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AN ACT relating to campaign finance and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 121.015 is amended to read as follows: 3
As used in this chapter: 4
(1) "Registry" means the Kentucky Registry of Election Finance; 5
(2) "Election" means any primary, regular, or special election to fill vacancies 6
regardless of whether a candidate or slate of candidates is opposed or unopposed in 7
an election. Each primary, regular, or special election shall be considered a separate 8
election; 9
(3) "Committee" includes the following: 10
(a) "Campaign committee," which means one (1) or more persons who receive 11
contributions and make expenditures to support or oppose one (1) or more 12
specific candidates or slates of candidates for nomination or election to any 13
state, county, city, or district office, but does not include an entity established 14
solely by a candidate which is managed solely by a candidate and a campaign 15
treasurer and whose name is generic in nature, such as "Friends of (the 16
candidate)," and does not reflect that other persons have structured themselves 17
as a committee, designated officers of the committee, and assigned 18
responsibilities and duties to each officer with the purpose of managing a 19
campaign to support or oppose a candidate in an election; 20
(b) "Caucus campaign committee," which means members of one (1) of the 21
following caucus groups who receive contributions and make expenditures to 22
support or oppose one (1) or more specific candidates or slates of candidates 23
for nomination or election, or a committee: 24
1. House Democratic caucus campaign committee; 25
2. House Republican caucus campaign committee; 26
3. Senate Democratic caucus campaign committee; 27 UNOFFICIAL COPY 22 RS HB 740/EN
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4. Senate Republican caucus campaign committee; or 1
5. Subdivisions of the state executive committee of a minor political party, 2
which serve the same function as the above-named committees, as 3
determined by regulations promulgated by the registry; 4
(c) "Political issues committee," which means three (3) or more persons joining 5
together to advocate or oppose a constitutional amendment or public question 6
which appears on the ballot if that committee receives or expends money in 7
excess of one thousand dollars ($1,000); 8
(d) "Permanent committee," which means a group of individuals, including an 9
association, committee, or organization, other than a campaign committee, 10
political issues committee, inaugural committee, caucus campaign committee, 11
or party executive committee, which is established as, or intended to be, a 12
permanent organization having as a primary purpose expressly advocating the 13
election or defeat of one (1) or more clearly identified candidates, slates of 14
candidates, or political parties, which functions on a regular basis throughout 15
the year; 16
(e) An executive committee of a political party; and 17
(f) "Inaugural committee," which means one (1) or more persons who receive 18
contributions and make expenditures in support of inauguration activities for 19
any candidate or slate of candidates elected to any state, county, city, or 20
district office; 21
(4) "Contributing organization" means a group which merely contributes to candidates, 22
slates of candidates, campaign committees, caucus campaign committees, or 23
executive committees from time to time from funds derived solely from within the 24
group, and which does not solicit or receive funds from sources outside the group 25
itself. [However, ]Any contributions made by the groups in excess of one hundred 26
dollars ($100) shall be reported to the registry; 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(5) "Testimonial affair" means an affair held in honor of a person who holds or who is 1
or was a candidate for nomination or election to a political office in this state 2
designed to raise funds for any purpose not charitable, religious, or educational; 3
(6) "Contribution" means any: 4
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 5
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 6
committee, or contributing organization. As used in this subsection, "loan" 7
shall include a guarantee, endorsement, or other form of security where the 8
risk of nonpayment rests with the surety, guarantor, or endorser, as well as 9
with a committee, contributing organization, candidate, slate of candidates, or 10
other primary obligor. No person shall become liable as surety, endorser, or 11
guarantor for any sum in any one (1) election which, when combined with all 12
other contributions the individual makes to a candidate, his or her agent, a 13
slate of candidates, its agent, a committee, or a contributing organization, 14
exceeds the contribution limits provided in KRS 121.150; 15
(b) Payment by any person other than the candidate, his or her authorized 16
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 17
contributing organization, of compensation for the personal services of 18
another person which are rendered to a candidate, slate of candidates, 19
committee, or contributing organization, or for inauguration activities; 20
(c) Goods, advertising, or services with a value of more than one hundred dollars 21
($100) in the aggregate in any one (1) election which are furnished to a 22
candidate, slate of candidates, committee, or contributing organization or for 23
inauguration activities without charge, or at a rate which is less than the rate 24
normally charged for the goods or services; or 25
(d) Payment by any person other than a candidate, his or her authorized treasurer, 26
a slate of candidates, its authorized treasurer, a committee, or contributing 27 UNOFFICIAL COPY 22 RS HB 740/EN
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organization for any goods or services with a value of more than one hundred 1
dollars ($100) in the aggregate in any one (1) election which are utilized by a 2
candidate, slate of candidates, committee, or contributing organization, or for 3
inauguration activities; 4
(7) Notwithstanding the foregoing meanings of "contribution," the word shall not be 5
construed to include: 6
(a) Services provided without compensation by individuals volunteering a portion 7
or all of their time on behalf of a candidate, a slate of candidates, committee, 8
or contributing organization; 9
(b) A loan of money by any financial institution doing business in Kentucky made 10
in accordance with applicable banking laws and regulations and in the 11
ordinary course of business; or 12
(c) An independent expenditure by any individual or permanent committee; 13
(8) "Candidate" means any person who has received contributions or made 14
expenditures, has appointed a campaign treasurer, or has given his or her consent 15
for any other person to receive contributions or make expenditures with a view to 16
bringing about his or her nomination or election to public office, except federal 17
office; 18
(9) "Slate of candidates" means: 19
(a) Between the time a certificate or petition of nomination has been filed for a 20
candidate for the office of Governor under KRS 118.365 and the time the 21
candidate designates a running mate for the office of Lieutenant Governor 22
under KRS 118.126, a slate of candidates consists of the candidate for the 23
office of Governor; and 24
(b) After that candidate has designated a running mate under KRS 118.126, that 25
same slate of candidates consists of that same candidate for the office of 26
Governor and the candidate's running mate for the office of Lieutenant 27 UNOFFICIAL COPY 22 RS HB 740/EN
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Governor. Unless the context requires otherwise, any provision of law that 1
applies to a candidate shall also apply to a slate of candidates; 2
(10) "Knowingly" means, with respect to conduct or to a circumstance described by a 3
statute defining an offense, that a person is aware or should have been aware that 4
his or her conduct is of that nature or that the circumstance exists; 5
(11) "Fundraiser" means an individual who directly solicits and secures contributions on 6
behalf of a candidate or slate of candidates for a statewide-elected state office or an 7
office in a jurisdiction with a population in excess of two hundred thousand 8
(200,000) residents; 9
(12) "Independent expenditure" means the expenditure of money or other things of value 10
for a communication which expressly advocates the election or defeat of a clearly 11
identified candidate or slate of candidates, and which is made without any 12
coordination, consultation, or cooperation with any candidate, slate of candidates, 13
campaign committee, or any authorized person acting on behalf of any of them, and 14
which is not made in concert with, or at the request or suggestion of any candidate, 15
slate of candidates, campaign committee, or any authorized person acting on behalf 16
