Session of 2025
SENATE BILL No. 279
By Committee on Federal and State Affairs
2-26
AN ACT concerning governmental ethics; relating to the campaign finance
act and the state governmental ethics law; establishing the enforcement
authority of the governmental ethics commission; limiting when
advisory opinions may be issued; establishing expiration dates for
commission subpoenas; modifying campaign finance reporting
requirements; limiting when attributions are required in internet
communications; eliminating the bar on elected office candidacy for
failure to pay fines imposed by the commission; amending K.S.A. 25-
4119a, 25-4119d, 25-4142, 25-4148, 25-4156, 46-214a and 46-254 and
K.S.A. 2024 Supp. 25-4143, 25-4158 and 25-4181 and repealing the
existing sections; also repealing K.S.A. 25-4119g, 25-4148a and 25-
4153b.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) If there is more than one reasonable interpretation
of any provision of the campaign finance act, such provision shall be
construed and applied to maximize the exercise of the right of freedom of
speech and of the press, the right to assemble and the right to petition the
government as guaranteed by the constitution of the United States and the
constitution of the state of Kansas.
(b) The governmental ethics commission shall have no authority to
make law or interpret the provisions of the campaign finance act through
adjudicative decisions of the commission. Any rule of law that is not stated
in the campaign finance act may be established by the commission by the
adoption of rules and regulations in accordance with K.S.A. 25-4119a, and
amendments thereto. No report, order or advisory opinion issued by the
commission on or after July 1, 2024, shall be considered precedential in
the interpretation of any provision of the campaign finance act, except for
the purposes of:
(1) Establishing a presumption of compliance for a person who
requests an advisory opinion pursuant to K.S.A. 25-4119a, and
amendments thereto, or any other applicable statute; or
(2) ensuring consistency in imposing civil fines or other penalties for
the same or similar violations.
(c) This section shall be a part of and supplemental to the campaign
finance act.
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New Sec. 2. (a) If there is more than one reasonable interpretation of
any provision of the state governmental ethics law, such provision shall be
construed and applied to maximize the exercise of the right of freedom of
speech and of the press, the right to assemble and the right to petition the
government as guaranteed by the constitution of the United States and the
constitution of the state of Kansas.
(b) The governmental ethics commission shall have no authority to
make law or interpret the provisions of the state governmental ethics law
through adjudicative decisions of the commission. Any rule of law that is
not stated in the state governmental ethics law may be established by the
commission by the adoption of rules and regulations in accordance with
K.S.A. 46-253, and amendments thereto. No report, order or advisory
opinion issued by the commission on or after July 1, 2024, shall be
considered precedential in the interpretation of any provision of the state
governmental ethics law, except for the purposes of:
(1) Establishing a presumption of compliance for a person who
requests an advisory opinion pursuant to K.S.A. 46-254, and amendments
thereto, or any other applicable statute; or
(2) ensuring consistency in imposing civil fines or other penalties for
the same or similar violations.
(c) This section shall be a part of and supplemental to the state
governmental ethics law.
Sec. 3. K.S.A. 25-4119a is hereby amended to read as follows: 25-
4119a. (a) There is hereby created the Kansas governmental ethics
commission on governmental standards and conduct.
(b) On July 1, 1998, the Kansas commission on governmental
standards and conduct is hereby redesignated as the governmental ethics
commission. On and after July 1, 1998, whenever the Kansas commission
on governmental standards and conduct, or words of like effect, is referred
to or designated by a statute, contract or other document, such reference or
designation shall be deemed to apply to the governmental ethics
commission. Nothing in this act shall be construed as abolishing and
reestablishing the Kansas commission on governmental standards and
conduct. The commission shall consist of nine members of whom two
shall be appointed by the governor, one by the president of the senate, one
by the speaker of the house of representatives, one by the minority leader
of the house of representatives, one by the minority leader of the senate,
one by the chief justice of the supreme court, one by the attorney general
and one by the secretary of state. Nothing in this act shall be construed as
affecting the terms of members serving on July 1, 1998. Not more than
five members of the commission shall be members of the same political
party and the two members appointed by the governor shall not be
members of the same political party.
