-
9595 4148. (a) Every treasurer shall file a report prescribed by this section.
9696 Reports filed by treasurers for candidates for state office, other than
9797 officers elected on a state-wide basis, shall be filed in both with the office
9898 of the secretary of state. Reports filed by treasurers for candidates for
9999 state-wide office shall be filed electronically and only with the secretary of
100100 state. Reports filed by treasurers for candidates for local office shall be
101101 filed in the office of the county election officer of the county in which the
102102 name of the candidate is on the ballot. Except as otherwise provided by
103103 subsection (h), all such reports shall be filed in time to be received in the
104104 offices required on or before each of the following days:
105105 (1) The eighth day preceding the primary election, which report shall
106106 be for the period beginning on January 1 of the election year for the office
107107 the candidate is seeking and ending 12 days before the primary election,
108108 inclusive;
109109 (2) the eighth day preceding a general election, which report shall be
110110 for the period beginning 11 days before the primary election and ending 12
111111 days before the general election, inclusive;
112112 (3) January 10 of the year after an election year, which report shall be
113113 for the period beginning 11 days before the general election and ending on
114114 December 31, inclusive;
115115 (4) for any calendar year when no election is held, a report shall be
116116 filed on the next January 10 for the preceding calendar year;
117117 (5) a treasurer shall file only the annual report required by subsection
118118 (4) for those years when the candidate is not participating in a primary or
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162162 general election.
163163 (b) Each report required by this section shall state:
164164 (1) Cash on hand on the first day of the reporting period;
165165 (2) the name and address of each person who has made one or more
166166 contributions in an aggregate amount or value in excess of $50 during the
167167 election period together with the amount and date of such contributions,
168168 including the name and address of every lender, guarantor and endorser
169169 when a contribution is in the form of an advance or loan and, in the case
170170 of political committees that receive one or more contributions for the
171171 purpose of independent expenditures, as defined in K.S.A. 25-4148c, and
172172 amendments thereto, the aggregate amount contributed by each
173173 contributor;
174174 (3) the aggregate amount of all proceeds from bona fide sales of
175175 political materials such as, but not limited to, political campaign pins,
176176 buttons, badges, flags, emblems, hats, banners and literature;
177177 (4) the aggregate amount of contributions for which the name and
178178 address of the contributor is not known;
179179 (5) each contribution, rebate, refund or other receipt not otherwise
180180 listed;
181181 (6) the total of all receipts;
182182 (7) the name and address of each person to whom expenditures have
183183 been made in an aggregate amount or value in excess of $50, with the
184184 amount, date, and purpose of each;, the names and addresses of all persons
185185 to whom any loan or advance has been made; and when an expenditure is
186186 made by payment to an advertising agency, public relations firm or
187187 political consultants for disbursement to vendors, the report of such
188188 expenditure shall show in detail the name of each such vendor and the
189189 amount, date and purpose of the payments to each;
190190 (8) the name and address of each person from whom an in-kind
191191 contribution was received or who has paid for personal services provided
192192 without charge to or for any candidate, candidate committee, party
193193 committee or political committee, if the contribution is in excess of $100
194194 and is not otherwise reported under subsection (b)(7), and the amount, date
195195 and purpose of the contribution;
196196 (9) the aggregate of all expenditures not otherwise reported under this
197197 section; and
198198 (10) the total of expenditures.
199199 (c) In addition to the requirements of subsection (b), every treasurer
200200 for any political committee and party committee shall report the following:
201201 (1) (A) The name and address of each candidate for state or local
202202 office for whom an expenditure in the form of an in-kind contribution has
203203 been made in an aggregate amount or having a fair market value in excess
204204 of $300, with the amount, date and purpose of each. The report shall show
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248248 in detail the specific service or product provided; and
249249 (B) the name and address of each candidate for state or local office
250250 who is the subject of an expenditure which that:
251251 (i) Is made without the cooperation or consent of a candidate or
252252 candidate committee;
253253 (ii) expressly advocates the nomination, election or defeat of such
254254 candidate; and
255255 (iii) is an aggregate amount or having a fair market value in excess of
256256 $300.
257257 (2) The report shall state the amount, date and purpose of the
258258 expenditure in the form of an in-kind contribution. The report shall show
259259 in detail the specific service or product provided. The reporting
260260 requirements imposed by this subsection shall be in addition to all other
261261 requirements required by this section.
262262 (d) Treasurers of candidates and of candidate committees shall
263263 itemize the purchase of tickets or admissions to testimonial events by a
264264 person who purchases such tickets or admissions in an aggregate amount
265265 or value in excess of $50 per event, or who purchases such a ticket or
266266 admission at a cost exceeding $25 per ticket or admission. All other
267267 purchases of tickets or admissions to testimonial events shall be reported
268268 in an aggregate amount and shall not be subject to the limitations specified
269269 in K.S.A. 25-4154, and amendments thereto.
270270 (e) If a contribution or other receipt from a political committee is
271271 required to be reported under subsection (b), the report shall include the
272272 full name of the organization with which the political committee is
273273 connected or affiliated or, a description of the connection to or affiliation
274274 with such organization. If, the committee is not connected or affiliated
275275 with any one organization, the report shall state the trade, profession or
276276 primary interest of the political committee as reflected by the statement of
277277 purpose of such organization.
278278 (f) The commission may require any treasurer to file an amended
279279 report for any period for which the original report filed by such treasurer
280280 contains material errors or omissions. The notice of the errors or omissions
281281 shall be part of the public record. The amended report shall be filed within
282282 30 days after notice by the commission.
283283 (g) The commission may require any treasurer to file a report for any
284284 period for which the required report is not on file. The notice of the failure
285285 to file shall be part of the public record. Such report shall be filed within
286286 five days after notice by the commission.