of any of them; 17
(13) "Electronic reporting" means the use of technology, having electrical, digital, 18
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 19
individual or other entity submits, compiles, or transmits campaign finance reports 20
to the registry, or by which the registry receives, stores, analyzes, or discloses the 21
reports; 22
(14) "Security procedure" means a procedure employed for the purpose of verifying that 23
an electronic signature, record, or performance is that of a specific person or for 24
detecting changes or errors in the information in an electronic record. The term 25
includes a procedure that requires the use of algorithms or other codes, identifying 26
words or numbers, encryption, or callback or other acknowledgment procedures; 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(15) "Electronic signature" means an electronic sound, symbol, or process attached to or 1
logically associated with a record and executed or adopted by a person with the 2
intent to sign the record; 3
(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 4
entity required to submit financial disclosure reports to the registry;[ and] 5
(17) "Filer-side software" means software provided to or used by the filer that enables 6
transmittal of financial reports to the registry; and 7
(18) "Form" means an online Web page or an electronic document designed to 8
capture, validate, and submit data for processing to the registry, unless the 9
context otherwise prescribes. 10
Section 2. KRS 121.160 is amended to read as follows: 11
(1) [As part of the filing papers ]Each candidate or slate of candidates shall, on a[ 12
duplicate] form prescribed and furnished by the registry, designate a campaign 13
treasurer to act as their agent at the time[ and at the office with which] they file as a 14
candidate or slate of candidates, and until this requirement is met, the candidate or 15
slate of candidates shall be listed as their own treasurer and accountable as such. 16
The candidate or slate of candidates may appoint themselves or any registered voter 17
in Kentucky as the campaign treasurer. The office with which the candidate or slate 18
of candidates is required to file shall immediately forward to the registry a[the 19
duplicate] copy of the[ completed form designating the candidate's or slate's 20
campaign treasurer and shall attach the original to the] candidate's or slate's filing 21
papers. The office with which the candidate or slate of candidates files shall 22
promptly notify the registry when a candidate withdraws. 23
(2) The duties of a campaign treasurer shall be to: 24
(a) Designate a depository bank in which the primary campaign account shall be 25
maintained and deposit all contributions in that account; 26
(b) Keep detailed and exact accounts of: 27 UNOFFICIAL COPY 22 RS HB 740/EN
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1. Contributions of any amount made by a permanent committee, by name 1
and business address of the permanent committee, the date of the 2
contribution, the amount contributed, and a description of the major 3
business, social, or political interest represented by the permanent 4
committee; and 5
2. [Contributions in excess of one hundred dollars ($100) made to a 6
candidate or slate of candidates for a statewide-elected state office, by 7
the date, name, address, occupation, and employer of each contributor 8
and the spouse of the contributor or, if the contributor or spouse of the 9
contributor is self-employed, the name under which he is doing business, 10
and the amount contributed by each contributor; and 11
3.] Contributions in excess of one hundred dollars ($100) made to any 12
candidate[ other than those specified in subparagraph 2.], by name, 13
address, age if under legal voting age, date of the contribution, amount 14
of the contribution, and the employer and occupation of each other 15
contributor. If the contributor is self-employed, the name under which he 16
is doing business shall be listed. The occupation listed for the 17
contributor shall be specific. A general classification, such as 18
"businessman", shall be insufficient; 19
(c) Make or authorize all expenditures on behalf of a candidate or slate of 20
candidates. Any expenditure in excess of twenty-five dollars ($25) shall be by 21
check and the treasurer's records shall disclose the name, address, and 22
occupation of every person or firm to whom made, and shall list the date and 23
amount of the expenditure and the treasurer shall keep a receipted bill for 24
each; 25
(d) Maintain all receipted bills and accounts required by this section for a period 26
of six (6) years from the date he files his last report under KRS 27 UNOFFICIAL COPY 22 RS HB 740/EN
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121.180(3)(b)1.; and 1
(e) Make no payment to any person not directly providing goods or services with 2
the intent to conceal payment to another. 3
(3) A candidate or slate of candidates may remove a campaign treasurer at any time. 4
(4) In case of the death, resignation, or removal of a campaign treasurer, the candidate 5
or slate of candidates shall within three (3) days after receiving notice thereof by 6
certified mail, appoint a successor and shall file his name and address with the 7
registry. The candidate, or slate shall be accountable as their own campaign 8
treasurer if they fail to meet this filing requirement. 9
(5) A person may serve as campaign treasurer for more than one (1) candidate or slate 10
of candidates, but all reports shall be made separately for each individual candidate 11
or slate. 12
(6) The candidate or slate of candidates may pay a campaign treasurer a salary for his 13
services which shall be considered a campaign expense and shall comply with the 14
reporting provisions of KRS 121.180 and administrative regulations promulgated by 15
the registry. 16
Section 3. KRS 121.180 is amended to read as follows: 17
(1) (a) Any candidate, slate of candidates, or political issues committee shall be 18
exempt from filing any campaign finance reports required by subsections (3) 19
and (4) of this section if the candidate, slate of candidates, or political issues 20
committee chair files a form prescribed and furnished by the registry stating 21
that currently no contributions have been received and that contributions will 22
not be accepted or expended in excess of three thousand dollars ($3,000) in 23
any one (1) election. A separate form shall be required for each primary, 24
regular, or special election in which the candidate or slate of candidates 25
participates or in which the public question appears on the ballot[, unless the 26
candidate, slate of candidates, or political issues committee chair indicates on 27 UNOFFICIAL COPY 22 RS HB 740/EN
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a request for exemption that the request will be applicable to more than one 1
(1) election. The form shall be filed with the same office with which a 2
candidate or slate of candidates files nomination papers or, in the case of a 3
political issues committee, with the registry]. The form shall be submitted by 4
means of electronic filing with the registry. 5
(b) For a primary, a candidate or slate of candidates shall file a request for 6
exemption not later than the deadline for filing nomination papers and, except 7
as provided in subparagraph 2. of paragraph (c) of this subsection, shall be 8
bound by its terms unless it is rescinded in writing not later than thirty (30) 9
days preceding the primary. For a regular election, a candidate or slate of 10
candidates shall file or rescind in writing a request for exemption not later 11
than sixty (60) days preceding the regular election, except as provided in 12
subparagraph 2. of paragraph (c) of this subsection. For a special election, a 13
candidate or slate of candidates shall file a request for exemption not later 14
than ten (10) days after the candidate or slate of candidates is nominated for a 15
special election and shall be bound by its terms unless it is rescinded in 16
writing not later than thirty (30) days preceding the special election. A 17
political issues committee chair shall file a request for exemption when the 18
committee registers with the registry and shall be bound by its terms unless it 19
is rescinded in writing not later than thirty (30) days preceding the date the 20
issue appears on the ballot. 21
(c) 1. A candidate or slate of candidates that revokes a request for exemption 22
in a timely manner shall file all reports required of a candidate intending 23
to raise or spend in excess of three thousand dollars ($3,000) in an 24
election. To revoke the request for an exemption, the candidate or slate 25
of candidates shall file the appropriate form with the registry not later 26
than the deadline for filing a revocation. 27 UNOFFICIAL COPY 22 RS HB 740/EN
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2. A candidate or slate of candidates that is exempted from campaign 1