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(c) The terms of all subsequently appointed members shall be two
years commencing on February 1 of the appropriate years. Vacancies
occurring on the commission shall be filled for the unexpired term by the
same appointing officer as made the original appointment. Members shall
serve until their successors are appointed and qualified. The governor shall
designate one of the members appointed by the governor to be the
chairperson of the commission. A majority vote of five members of the
commission shall be required for any action of the commission. The
commission may adopt rules to govern its proceedings and may provide
for such officers other than the chairperson as it may determine. The
commission shall meet at least once each quarter, and also shall meet on
call of its chairperson or any four members of the commission. Members
of the commission attending meetings of such commission, or attending a
subcommittee meeting thereof authorized by such commission, shall be
paid compensation, subsistence allowances, mileage and other expenses as
provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
amendments thereto. The commission shall appoint an executive director
who shall be in the unclassified service and receive compensation fixed by
the commission, in accordance with appropriation acts of the legislature,
subject to approval by the governor. The commission may employ such
other staff and attorneys as it determines, within amounts appropriated to
the commission, all of whom shall be in the unclassified service and shall
receive compensation fixed by the commission and not subject to approval
by the governor.
(d) The commission may adopt rules and regulations for the
administration of the campaign finance act. Subject to K.S.A. 25-4178,
and amendments thereto, rules and regulations adopted by the commission
created prior to this act shall continue in force and effect and shall be
deemed to be the rules and regulations of the commission created by this
section of this enactment, until revised, amended, repealed or nullified
pursuant to law. All rules and regulations of the commission shall be
subject to the provisions of article 4 of chapter 77 of Kansas Statutes
Annotated. The commission shall continue to administer all of the acts
administered by the commission to which it is successor.
(e) The commission shall issue an advisory opinion upon the request
of any person to which this act applies on questions concerning the
interpretation of provisions of the campaign finance act. Such advisory
opinions shall be issued in writing and only upon the receipt of such
request. Any person who acts in accordance with the provisions of any
such advisory opinion shall be presumed to have complied with the
provisions of the campaign finance act.
(f) The commission may provide copies of opinions, informational
materials compiled and published by the commission and public records
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filed in the office of the commission to persons requesting the same and
may adopt rules and regulations fixing reasonable fees therefor. All fees
collected by the commission under the provisions of this subsection shall
be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the governmental ethics commission fee fund.
(f)(g) The commission shall submit an annual report and
recommendations in relation to all acts administered by the commission to
the governor and to the legislative coordinating council on or before
December 1 of each year. The legislative coordinating council shall
transmit such report and recommendations to the legislature.
(g) Whenever the Kansas commission on governmental standards and
conduct, or words of like effect, is referred to or designated by a statute,
contract or other document, such reference or designation shall be deemed
to apply to the governmental ethics commission.
Sec. 4. K.S.A. 25-4119d is hereby amended to read as follows: 25-
4119d. (a) From and after the effective date of this act, no person shall be
appointed to membership on the commission who has held the office of
chairperson, vice chairperson or treasurer of any county, district or state
political party committee, or who within five years preceding the date of
such appointment has been a candidate for or the holder of any partisan
political office or who has within three years preceding the date of such
appointment: (1) Held an elective state office; (2) held the office of
secretary of any department of state government; (3) been a lobbyist as
defined by K.S.A. 46-222, and amendments thereto; (4) been an officer or
employee who directly participated in the making of a contract on behalf
of a vendor of goods and services with the state of Kansas or any agency
thereof; or (5) provided services under contract to the state of Kansas or
any agency thereof.