287287 (h) For the purpose of any report required to be filed pursuant to
288288 subsection (a) by the treasurer of any candidate seeking nomination by
289289 convention or caucus or by the treasurer of the candidate's committee or by
290290 the treasurer of any party committee or political committee, the date of the
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334334 convention or caucus shall be considered the date of the primary election.
335335 (i) If a report is sent by certified or registered mail on or before the
336336 day it is due, the mailing shall constitute receipt by that office.
337337 (j) Any report required by this section may be signed by the candidate
338338 in lieu of the candidate's treasurer or the treasurer of the candidate's
339339 committee.
340340 Sec. 3. K.S.A. 25-4153 is hereby amended to read as follows: 25-
341341 4153. (a) The aggregate amount contributed to a candidate and such
342342 candidate's candidate committee and to all party committees and political
343343 committees and dedicated to such candidate's campaign, by any political
344344 committee or any person except a party committee, the candidate or the
345345 candidate's spouse, shall not exceed the following:
346346 (1) For the pair of offices of governor and lieutenant governor or for
347347 other state officers elected from the state as a whole, $2,000 for each
348348 primary election (or, in lieu thereof, a caucus or convention of a political
349349 party) and an equal amount for each general election.
350350 (2) For the office of member of the house of representatives, district
351351 judge, district magistrate judge, district attorney or a candidate for local
352352 office, $500 for each primary election (or, in lieu thereof, a caucus or
353353 convention of a political party) and an equal amount for each general
354354 election.
355355 (3) For the office of state senator or member of the state board of
356356 education, $1,000 for each primary election (or, in lieu thereof, a caucus or
357357 convention of a political party) and an equal amount for each general
358358 election.
359359 (b) For the purposes of this section, the face value of a loan at the end
360360 of the period of time allocable to the primary or general election is the
361361 amount subject to the limitations of this section. A loan in excess of the
362362 limits herein provided may be made during the allocable period if such
363363 loan is reduced to the permissible level, when combined with all other
364364 contributions from the person making such loan, at the end of such
365365 allocable period.
366366 (c) For the purposes of this section, all contributions made by
367367 unemancipated children under 18 years of age shall be considered to be
368368 contributions made by the parent or parents of such children. The total
369369 amount of such contribution shall be attributed to a single custodial parent
370370 and 50% of such contribution to each of two parents.
371371 (d) The aggregate amount contributed to a state party committee by a
372372 person other than a national party committee or a political committee shall
373373 not exceed $15,000 in each calendar year; and the aggregate amount
374374 contributed to any other party committee by a person other than a national
375375 party committee or a political committee shall not exceed $5,000 in each
376376 calendar year.
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420420 The aggregate amount contributed by a national party committee to a
421421 state party committee shall not exceed $25,000 in any calendar year, and
422422 the aggregate amount contributed to any other party committee by a
423423 national party committee shall not exceed $10,000 in any calendar year.
424424 The aggregate amount contributed to a party committee by a political
425425 committee shall not exceed $5,000 in any calendar year.
426426 (e) Any political funds which that have been collected and were not
427427 subject to the reporting requirements of this act shall be deemed a person
428428 subject to these contribution limitations.
429429 (f) Any political funds which that have been collected and were
430430 subject to the reporting requirements of the campaign finance act shall not
431431 be used in or for the campaign of a candidate for a federal elective office.
432432 (g) The amount contributed by each individual party committee of the
433433 same political party other than a national party committee to any candidate
434434 for office, for any primary election at which two or more candidates are
435435 seeking the nomination of such party shall not exceed the following:
436436 (1) For the pair of offices of governor and lieutenant governor and for
437437 each of the other state officers elected from the state as a whole, $2,000 for
438438 each primary election (or, in lieu thereof, a caucus or convention of a
439439 political party).
440440 (2) For the office of member of the house of representatives, district
441441 judge, district magistrate judge, district attorney or a candidate for local
442442 office, $500 for each primary election (or, in lieu thereof, a caucus or
443443 convention of a political party).
444444 (3) For the office of state senator or member of the state board of
445445 education, $1,000 for each primary election (or, in lieu thereof, a caucus or
446446 convention of a political party).
447447 (h) When a candidate for a specific cycle does not run for office, the
448448 contribution limitations of this section shall apply as though the individual
449449 had sought office.
450450 (i) No person shall make any contribution or contributions to any
451451 candidate or the candidate committee of any candidate in the form of
452452 money or currency of the United States which in the aggregate exceeds
453453 $100 for any one primary or general election, and no candidate or
454454 candidate committee of any candidate shall accept any contribution or
455455 contributions in the form of money or currency of the United States which
456456 in the aggregate exceeds $100 from any one person for any one primary or
457457 general election.
458458 (j) (1) (A) An individual shall not make contributions aggregating
459459 more than $5,000 in any calendar year to a political committee for the
460460 purpose of making independent expenditures.
461461 (B) No political committee shall make contributions aggregating
462462 more than $5,000 in any calendar year to another political committee for
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506506 the purpose of making independent expenditures.
507507 (C) No person shall make contributions aggregating more than
508508 $5,000 in any calendar year to a political committee for the purpose of
509509 making independent expenditures.
510510 (2) A political committee shall use only funds received in compliance
511511 with paragraph (1) when making independent expenditures.
512512 (3) For purposes of this subsection, "independent expenditures"
513513 means the same as defined in K.S.A. 25-4148c, and amendments thereto;
514514 Sec. 4. K.S.A. 25-4147, 25-4148 and 25-4153 are hereby repealed.
515515 Sec. 5. This act shall take effect and be in force from and after its
516516 publication in the statute book.
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