finance reporting requirements pursuant to paragraph (a) of this 2
subsection but who accepts contributions or makes expenditures in 3
excess of the exempted amount in an election, shall file all applicable 4
reports required for the remainder of that election, based upon the 5
amount of contributions or expenditures the candidate or slate of 6
candidates accepts or receives in that election.[ The filing of applicable 7
required reports by a candidate or slate of candidates after the exempted 8
amount is exceeded shall serve as notice to the registry that the initial 9
exemption has been rescinded. No further notice to the registry shall be 10
required and no penalty for exceeding the initial exempted amount shall 11
be imposed against the candidate or slate of candidates, except for 12
failure to file applicable reports required after the exempted amount is 13
exceeded.] 14
(d) Any candidate or slate of candidates that is subject to a June or August filing 15
deadline and that intends to execute a request for exemption shall file the 16
appropriate request for exemption not later than the filing deadline and, except 17
as provided in subparagraph 2. of paragraph (c) of this subsection, shall be 18
bound by its terms unless it is rescinded in writing not later than sixty (60) 19
days preceding the regular election. A candidate or slate of candidates that is 20
covered by this paragraph shall have the same reversion rights as those 21
provided in subparagraph 1. of paragraph (c) of this subsection. 22
(e) Any candidate or slate of candidates that will appear on the ballot in a regular 23
election that has signed a request for exemption for that election may exercise 24
the reversion rights provided in subparagraph 1. of paragraph (c) of this 25
subsection if a candidate or slate of candidates that is subject to a June or 26
August filing deadline subsequently files in opposition to the candidate or 27 UNOFFICIAL COPY 22 RS HB 740/EN
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slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of 1
this subsection, a candidate or slate of candidates covered by this paragraph 2
shall comply with the deadline for rescission provided in subparagraph 1. of 3
paragraph (c) of this subsection. 4
(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any 5
candidate or slate of candidates that has filed a request for exemption for a 6
regular election that later is opposed by a person who has filed a declaration of 7
intent to receive write-in votes may rescind the request for exemption and 8
exercise the reversion rights provided in subparagraph 1. of paragraph (c) of 9
this subsection. 10
(g) Any candidate or slate of candidates that has filed a request for exemption 11
may petition the registry to determine whether another person is campaigning 12
as a write-in candidate prior to having filed a declaration of intent to receive 13
write-in votes, and, if the registry determines upon a preponderance of the 14
evidence that a person who may later be a write-in candidate is conducting a 15
campaign, the candidate or slate of candidates, except as provided in 16
subparagraph 2. of paragraph (c) of this subsection, may petition the registry 17
to permit the candidate or slate of candidates to exercise the reversion rights 18
provided in subparagraph 1. of paragraph (c) of this subsection. 19
(h) If the opponent of a candidate or slate of candidates is replaced due to his or 20
her withdrawal because of death, disability, or disqualification, the candidate 21
or slate of candidates, except as provided in subparagraph 2. of paragraph (c) 22
of this subsection, may exercise the reversion rights provided in subparagraph 23
1. of paragraph (c) of this subsection not later than fifteen (15) days after the 24
party executive committee nominates a replacement for the withdrawn 25
candidate or slate of candidates. 26
(i) A person intending to be a write-in candidate for any office in a regular or 27 UNOFFICIAL COPY 22 RS HB 740/EN
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special election may execute a request for exemption under paragraph (a) of 1
this subsection and shall be bound by its terms unless it is rescinded in writing 2
not later than fifteen (15) days preceding the regular or special election. A 3
person intending to be a write-in candidate who revokes a request for 4
exemption in a timely manner shall file all reports required of a candidate 5
intending to raise or spend in excess of three thousand dollars ($3,000) in an 6
election. Except as provided in subparagraph 2. of paragraph (c) of this 7
subsection, a person intending to be a write-in candidate who revokes a 8
request for exemption shall file the appropriate form with the registry. 9
(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the 10
campaign committee of any candidate or slate of candidates that has filed a 11
request for exemption or a political issues committee whose chair has filed a 12
request for exemption shall be bound by its terms unless it is rescinded in a 13
timely manner. 14
(k) 1. Except as provided in subparagraph 2. of paragraph (c) of this 15
subsection, any candidate, slate of candidates, or political issues 16
committee that is exempt from filing campaign finance reports pursuant 17
to paragraph (a), (d), or (i) of this subsection that accepts contributions 18
or makes expenditures, or whose campaign treasurer accepts 19
contributions or makes expenditures, in excess of the applicable limit in 20
any one (1) election without rescinding the request for exemption in a 21
timely manner shall comply with all applicable reporting requirements 22
and, in lieu of other penalties prescribed by law, pay a fine of not less 23
than five hundred dollars ($500). 24
2. Except as provided in subparagraph 2. of paragraph (c) of this 25
subsection, a candidate, slate of candidates, campaign committee, or 26
political issues committee that is exempt from filing campaign finance 27 UNOFFICIAL COPY 22 RS HB 740/EN
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reports pursuant to paragraph (a), (d), or (i) of this subsection that 1
knowingly accepts contributions or makes expenditures in excess of the 2
applicable spending limit in any one (1) election without rescinding the 3
request for exemption in a timely manner shall comply with all 4
applicable reporting requirements and shall be guilty of a Class D 5
felony. 6
(l) 1. Any candidate exempt from filing under this subsection for a primary 7
shall file a report described in subsection (4) of this section. 8
2. Any candidate exempt from filing under this subsection for a primary 9
who advances to the regular election shall file for an additional 10
exemption under this section for the regular election or the candidate 11
shall no longer be exempt from the filing requirements. 12
3. In the event a candidate exempt from filing under this subsection is no 13
longer eligible for the exemption, he or she shall immediately file for a 14
revocation of the exemption under paragraph (c) of this subsection. 15
(2) (a) State and county executive committees, and caucus campaign committees 16
shall make a full report, upon a prescribed form, to the registry, of all money, 17
loans, or other things of value, received from any source, and expenditures 18
authorized, incurred, or made, since the date of the last report, including: 19
1. For each contribution of any amount made by a permanent committee, 20
the name and business address of the permanent committee, the date of 21
the contribution, the amount contributed, and a description of the major 22
business, social, or political interest represented by the permanent 23
committee; 24
2. For other contributions in excess of one hundred dollars ($100), the full 25
name, address, age if less than the legal voting age, the date of the 26
contribution, the amount of the contribution, and the employer and 27 UNOFFICIAL COPY 22 RS HB 740/EN
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occupation of each contributor. If the contributor is self-employed, the 1
name under which he or she is doing business shall be listed; 2
3. The total amount of cash contributions received during the reporting 3
period; and 4
4. A complete statement of expenditures authorized, incurred, or made. 5
The complete statement of expenditures shall include the name and 6
address of each person to whom an expenditure is made in excess of 7
twenty-five dollars ($25), and the amount, date, and purpose of each 8
expenditure. 9
(b) In addition to the reporting requirements in paragraph (a) of this subsection, 10
the state executive committee of a political party that has established a 11
building fund account under KRS 121.172 shall make a full report, upon a 12
prescribed form, to the registry, of all contributions received from any source, 13
and expenditures authorized, incurred, or made, since the date of the last 14