(b) While serving on the commission created by K.S.A. 25-4119a,
and amendments thereto, no member shall:
(1) Be an individual subject to the provisions of the campaign finance
law or the provisions of K.S.A. 46-215 et seq., and amendments thereto,
administered or enforced by the commission;
(2) Serve as a chairperson or treasurer for any candidate or committee
subject to the provisions of the campaign finance act;
(3)(2) actively solicit contributions subject to the provisions of the
campaign finance act;
(4)(3) be a lobbyist as defined by K.S.A. 46-222, and amendments
thereto;
(5)(4) be an officer or employee who directly participated in the
making of a contract on behalf of a vendor of goods and services with the
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state of Kansas or any agency thereof;
(6)(5) provide services under contract to the state of Kansas or any
agency thereof;
(7)(6) be a candidate for or the holder of any partisan political office;
(8)(7) be the chairperson, vice chairperson or treasurer of any county,
district or state political party committee;
(9)(8) directly or indirectly solicit contributions for any partisan
political party or any organization thereof or any candidate for partisan
political office; or
(10)(9) endorse any candidate for any partisan political office subject
to the provisions of this act.
(c)(b) Whenever any member of the commission is ineligible to serve
as a member thereof under the provisions of subsections subsection (a) and
(b) of this section, the membership of such person shall terminate and such
person shall no longer be eligible to participate in any action or proceeding
by the commission. Such vacancy shall be filled in the manner prescribed
by K.S.A. 25-4119a, and amendments thereto.
(c) For purposes of this section:
(1) "Partisan political office" means any office for which any
candidate is nominated or elected as representing a party of whose
candidates for presidential elector received votes in the last preceding
election at which presidential electors were selected.
(2) "Partisan political office" does not include any office or position
within a political party or affiliated organization, including, but not
limited to, precinct, county, congressional district or state party committee
members.
Sec. 5. K.S.A. 25-4142 is hereby amended to read as follows: 25-
4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 through 25-4187
and K.S.A. 25-4153b 25-4119a through 25-4189, and amendments
thereto, and section 1, and amendments thereto, shall be known and may
be cited as the campaign finance act.
Sec. 6. K.S.A. 2024 Supp. 25-4143 is hereby amended to read as
follows: 25-4143. As used in the campaign finance act, unless the context
otherwise requires:
(a) "Agent" means an individual who is:
(1) A candidate;
(2) a chairperson of a candidate, political or party committee;
(3) a treasurer; or
(4) any director, officer, employee, paid consultant or other person
who is authorized to act on behalf of persons listed in this subsection.
(b) "Candidate" means an individual who:
(1) Appoints a treasurer or a candidate committee;
(2) makes a public announcement of intention to seek nomination or
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election to state or local office;
(3) makes any expenditure or accepts any contribution for such
person's nomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or
local office.
(c) "Candidate committee" means a committee appointed by a
candidate to receive contributions and make expenditures for the
candidate.
(d) "Clearly identified candidate" means a candidate who has been
identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the name,
photograph or drawing of such candidate is used.
(e) "Commission" means the governmental ethics commission.
(f) (1) "Contribution" means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or
payment of money or any other thing of value given to a candidate,
candidate committee, party committee or political committee for the
express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office;
(B) any advance, conveyance, deposit, distribution, gift, loan or
payment of money or any other thing of value made to expressly advocate
the nomination, election or defeat of a clearly identified candidate for a
state or local office;
(C) a transfer of funds between any two or more candidate
committees, party committees or political committees;
(D) the payment, by any person other than a candidate, candidate
committee, party committee or political committee, of compensation to an
individual for the personal services rendered without charge to or for a
candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in
journals or programs for, testimonial events; or
(F) a mailing of materials designed to expressly advocate the
nomination, election or defeat of a clearly identified candidate, which is
made and paid for by a party committee with the consent of such
candidate.
(2) "Contribution" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer related to the rendering of volunteer services
not exceeding a fair market value of $50 during an allocable election
period as provided in K.S.A. 25-4149, and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals,
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lodging and travel by personal automobile of the candidate or candidate's
spouse while campaigning; or
(D) the value of goods donated to events such as testimonial events,
bake sales, garage sales and auctions by any person not exceeding a fair
market value of $50 per event.
(g) "Election" means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a
candidate for state or local office.
(h) (1) "Expenditure" means:
(A) Any purchase, payment, distribution, loan, advance, deposit or
gift of money or any other thing of value made by a candidate, candidate
committee, party committee or political committee for the express purpose
of nominating, electing or defeating a clearly identified candidate for a
state or local office;
(B) any purchase, payment, distribution, loan, advance, deposit or gift
of money or any other thing of value made to expressly advocate the
nomination, election or defeat of a clearly identified candidate for a state
or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate
committees, party committees or political committees; or
(E) payment of a candidate's filing fees.