report for the separate building fund account, including: 15
1. For each contribution of any amount made by a corporation, the name 16
and business address of the corporation, the date of the contribution, the 17
amount contributed, and a description of the major business conducted 18
by the corporation; 19
2. For other contributions in excess of one hundred dollars ($100), the full 20
name and address of the contributor, the date of the contribution, the 21
amount of the contribution, and the employer and occupation of each 22
contributor. If the contributor is self-employed, the name under which he 23
or she is doing business shall be listed; 24
3. The total amount of cash contributions received during the reporting 25
period; and 26
4. A complete statement of expenditures authorized, incurred, or made. 27 UNOFFICIAL COPY 22 RS HB 740/EN
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The complete statement of expenditures shall include the name and 1
address of each person to whom an expenditure is made in excess of 2
twenty-five dollars ($25), and the amount, date, and purpose of each 3
expenditure. 4
(c) The report required by paragraph (a) of this subsection shall be made on a 5
semiannual basis and shall be received by the registry by January 31 and by 6
July 31. The January report shall cover the period from July 1 to December 7
31. The July report shall cover the period from January 1 to June 30. If an 8
individual gives a reportable contribution to a caucus campaign committee or 9
to a state or county executive committee with the intention that the 10
contribution or a portion of the contribution go to a candidate or slate of 11
candidates, the name of the contributor and the sum shall be indicated on the 12
committee report. The report required by paragraph (b) of this subsection 13
relating to a state executive committee's building fund account shall be 14
received by the registry within two (2) business days after the close of each 15
calendar quarter. The receipts and expenditures of funds remitted to each 16
political party under KRS 141.071 to 141.073 shall be separately accounted 17
for and reported to the registry in the manner required by KRS 121.230. The 18
separate report may be made a separate section within the report required by 19
this subsection to be received by the registry by January 31. 20
(3) (a) Except for candidates or slates of candidates, campaign committees, or 21
political issues committees exempted from reporting requirements pursuant to 22
subsection (1) of this section, each campaign treasurer of a candidate, slate of 23
candidates, campaign committee, or political issues committee who accepts 24
contributions or expends, expects to accept contributions or expend, or 25
contracts to expend more than three thousand dollars ($3,000) in any one (1) 26
election, and each fundraiser who secures contributions in excess of three 27 UNOFFICIAL COPY 22 RS HB 740/EN
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thousand dollars ($3,000) in any one (1) election, shall make a full report to 1
the registry, on a form provided or using a format approved by the registry, of 2
all money, loans, or other things of value, received from any source, and 3
expenditures authorized, incurred, and made, since the date of the last report, 4
including: 5
1. For each contribution of any amount made by a permanent committee, 6
the name and business address of the permanent committee, the date of 7
the contribution, the amount contributed, and a description of the major 8
business, social, or political interest represented by the permanent 9
committee; 10
2. [For each contribution in excess of one hundred dollars ($100) made to a 11
candidate or slate of candidates for a statewide-elected state office, or to 12
a campaign committee for a candidate or slate of candidates for a 13
statewide-elected state office, the date, name, address, occupation, and 14
employer of each contributor and the spouse of the contributor or, if the 15
contributor or spouse of the contributor is self-employed, the name 16
under which he or she is doing business, and the amount contributed by 17
each contributor; 18
3.] For each contribution in excess of one hundred dollars ($100) made to 19
any candidate or campaign committee[ other than those specified in 20
subparagraph 2. of this paragraph] or a political issues committee, the 21
full name, address, age if less than the legal voting age, the date of the 22
contribution, the amount of the contribution, and the employer and 23
occupation of each other contributor. If the contributor is self-employed, 24
the name under which he or she is doing business shall be listed; 25
3.[4.] The total amount of cash contributions received during the reporting 26
period; and 27 UNOFFICIAL COPY 22 RS HB 740/EN
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4.[5.] A complete statement of all expenditures authorized, incurred, or made. 1
The complete statement of expenditures shall include the name, address, 2
and occupation of each person to whom an expenditure is made in 3
excess of twenty-five dollars ($25), and the amount, date, and purpose of 4
each expenditure. 5
(b) Reports of all candidates, slates of candidates, campaign committees, political 6
issues committees, and registered fundraisers shall be made as follows: 7
1. a. Candidates seeking statewide office[as defined in KRS 8
121.015(8)], slates of candidates, authorized campaign 9
committees for candidates seeking statewide office and for slates 10
of candidates,[Candidate-authorized and] unauthorized campaign 11
committees, political issues committees, and fundraisers which 12
register[ in the year] before the year of an election in which the 13
candidate, a slate of candidates, or public question shall appear on 14
the ballot, shall file financial reports with the registry at the end of 15
the first calendar quarter after persons become statewide 16
candidates or slates of candidates, or following registration of the 17
committee or fundraiser, and each calendar quarter thereafter, 18
ending with the last calendar quarter of that year. The provisions 19
of this subparagraph shall be retroactive to January 1, 2021[. 20
Candidates, slates of candidates, Committees, and registered 21
fundraisers shall make all reports required by this section during 22
the year in which the election takes place]; 23
b. All other candidates and candidate campaign committees shall 24
file annual financial reports to be received by the registry on or 25
before December 1 for each year that a candidate is not yet on 26
the ballot but has filed a Statement of Spending Intent and 27 UNOFFICIAL COPY 22 RS HB 740/EN
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Appointment of Campaign Treasurer with the registry for a 1
future year election; and 2
c. Candidates, slate of candidates, or committees shall make all 3
reports required by subparagraphs 2. to 5. of this paragraph 4
during the year in which the election takes place; 5
2. All candidates, slates of candidates, candidate-authorized and 6
unauthorized campaign committees, political issues committees, and 7
registered fundraisers shall make reports on the sixtieth day preceding a 8
regular election, including all previous contributions and expenditures; 9
3. All candidates, slates of candidates, candidate-authorized and 10
unauthorized campaign committees, political issues committees, and 11
registered fundraisers shall make reports on the thirtieth day preceding 12
an election, including all previous contributions and expenditures; 13
4. All candidates, slates of candidates, candidate-authorized and 14
unauthorized campaign committees, political issues committees, and 15
registered fundraisers shall make reports on the fifteenth day preceding 16
the date of the election; and 17
5. All reports to the registry shall cover campaign activity during the entire 18
reporting period and must be received by the registry within two (2) 19
business days after the date the reporting period ends to be deemed 20
timely filed. 21
(4) Except for candidates, slates of candidates, and political issues committees, 22
exempted pursuant to subsection (1)(a) of this section, all candidates, regardless of 23
funds received or expended, candidate-authorized and unauthorized campaign 24
committees, political issues committees, and registered fundraisers shall make post-25
election reports within thirty (30) days after the election. All post-election reports to 26
the registry shall cover campaign activity during the entire reporting period and 27 UNOFFICIAL COPY 22 RS HB 740/EN
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must be received by the registry within two (2) business days after the date the 1
reporting period ends to be deemed timely filed. 2
(5) In making the preceding reports, the total gross receipts from each of the following 3
categories shall be listed: proceeds from the sale of tickets for events such as 4
testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass 5
collections made at the events, and sales of items such as campaign pins, buttons, 6
hats, ties, literature, and similar materials. When any individual purchase or the 7
aggregate purchases of any item enumerated above from a candidate or slate of 8
candidates for a statewide-elected state office or a campaign committee for a 9
candidate or slate of candidates for a statewide-elected state office exceeds one 10
hundred dollars ($100), the purchaser shall be identified by name, address, age, if 11
less than the legal voting age, occupation, and employer[ and the employer of the 12
spouse of the purchaser] or, if the purchaser[ or the spouse of the purchaser] is self-13
employed, the name under which he or she is doing business, and the amount of the 14
purchase. When any individual purchase or the aggregate purchases of any item 15
enumerated above from any candidate or campaign committee other than a 16
candidate or slate of candidates for a statewide-elected state office or campaign 17
committee for a candidate or slate of candidates for a statewide-elected state office 18
exceeds one hundred dollars ($100), the purchaser shall be identified by name, 19
address, age if less than the legal voting age, occupation, and employer, or if the 20
purchaser is self-employed, the name under which he or she is doing business, and 21
the amount of the purchase. The lists shall be maintained by the campaign treasurer, 22
political issues committee treasurer, registered fundraiser, or other sponsor for 23
inspection by the registry for six (6) years following the date of the election. 24
(6) Each permanent committee, except a federally registered permanent committee, 25
inaugural committee, or contributing organization shall make a full report to the 26
registry, on a form provided or using a format approved by the registry, of all 27 UNOFFICIAL COPY 22 RS HB 740/EN
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money, loans, or other things of value, received by it from any source, and all 1
expenditures authorized, incurred, or made, since the date of the last report, 2
including: 3
(a) For each contribution of any amount made by a permanent committee, the 4
name and business address of the permanent committee, the date of the 5
contribution, the amount contributed, and a description of the major business, 6
social, or political interest represented by the permanent committee; 7
(b) For other contributions in excess of one hundred dollars ($100), the full name, 8
address, age if under the legal voting age, the date of the contribution, the 9
amount of the contribution, and the employer and occupation of each 10
contributor. If the contributor is self-employed, the name under which he or 11
she is doing business shall be listed; 12
(c) An aggregate amount of cash contributions, the amount contributed by each 13
contributor, and the date of each contribution; and 14
(d) A complete statement of all expenditures authorized, incurred, or made, 15
including independent expenditures. This report shall be made by a permanent 16
committee, inaugural committee, or contributing organization to the registry 17
on the last day of the first calendar quarter following the registration of the 18
committee with the registry and on the last day of each succeeding calendar 19
quarter until such time as the committee terminates. A contributing 20
organization shall file a report of contributions received and expenditures on a 21
form provided or using a format approved by the registry not later than the last 22
day of each calendar quarter in which contributions are received or 23
expenditures are made. All reports to the registry shall be received on or 24
before each filing deadline, and any report received by the registry within two 25
(2) business days after each filing deadline shall be deemed timely filed. 26
(7) If the final statement of a candidate, campaign committee, or political issues 27 UNOFFICIAL COPY 22 RS HB 740/EN
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committee shows an unexpended balance of contributions, continuing debts and 1
obligations, or an expenditure deficit, the campaign treasurer shall file with the 2
registry a supplemental statement of contributions and expenditures not more than 3
thirty (30) days after the deadline for filing the final statement. Subsequent 4
supplemental statements shall be filed annually, to be received by the registry by 5
December 1 of each year, until the account shows no unexpended balance, 6
continuing debts and obligations, expenditures, or deficit[, or until the year before 7
the candidate or a slate of candidates seeks to appear on the ballot for the same 8
office for which the funds in the campaign account were originally contributed, in 9
which case the candidate or a slate of candidates shall file the supplemental annual 10
report by December 1 of that year or at the end of the first calendar quarter of that 11
year after the candidate or slate of candidates files nomination papers for the next 12
year's primary or regular election]. All post-election reports to the registry shall 13
cover campaign activity during the entire reporting period and must be received by 14
the registry within two (2) business days after the date the reporting period ends to 15
be deemed timely filed. All contributions shall be subject to KRS 121.150 as of the 16
date of the election in which the candidate appeared on the ballot. 17
(8) All reports filed under the provisions of this chapter shall be a matter of public 18
record open to inspection by any member of the public immediately upon receipt of 19
the report by the registry. 20
(9) A candidate or slate of candidates is relieved of the duty personally to file reports 21
and keep records of receipts and expenditures if the candidate or slate states in 22
writing or on forms provided by the registry that: 23
(a) Within five (5) business days after personally receiving any contributions, the 24
candidate or slate of candidates shall surrender possession of the contributions 25
to the treasurer of their principal campaign committee without expending any 26
of the proceeds thereof. No contributions shall be commingled with the 27 UNOFFICIAL COPY 22 RS HB 740/EN
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candidate's or slated candidates' personal funds or accounts. Contributions 1
received by check, money order, or other written instrument shall be endorsed 2
directly to the campaign committee and shall not be cashed or redeemed by 3
the candidate; 4
(b) The candidate or slate of candidates shall not make any unreimbursed 5
expenditure for the campaign, except that this paragraph does not preclude a 6
candidate or slate from making an expenditure from personal funds to the 7
designated principal campaign committee, which shall be reported by the 8
committee as a contribution received; and 9
(c) The waiver shall continue in effect as long as the candidate or slate of 10
candidates complies with the conditions under which it was granted. 11
(10) (a) No candidate, slate of candidates, campaign committee, political issues 12
committee, or contributing organization shall use or permit the use of 13
contributions or funds solicited or received for the person or in support of or 14
opposition to a public issue which will appear on the ballot to: 15
1. Further the candidacy of the person for a different public office;[, to ] 16
2. Support or oppose a different public issue;[,] or[ to ] 17
3. Further the candidacy of any other person for public office.[; except that] 18
(b) Nothing in this subsection shall be deemed to prohibit a candidate or slate of 19
candidates from using funds in a[the] campaign account to purchase 20
admission tickets for, or contribute to, any fundraising event or testimonial 21
affair for another candidate or slate of candidates if the amount of the 22
purchase or contribution does not exceed two hundred dollars ($200) per 23
event or affair. 24
(c) Any funds or contributions solicited or received by or on behalf of a 25
candidate, slate of candidates, or any committee, which has been organized in 26
whole or in part to further any candidacy for the same person or to support or 27 UNOFFICIAL COPY 22 RS HB 740/EN
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oppose the same public issue, shall be deemed to have been solicited or 1
received for the current candidacy or for the election on the public issue if the 2
funds or contributions are solicited or received at any time prior to the regular 3
election for which the candidate, slate of candidates, or public issue is on the 4
ballot. 5
(d) Any unexpended balance of funds not otherwise obligated for the payment of 6
expenses incurred to further a political issue or the candidacy of a person 7
shall, in whole or in part, at the election of the candidate or committee:[, ] 8
1. Escheat to the State Treasury;[,] 9
2. Be returned pro rata to all contributors;[, or, ] 10