(2) "Expenditure" does not include:
(A) The value of volunteer services provided without compensation;
(B) costs to a volunteer incidental to the rendering of volunteer
services not exceeding a fair market value of $50 during an allocable
election period as provided in K.S.A. 25-4149, and amendments thereto;
(C) payment by a candidate or candidate's spouse for personal meals,
lodging and travel by personal automobile of the candidate or candidate's
spouse while campaigning or payment of such costs by the treasurer of a
candidate or candidate committee;
(D) the value of goods donated to events such as testimonial events,
bake sales, garage sales and auctions by any person not exceeding fair
market value of $50 per event; or
(E) any communication by an incumbent elected state or local officer
with one or more individuals unless the primary purpose thereof is to
expressly advocate the nomination, election or defeat of a clearly
identified candidate;
(F) any news story, commentary or editorial distributed through the
facilities of any broadcasting station, newspaper, magazine or other
periodical publication, unless such facilities are owned or controlled by
any political party, political committee or candidate; or
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(G) any internet communications, except for moneys paid for express
advocacy communications placed or promoted for a fee on another
person's website, digital device, application or advertising platform. A
communication is promoted for a fee when moneys are paid to a website,
digital device, application or advertising platform for increased
circulation, prominence or availability of such communication on such
website, digital device, application or advertising platform.
(i) "Expressly advocate the nomination, election or defeat of a clearly
identified candidate" means any communication that uses phrases
including, but not limited to:
(1) "Vote for the secretary of state";
(2) "re-elect your senator";
(3) "support the democratic nominee";
(4) "cast your ballot for the republican challenger for governor";
(5) "Smith for senate";
(6) "Bob Jones in '98";
(7) "vote against Old Hickory";
(8) "defeat" accompanied by a picture of one or more candidates; or
(9) "Smith's the one."
(j) "Party committee" means:
(1) The state committee of a political party regulated by article 3 of
chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(2) the county central committee or the state committee of a political
party regulated under article 38 of chapter 25 of the Kansas Statutes
Annotated, and amendments thereto;
(3) the bona fide national organization or committee of those political
parties regulated by the Kansas Statutes Annotated;
(4) the political committee established by the state committee of any
such political party and designated as a recognized political committee for
the senate;
(5) the political committee established by the state committee of any
such political party and designated as a recognized political committee for
the house of representatives; or
(6) the political committee per congressional district established by
the state committee of a political party regulated under article 38 of
chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and
designated as a congressional district party committee.
(k) "Person" means any individual, committee, corporation,
partnership, trust, organization or association.
(l) (1) "Political committee" means 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
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to or expenditures for the nomination, election or defeat of a clearly
identified candidate for state or local office.
(2) "Political committee" shall not include a candidate committee or a
party committee.
(m) "Receipt" means a contribution or any other money or thing of
value, but not including volunteer services provided without
compensation, received by a treasurer in the treasurer's official capacity.
(n) "State office" means any state office as defined in K.S.A. 25-
2505, and amendments thereto.
(o) "Testimonial event" means an event held for the benefit of an
individual who is a candidate to raise contributions for such candidate's
campaign. "Testimonial events" includes, but are not limited to, dinners,
luncheons, rallies, barbecues and picnics.
(p) "Treasurer" means a treasurer of a candidate or of a candidate
committee, a party committee or a political committee appointed under the
campaign finance act or a treasurer of a combination of individuals or a
person other than an individual which is subject to K.S.A. 25-4172(a)(2),
and amendments thereto.
(q) "Local office" means a member of the governing body of a city of
the first class, any elected office of a unified school district having 35,000
or more pupils regularly enrolled in the preceding school year, a county or
of the board of public utilities.