3. In the case of a partisan candidate, be transferred to: 11
a. A caucus campaign committee;[,] or[ to ] 12
b. The state or county executive committee of the political party of 13
which the candidate is a member;[ except that a candidate, 14
committee, or an official may ] 15
4. Be retained[ retain the funds] to further the same public issue or to seek 16
election to the same office; or 17
5. Be donated[may donate the funds] to any charitable, nonprofit, or 18
educational institution recognized under Section 501(c)(3) of the United 19
States Internal Revenue Code of 1986, as amended, and any successor 20
thereto. 21
(11) If adequate and appropriate agency funds are available to implement this subsection, 22
electronic reporting shall be made available by the registry to all candidates, slates 23
of candidates, committees, contributing organizations, registered fundraisers, and 24
persons making independent expenditures. The electronic report submitted to the 25
registry shall be the official campaign finance report for audit and other legal 26
purposes, whether mandated or filed by choice. 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(12) [Filers not required to file reports electronically, as set forth in this section, are 1
strongly encouraged to do so voluntarily. 2
(13) ]The date that an electronic or on-line report shall be deemed to have been filed 3
with the registry shall be the date on which it is received by the registry. 4
(13)[(14)] All electronic or online filers shall affirm, under penalty of perjury, that the 5
report filed with the registry is complete and accurate. 6
(14)[(15)] Filers who submit electronic campaign finance reports which are not readable, 7
or cannot be copied[, or are not accompanied by any requisite paper copy] shall be 8
deemed to not be in compliance with the requirements set forth in this section. 9
(15)[(16)] Beginning with the primary scheduled in calendar year 2020, and for each 10
subsequent election scheduled thereafter, reports required to be submitted to the 11
registry involving candidates, slates of candidates, committees, contributing 12
organizations, and independent expenditures shall be reported electronically. 13
(16)[(17)] (a) On each[ paper and electronic] form that the registry supplies for the 14
reports required under subsections (2), (3), and (6) of this section, the registry 15
shall include an entry reading, "No change since last report." 16
(b) If a person or entity that is required to report under subsection (2), (3), or (6) 17
of this section has received no money, loans, or other things of value from any 18
source since the date of its last report and has not authorized, incurred, or 19
made any expenditures since that date, the person or entity may check or 20
otherwise designate the entry that reads, "No change since last report." A 21
person or entity designating this entry in a report shall state the balance carried 22
forward from the last report but need not specify receipts or expenditures in 23
further detail. 24
Section 4. KRS 6.767 is amended to read as follows: 25
(1) For purposes of this section, "accept" means the date a contribution is postmarked, 26
if mailed, or the date of the hand delivery, if the contribution is hand-delivered. 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(2) A member of the General Assembly, candidate for the General Assembly, or his or 1
her campaign committee shall not accept a campaign contribution from a legislative 2
agent. Violation of this provision is ethical misconduct. 3
(3) A member of the General Assembly, candidate for the General Assembly, or his or 4
her campaign committee shall not, during a regular session of the General 5
Assembly, accept a campaign contribution from an employer of a legislative agent, 6
or from a permanent committee as defined in KRS 121.015. Violation of this 7
provision is ethical misconduct. This subsection shall not apply to: 8
(a) Candidates for the General Assembly in a special election held during a 9
regular session of the General Assembly; or 10
(b) A member of the General Assembly who is a candidate, as defined in 11
Section 1 of this Act, contemporaneously seeking election for a statewide 12
office[. Violation of this provision is ethical misconduct]. 13
(4) It shall be a complete defense under this section if the legislator, candidate, or his or 14
her campaign committee receives a campaign contribution from a legislative agent 15
or, during a regular session, from an employer or from a permanent committee, 16
which fact is unknown to the legislator, candidate, or committee at the time of 17
receipt, if the legislator, candidate, or his or her campaign committee either returns 18
the contribution within thirty (30) days of receipt, and within fourteen (14) 19
additional days makes that fact, together with the name of the contributor, amount 20
of the contribution, and the date of return or payment known, in writing to the 21
commission. It shall also be a defense if a legislator, candidate, or his or her 22
campaign committee receives a campaign contribution from a legislative agent 23
whose name does not yet appear on the list of legislative agents and their employers 24
furnished to the Legislative Research Commission if the legislator, candidate, or his 25
or her campaign committee returns the campaign contribution within thirty (30) 26
days of the Legislative Research Commission's receipt of the list bearing the name 27 UNOFFICIAL COPY 22 RS HB 740/EN
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of the legislative agent and all employers and makes the written disclosure to the 1
commission required in this subsection. The time periods shall be tolled upon the 2
filing with the commission of a request for an advisory opinion regarding the 3
campaign contribution. Upon the issuance of the opinion or decision not to render 4
an opinion, the time period shall resume. 5
Section 5. KRS 121.175 is amended to read as follows: 6
(1) No candidate, committee, or contributing organization shall permit funds in a 7
campaign account to be expended for any purpose other than for allowable 8
campaign expenditures. "Allowable campaign expenditures" means expenditures 9
including reimbursement for actual expenses, made directly and primarily in 10
support of or opposition to a candidate, constitutional amendment, or public 11
question which will appear on the ballot and includes, but is not limited to, 12
expenditures for staff salaries, gifts and meals for volunteer campaign workers, food 13
and beverages provided at a campaign rally, advertising, office space, necessary 14
travel if reported, campaign paraphernalia, purchases of advertisements in athletic 15
and scholastic publications, communications with constituents or prospective 16
voters, polling and consulting, printing, graphic arts, or advertising services, 17
postage, office supplies, stationery, newsletters, and equipment which is used 18
primarily for the administration of the campaign. "Allowable campaign 19
expenditures" does not include necessary travel unless reported, expenditures of 20
funds in a campaign account for any purpose made unlawful by other provisions of 21
the Kentucky Revised Statutes or which would bestow a private pecuniary benefit, 22
except for payment of the reasonable value of goods and services provided upon a 23
candidate, member of the candidate's family, committee, or contributing 24
organization, or any of their employees, paid or unpaid, including: tickets to an 25
event which is unrelated to a political campaign or candidacy; items of personal 26
property for distribution to prospective voters except items bearing the name, 27 UNOFFICIAL COPY 22 RS HB 740/EN
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likeness, or logo of a candidate or a campaign-related communication; expenditures 1
to promote or oppose a candidacy for a leadership position in a governmental, 2
professional, or political organization, or other entity; and equipment or appliances 3
the primary use of which is for purposes outside of the campaign. The provisions of 4
KRS 121.190 notwithstanding, a candidate shall not be required to include a 5
disclaimer on campaign stationery purchased with funds from his campaign 6
account. A member of the General Assembly may utilize funds in his or her 7
campaign account to contribute up to five thousand dollars ($5,000) per year 8
to[purchase admission tickets for political party functions and caucus campaign 9
committee functions, to purchase items with a value of not in excess of one hundred 10
dollars ($100) for donation to a political party or caucus campaign committee for 11
auctions and fundraisers, and to participate in or support other events sponsored by] 12
a political party or caucus campaign committee. A member of the General 13
Assembly may make allowable campaign expenditures in both election years and 14
nonelection years. 15
(2) By December 31, 1993, the registry shall promulgate administrative regulations to 16
implement and enforce the provisions of subsection (1). 17
(3) In lieu of the penalties provided in KRS 121.140 and 121.990 for a violation of this 18
section, the registry may, after hearing: 19
(a) For a violation which was not committed knowingly, order the violator to 20
repay the amount of campaign funds which were expended for other than 21
allowable campaign expenditures, and if not repaid within thirty (30) days, 22
may impose a fine of up to one hundred dollars ($100) for each day the 23
amount is not repaid, up to a maximum fine of one thousand dollars ($1,000); 24
and 25
(b) For a violation which was committed knowingly, in addition to referring the 26
matter for criminal prosecution, order the violator to repay the amount of 27 UNOFFICIAL COPY 22 RS HB 740/EN
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campaign funds which were expended for other than allowable campaign 1
expenditures, and if not repaid within thirty (30) days, may impose a fine of 2
up to one hundred dollars ($100) for each day the amount is not repaid, up to a 3
maximum fine of one thousand dollars ($1,000). 4
Section 6. KRS 121.120 is amended to read as follows: 5
(1) The registry may: 6
(a) Require by special or general orders, any person to submit, under oath, any 7
written reports and answers to questions as the registry may prescribe; 8
(b) Administer oaths or affirmations; 9
(c) Require by subpoena, signed by the chair, the attendance and testimony of 10
witnesses and the production of all documentary evidence, excluding 11
individual and business income tax records, relating to the execution of its 12
duties; 13
(d) In any proceeding or investigation, to order testimony to be taken by 14
deposition before any person who is designated by the registry and has the 15
power to administer oaths and, in those instances, to compel testimony and the 16
production of evidence in the same manner as authorized under paragraph (c) 17
of this subsection; 18
(e) Initiate, through civil actions for injunctive, declaratory, or other appropriate 19
relief, defend, or appeal any civil action in the name of the registry to enforce 20
the provisions of this chapter through its legal counsel; 21
(f) Render advisory opinions under KRS 121.135; 22
(g) Promulgate administrative regulations necessary to carry out the provisions of 23
this chapter; 24
(h) Conduct investigations and hearings expeditiously, to encourage voluntary 25
compliance, and report apparent campaign finance law violations to the 26
appropriate law enforcement authorities; 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(i) Petition any court of competent jurisdiction to issue an order requiring 1
compliance with an order or subpoena issued by the registry. Any failure to 2
obey the order of the court may be punished by the court as contempt; and 3
(j) Conduct random audits of receipts and expenditures of committees which 4
have filed registration papers with the registry pursuant to KRS 121.170. 5
(2) No person shall be subject to civil liability to any person other than the registry or 6
the Commonwealth for disclosing information at the request of the registry. 7
(3) The registry may appoint a full-time executive director, legal counsel, and an 8
accountant for auditing purposes, all of whom shall serve at the pleasure of the 9
registry. The registry may also appoint such other employees as are necessary to 10
carry out the purposes of this chapter. All requests for personnel appointments shall 11
be forwarded by the registry directly to the secretary of the Personnel Cabinet and 12
shall be subject to the secretary's review and certification only. 13
(4) The registry shall adopt official forms and perform other duties necessary to 14
implement the provisions of this chapter. The registry shall not require the listing of 15
a person's Social Security number on any form developed by the registry. Without 16
limiting the generality of the foregoing, the registry shall: 17
(a) Develop prescribed forms for the making of the required reports; 18
(b) Prepare and publish a manual for all candidates, slates of candidates, 19
contributing organizations, and committees, describing the requirements of the 20
law, including uniform methods of bookkeeping and reporting, requirements 21
as to reporting dates, and the length of time that candidates, slates of 22
candidates, contributing organizations, and committees are required to keep 23
any records pursuant to the provisions of this chapter; 24
(c) Develop a filing, coding, and cross-indexing system; 25
(d) Make each report filed available for public inspection and copying during 26
regular office hours at the expense of any person requesting copies of them; 27 UNOFFICIAL COPY 22 RS HB 740/EN
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(e) Preserve all reports for at least six (6) years from the date of receipt. Duly 1
certified reports shall be admissible as evidence in any court in the 2
Commonwealth; 3
(f) Prepare and make available for public inspection a summary of all reports 4
grouped according to candidates, slates of candidates, committees, 5
contributing organizations, and parties containing the total receipts and 6
expenditures; and 7
1. For each contribution made by a permanent committee of any amount to 8
a candidate or slate of candidates, the date, name, and business address 9
of the permanent committee, the amount contributed, and a description 10
of the major business, social, or political interest represented by the 11
permanent committee; and 12
2. [For each contribution in excess of one hundred dollars ($100) made to a 13
candidate or slate of candidates for a statewide-elected state office, or to 14
a campaign committee for a candidate or slate of candidates for a 15
statewide-elected state office, the date, name, address, occupation, and 16
employer of each contributor and the spouse of the contributor or, if the 17
contributor or spouse of the contributor is self-employed, the name 18
under which the contributor is doing business, and the amount 19
contributed by each contributor, listed alphabetically; and 20
3.] For each contribution in excess of one hundred dollars ($100) made to 21
any candidate or campaign committee[ other than those specified in 22
subparagraph 2.], the date, name, address, occupation, and employer of 23
each other contributor or, if the contributor is self-employed, the name 24
under which the contributor is doing business, and the amount 25
contributed by each contributor, listed alphabetically; 26
(g) Prepare and publish an annual report with cumulative compilations named in 27 UNOFFICIAL COPY 22 RS HB 740/EN
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paragraph (f) of this subsection; 1
(h) Distribute upon request, for a nominal fee, copies of all summaries and 2
reports; 3
(i) Determine whether the required reports have been filed and if so, whether they 4
conform with the requirements of this chapter; give notice to delinquents to 5
correct or explain defections; issue an order, if appropriate, as provided in 6
KRS 121.140; and make public the fact that a violation has occurred and the 7
nature thereof; 8
(j) Conduct random audits of receipts and expenditures of candidates running for 9
city, county, urban-county government, charter county government, 10
consolidated local government, unified local government, and district offices. 11
When the registry audits the records of any selected candidate, it shall also 12
audit the records of all other candidates running for the same office in the 13
selected city, county, urban-county government, charter county government, 14
consolidated local government, unified local government, or district office; 15
(k) Conduct audits of receipts and expenditures of all candidates or slates of 16
candidates running for statewide office; 17
(l) Require that candidates and slates of candidates shall maintain their records 18
for a period of six (6) years from the date of the regular election in their 19
respective political races; 20
(m) Initiate investigations and make investigations with respect to reports upon 21
complaint by any person and initiate proceedings on its own motion; and 22
(n) Forward to the Attorney General or the appropriate Commonwealth's or 23
county attorney any violations of this chapter which may become the subject 24
of civil or criminal prosecution. 25
(5) All policy and enforcement decisions concerning the regulation of campaign finance 26
shall be the ultimate responsibility of the registry. No appointed or elected state 27 UNOFFICIAL COPY 22 RS HB 740/EN
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officeholder or any other person shall, directly or indirectly, attempt to secure or 1
create privileges, exemptions, or advantages for himself, herself, or others in 2
derogation of the public interest at large in a manner that seeks to leave any registry 3
member or employee charged with the enforcement of the campaign finance laws 4