Sec. 7. K.S.A. 25-4148 is hereby amended to read as follows: 25-
4148. (a) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than
officers elected on a state-wide basis, shall be filed in both with the office
of the secretary of state. Reports filed by treasurers for candidates for
state-wide office shall be filed electronically and only with the secretary of
state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which the
name of the candidate is on the ballot. Except as otherwise provided by
subsection (h), all such reports shall be filed in time to be received in the
offices required on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall
be for the period beginning on January 1 of the election year for the office
the candidate is seeking and ending 12 days before the primary election,
inclusive;
(2) the eighth day preceding a general election, which report shall be
for the period beginning 11 days before the primary election and ending 12
days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall be
for the period beginning 11 days before the general election and ending on
December 31, inclusive;
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(4) for any calendar year when no election is held, a report shall be
filed on the next January 10 for the preceding calendar year;
(5) a treasurer shall file only the annual report required by subsection
(4) for those years when the candidate is not participating in a primary or
general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or more
contributions in an aggregate amount or value in excess of $50 $150
during the election period together with the amount and date of such
contributions, including the name and address of every lender, guarantor
and endorser when a contribution is in the form of an advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of
political materials such as, but not limited to, political campaign pins,
buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and
address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise
listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures have
been made in an aggregate amount or value in excess of $50 $150, with
the amount, date, and purpose of each; the names and addresses of all
persons to whom any loan or advance has been made; when an
expenditure is made by payment to an advertising agency, public relations
firm or political consultants for disbursement to vendors, the report of such
expenditure shall show in detail the name of each such vendor and the
amount, date and purpose of the payments to each;
(8) the name and address of each person from whom an in-kind
contribution was received or who has paid for personal services provided
without charge to or for any candidate, candidate committee, party
committee or political committee, if the contribution is in excess of $100
and is not otherwise reported under subsection (b)(7), and the amount, date
and purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this
section; and
(10) the total of expenditures.
(c) In addition to the requirements of subsection (b), every treasurer
for any political committee and party committee shall report the following:
(1) (A) The name and address of each candidate for state or local
office for whom an expenditure in the form of an in-kind contribution has
been made in an aggregate amount or having a fair market value in excess
of $300, with the amount, date and purpose of each. The report shall show
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in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office
who is the subject of an expenditure which:
(i) Is made without the cooperation or consent of a candidate or
candidate committee;
(ii) expressly advocates the nomination, election or defeat of such
candidate; and
(iii) is an aggregate amount or having a fair market value in excess of
$300.
(2) The report shall state the amount, date and purpose of the
expenditure in the form of an in-kind contribution. The report shall show
in detail the specific service or product provided. The reporting
requirements imposed by this subsection shall be in addition to all other
requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall
itemize the purchase of tickets or admissions to testimonial events by a
person who purchases such tickets or admissions in an aggregate amount
or value in excess of $50 $150 per event, or who purchases such a ticket or
admission at a cost exceeding $25 per ticket or admission. All other
purchases of tickets or admissions to testimonial events shall be reported
in an aggregate amount and shall not be subject to the limitations specified
in K.S.A. 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is
connected or affiliated or, a description of the connection to or affiliation
with such organization. If, the committee is not connected or affiliated
with any one organization, the report shall state the trade, profession or
primary interest of the political committee as reflected by the statement of
purpose of such organization.
(f) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such treasurer
contains material errors or omissions. The notice of the errors or omissions
shall be part of the public record. The amended report shall be filed within
30 days after notice by the commission.
(g) The commission may require any treasurer to file a report for any
period for which the required report is not on file. The notice of the failure
to file shall be part of the public record. Such report shall be filed within
five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate's committee or by
the treasurer of any party committee or political committee, the date of the
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convention or caucus shall be considered the date of the primary election.
(i) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.
(j) Any report required by this section may be signed by the candidate
in lieu of the candidate's treasurer or the treasurer of the candidate's
committee.
Sec. 8. 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
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) (i) 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
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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.
(ii) 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) (i) 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.
(ii) 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 paid internet communication that is made by the candidate, the
candidate's candidate committee, a political committee or a party
committee and the such website, email or other internet communication is
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 mean the same as defined in K.S.A. 25-4143, and amendments
thereto.
(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
the publication of any paid 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 is a class C
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. 9. K.S.A. 2024 Supp. 25-4158 is hereby amended to read as
follows: 25-4158. (a) The secretary of state shall:
(1) Furnish forms prescribed and provided by the commission for
making reports and statements required to be filed in the office of the
secretary of state by the campaign finance act; and
(2) make such reports and statements available for public inspection
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and copying during regular office hours.
(b) The county election officer shall:
(1) Furnish forms prescribed and provided by the commission for
making reports and statements required to be filed in the office of the
county election officer by the campaign finance act; and
(2) make such reports and statements available for public inspection
and copying during regular office hours.
(c) The commission may investigate, or cause to be investigated, any
matter required to be reported upon by any person under the provisions of
the campaign finance act, or any matter to which the campaign finance act
applies irrespective of whether a complaint has been filed in relation
thereto.
(d) (1) After a preliminary investigation of any matter reported to the
commission pursuant to subsection (c), and upon specific written findings
of fact and conclusions of law by the commission that there is a reasonable
suspicion that a violation of the campaign finance act has occurred, the
commission or any officer designated by the commission may apply to the
district court of Shawnee county for an order to administer oaths and
affirmations, subpoena witnesses, compel their attendance, take evidence,
and require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records which the
commission deems relevant or material to the investigation. All
applications for a court order shall be made under seal of the court. The
commission shall reimburse the reasonable costs of production of
documents subject to subpoena. All subpoenas and subpoenas duces tecum
issued under this section shall be authorized by the affirmative vote of not
less than
2
/3 of the members of the commission. Subpoenas duces tecum
shall be limited to items reasonably relevant to such alleged violations. No
subpoena or other process issued by the commission pursuant to this
section shall be served upon any person unless an application has been
filed in the district court of Shawnee county pursuant to this section.
(2) Upon application by the commission or any officer designated by
the commission for a court order pursuant to paragraph (1), the district
court of Shawnee county, after review of the sufficiency of the written
findings of fact and conclusions of law, the record before the commission
and the reasonableness and scope of the subpoena, shall issue to that
person an order requiring the person to appear before the commission or
any officer designated by the commission, there to produce documentary
evidence if so ordered or to give evidence touching the matter under
investigation or in question. Any failure to obey the order of the court may
be punished by the court as a contempt of court. Upon the filing of an
application for a court order pursuant to paragraph (1), the commission
shall provide a copy of the written findings of fact and conclusions of law
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relating to the alleged violation and persons under investigation along with
a copy of the issued subpoena and notices required by paragraph (5) to the
recipient of the subpoena.
(3) The commission shall take reasonable steps to avoid imposing an
undue burden or expense on a person subject to the subpoena. Any person
subject to a subpoena shall be informed that such person may apply to the
district court for relief on the basis that responding to the subpoena will
cause an undue burden or expense. The district court on review of any
such application for relief, may impose an appropriate sanction on the
commission including an order requiring the commission to reimburse the
person for lost earnings and attorney fees.
(4) Any person subpoenaed to testify or produce documents under
this section shall be informed that the person has a right to be advised by
counsel and that the person may not be required to make any self-
incriminating statements. Upon a request by such person for counsel, no
further examination of the witness shall take place until counsel is present.
In the event that counsel of the witness' choice is not available, the person
shall be required to obtain other counsel within three days in order that the
examination may proceed. If such person is indigent and unable to obtain
the services of counsel, the judge shall appoint counsel to assist the person
who shall be compensated as counsel appointed for indigent defendants in
the district court. Counsel for any witness shall be present while the
witness is testifying and may interpose objections on behalf of the witness.
Counsel shall not be permitted to examine or cross-examine the client or
any other witness during the examination.
(5) Every subpoena issued by the commission pursuant to paragraph
(l) shall be accompanied by a notice containing the information required to
be provided under paragraphs (3) and (4) and the following statement:
"This subpoena is not enforceable unless a district court of competent
jurisdiction issues an order to enforce the subpoena. The recipient of this
subpoena has rights under law including those listed in K.S.A. 25-4158(d)
(3), and amendments thereto, and other laws to seek relief from complying
with this subpoena, as well as a right to be represented by counsel in this
matter pursuant to K.S.A. 25-4158(d)(4), and amendments thereto."