no alternative but to comply with the wishes of the officeholder or person. Registry 5
members and employees shall be free of obligation or the appearance of obligation 6
to any interest other than the fair and efficient enforcement of the campaign finance 7
laws and administrative regulations. It shall not be considered a violation of this 8
subsection for an officeholder or other person to seek remedies in a court of law to 9
any policy or enforcement decision he or she considers to be an abridgement of his 10
or her legal rights. 11
(6) If adequate and appropriate agency funds are available, the registry shall: 12
(a) Develop or acquire a system for electronic reporting for use by individuals and 13
entities required to file campaign finance reports with the registry under this 14
chapter. The registry shall promulgate administrative regulations under KRS 15
Chapter 13A which provide for a nonproprietary standardized format or 16
formats, using industry standards, for the transmission of data required under 17
this chapter; 18
(b) Accept test files from software vendors and persons wishing to file reports 19
electronically for the purpose of determining whether the file format complies 20
with the nonproprietary standardized format developed under paragraph (a) of 21
this subsection and is compatible with the registry's system for receiving the 22
data; 23
(c) Make all reports filed with the registry pertaining to candidates for the General 24
Assembly and statewide office available on the Internet free of charge, in an 25
easily understood format that allows the public to browse, search, and 26
download the data contained in the reports by each of the reporting categories 27 UNOFFICIAL COPY 22 RS HB 740/EN
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required by this chapter, including but not limited to: 1
1. The name of each candidate or committee; 2
2. The office sought by each candidate; 3
3. The name of each contributor; 4
4. The address of each contributor; 5
5. The employer or business occupation of each contributor, or if the 6
contributor is a permanent committee, a description of the major 7
business, social, or political interest represented by the permanent 8
committee; 9
6. The date of each contribution; and 10
7. The amount of each contribution; 11
(d) Make all data specified in paragraph (c) of this subsection available on the 12
Internet no later than ten (10) business days after its receipt by the registry. If a 13
contribution or expenditure report is filed late with the registry, that data shall 14
be made available on the Internet within twenty-four (24) hours of the 15
registry's receipt of the data; 16
(e) Make filer-side software available free of charge to all individuals or entities 17
subject to the reporting requirements of this chapter; 18
(f) Establish a training program on the electronic reporting program and make it 19
available free of charge to all individuals and entities subject to the reporting 20
requirements of this chapter; 21
(g) Maintain all campaign finance data pertaining to legislative and statewide 22
candidates on-line for twenty (20) years after the date the report containing the 23
data is filed, and then archive the data in a secure format; 24
(h) Require candidates and slates of candidates running for statewide office, and 25
campaign committees of candidates and slates of candidates registered to run 26
for statewide office, beginning with elections scheduled in 2015, to 27 UNOFFICIAL COPY 22 RS HB 740/EN
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electronically report all campaign finance reports that must be submitted to the 1
registry under this chapter. If any statewide candidate, slate of candidates, or 2
campaign committee of a statewide candidate or slate of candidates submits a 3
campaign finance report in a nonelectronic format for an election scheduled in 4
2015 or later, the registry shall require the statewide candidate, slate of 5
candidates, or campaign committee of the statewide candidate or slate of 6
candidates to resubmit the campaign finance report in an electronic format; 7
(i) Require all candidates, slates of candidates, committees, and contributing 8
organizations, beginning with the primary scheduled in 2020, and for each 9
subsequent election scheduled thereafter, to electronically report all campaign 10
finance reports required to be submitted to the registry under this chapter. If 11
any candidate, slate of candidates, committee, or contributing organization 12
submits a campaign finance report to the registry in a nonelectronic format for 13
an election or calendar period beginning in 2020 or later, the registry shall 14
require the candidate, slate of candidates, committee, or contributing 15
organization to resubmit the campaign finance report in an electronic format. 16
If any candidate, slate of candidates, committee, or contributing organization 17
does not submit the required campaign finance reports electronically by the 18
applicable filing deadline, the registry shall publish the candidate, slate of 19
candidates, committee, or contributing organization's name as a delinquent 20
filer until such time as the campaign finance report is properly filed in an 21
electronic format; and 22
(j) Require all independent expenditure reports to be submitted electronically 23
within forty-eight (48) hours of the date that the communication is publicly 24
distributed or otherwise publicly disseminated, beginning with the primary 25
scheduled in 2020, and for each subsequent election scheduled thereafter. 26
(7) In conjunction with the program of electronic reporting set out in subsection (6) of 27 UNOFFICIAL COPY 22 RS HB 740/EN
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HB074020.100 - 1550 - XXXX Engrossed
this section, the registry shall deem an electronic report to be filed when submitted 1
by either of the following methods: 2
(a) Online Internet transmission; or 3
(b) Hand delivery of the electronic report, saved on a current and compatible 4
computer component, and downloaded at the registry. 5
Section 7. KRS 121.220 is amended to read as follows: 6
(1) Each candidate, slate of candidates, and each committee shall, before receiving any 7
contributions or expending any money, designate one (1) primary campaign 8
depository for the purpose of depositing all contributions received and disbursing all 9
expenditures made by the candidate, slate of candidates, or committee. The 10
candidate, slate of candidates, or committee may also designate one (1) secondary 11
depository in each county in which an election is held and in which the candidate, 12
slate of candidates, or committee participates. Deputy campaign treasurers may 13
make expenditures from secondary depositories but only from moneys which first 14
have been deposited in the primary campaign depository. Only a financial 15
institution authorized to transact business in Kentucky may be designated as a 16
campaign depository. The candidate, slate of candidates, or committee shall file the 17
name and address of each primary and secondary depository so designated at the 18
same time the candidate, slate of candidates, or committee files the name of his or 19
its campaign treasurer. 20
(2) All funds received by the campaign treasurer or any deputy campaign treasurer of 21
any candidate, slate of candidates, or committee shall be deposited in a campaign 22
depository in an account designated "Campaign Fund of (name of candidate or 23
committee)." For each deposit, the campaign treasurer or deputy campaign treasurer 24
shall retain a statement showing the name and business address of the permanent 25
committee, the amount contributed, and a description of the major business, social, 26
or political interest represented by the permanent committee for each contribution of 27 UNOFFICIAL COPY 22 RS HB 740/EN
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HB074020.100 - 1550 - XXXX Engrossed
any amount made by a permanent committee, and the full name, address, employer 1
of each other contributor[ and the spouse of the contributor] or, if the contributor[ or 2
spouse of the contributor] is self-employed, the name under which he is doing 3
business, and occupation of each contributor of more than one hundred dollars 4
($100) and the amount contributed. Cash contributions shall be accompanied by the 5
same receipt form. 6
Section 8. Whereas, it is critically important to protect the integrity and 7
reliability of the electoral process in order to safeguard the fundamental right to vote, and 8
it is a reasonable legislative task to seek improvement, modernization, and transparency 9
in campaign finance and election procedures without undue delay in notice to the people 10
of the Commonwealth and its election officials tasked with administering the election 11
laws within this state, an emergency is declared to exist, and this Act takes effect upon its 12
passage and approval by the Governor or upon its otherwise becoming a law. 13