(e) Any subpoena or subpoena duces tecum issued pursuant to this
section shall expire and be invalid six months from the date of issuance
unless an order to enforce such subpoena is issued by the Shawnee county
district court prior to the date of expiration. Any subpoena or subpoena
duces tecum issued by the commission prior to July 1, 2025, is hereby
declared invalid by law.
Sec. 10. K.S.A. 2024 Supp. 25-4181 is hereby amended to read as
follows: 25-4181. (a) The commission, in addition to any other penalty
prescribed under the campaign finance act, may assess a civil fine, after
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proper notice and an opportunity to be heard, against any person for a
violation of the campaign finance act in an amount not to exceed $5,000
for the first violation, $10,000 for the second violation and $15,000 for the
third violation and for each subsequent violation. Except as otherwise
provided, the fine imposed by the commission in any one matter shall not
exceed an amount that is triple the applicable fine for a single violation in
such matter. In the event the respondent derived pecuniary gain from the
specific violations, then, in lieu of the above fine amounts, the fine
imposed may be fixed at an amount greater than that provided in this
section, but in no event shall such amount exceed double the pecuniary
gain derived from the violation by the respondent. Nothing in this section
shall prevent the imposition of a separate fine by a court in a criminal
proceeding. Whenever any civil fine or penalty is proposed to be assessed
against the treasurer of any candidate who is not also the candidate, such
notice shall be given to both the treasurer and the candidate prior to the
assessment of such fine or penalty. All fines assessed and collected under
this section shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the state general fund.
(b) No individual who has failed to pay any civil penalty or civil fine
assessed, or failed to file any report required to be filed under the
campaign finance act, unless such penalty or fine has been waived or is
under appeal, shall be eligible to become a candidate for state office or
local office until such penalty or fine has been paid or such report has been
filed or both such penalty or fine has been paid and such report filed.
(c) The commission shall not order community service or any other
specific performance in lieu of a civil fine as part of a consent decree or
final order. Nothing in this section shall prohibit the commission from
requiring training regarding or compliance with any provision of this act as
part of a consent decree or final order.
(d)(c) The commission shall not enter into any agreement with any
person that legally binds the commission from enforcing any law against
that person in exchange for the person's cooperation with or assistance of
the commission in any matter unless such person has received immunity
from criminal prosecution in the same matter from a county or district
attorney or the attorney general pursuant to K.S.A. 22-3415, and
amendments thereto.
Sec. 11. K.S.A. 46-214a is hereby amended to read as follows: 46-
214a. K.S.A. 46-215 through 46-293 and K.S.A. 46-237a, and
amendments thereto, and section 2, and amendments thereto, shall be
known and may be cited as the state governmental ethics law.
Sec. 12. K.S.A. 46-254 is hereby amended to read as follows: 46-254.
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The commission upon its own initiative may, and shall issue an advisory
opinion upon the request of any individual person to which this act applies
shall, render an opinion in writing on questions concerning the
interpretation of provisions of this act. Such advisory opinions shall be
issued in writing and only upon the receipt of such request. Any person
who acts in accordance with the provisions of such an opinion, shall be
presumed to have complied with the provisions of this act. A copy of every
opinion rendered by the commission shall be filed with the secretary of
state, and any opinion so filed shall be open to public inspection. The
secretary of state shall publish all opinions rendered under this section
monthly and each such publication shall be cumulative. Copies of each
opinion shall be filed with the secretary of the senate and the chief clerk of
the house on the same date as the same are filed with the secretary of state.
The secretary of state shall cause adequate copies of all filings under this
section to be supplied to the state library.
Sec. 13. K.S.A. 25-4119a, 25-4119d, 25-4119g, 25-4142, 25-4148,
25-4148a, 25-4153b, 25-4156, 46-214a and 46-254 and K.S.A. 2024 Supp.
25-4143, 25-4158 and 25-4181 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its
publication in the statute book.
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