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AN ACT relating to campaign finance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 121.150 is amended to read as follows: 3
(1) No contribution shall be made or received, directly or indirectly, other than an 4
independent expenditure, to support inauguration activities or to support or defeat a 5
candidate, slate of candidates, constitutional amendment, or public question which 6
will appear on the ballot in an election, except through the duly appointed campaign 7
manager, or campaign treasurer of the candidate, slate of candidates, or registered 8
committee. Any person making an independent expenditure, shall report these 9
expenditures when the expenditures by that person exceed five hundred dollars 10
($500) in the aggregate in any one (1) election, on a form provided or using a 11
format approved by the registry and shall sign a statement on the form, under 12
penalty of perjury, that the expenditure was an actual independent expenditure and 13
that there was no prior communication with the campaign on whose behalf it was 14
made. 15
(2) Except as provided in KRS 121.180(10), the solicitation from and contributions by 16
campaign committees, caucus campaign committees, political issues committees, 17
permanent committees, and party executive committees to any religious, charitable, 18
civic, eleemosynary, or other causes or organizations established primarily for the 19
public good is expressly prohibited; except that it shall not be construed as a 20
violation of this section for a candidate or a slate of candidates to contribute to 21
religious, civic, or charitable groups. 22
(3) No candidate, slate of candidates, committee, or contributing organization, nor 23
anyone acting on their behalf, shall accept any anonymous contribution in excess of 24
two hundred dollars ($200)[one hundred dollars ($100)], and all anonymous 25
contributions in excess of two hundred dollars ($200)[one hundred dollars ($100)] 26
shall be returned to the donor, if the donor can be determined. If no donor is found, 27 UNOFFICIAL COPY 24 RS BR 2018
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the contribution shall escheat to the state. No candidate, slate of candidates, 1
committee, or contributing organization, nor anyone acting on their behalf shall 2
accept anonymous contributions in excess of two thousand dollars ($2,000) in the 3
aggregate in any one (1) election. Anonymous contributions in excess of two 4
thousand dollars ($2,000) in the aggregate which are received in any one (1) 5
election shall escheat to the state. 6
(4) No candidate, slate of candidates, committee, or contributing organization, nor 7
anyone on their behalf, shall accept a cash contribution in excess of two hundred 8
dollars ($200)[one hundred dollars ($100)] in the aggregate from each contributor 9
in any one (1) election. No candidate, slate of candidates, committee, or 10
contributing organization, nor anyone on their behalf, shall accept a cashier's check 11
or money order in excess of the maximum cash contribution limit unless the 12
instrument clearly identifies both the payor and the payee. A contribution made by 13
cashier's check or money order which identifies both the payor and payee shall be 14
treated as a contribution made by check for purposes of the contribution limits 15
contained in this section. No person shall make a cash contribution in excess of two 16
hundred dollars ($200)[one hundred dollars ($100)] in the aggregate in any one (1) 17
election to a candidate, slate of candidates, committee, or contributing organization, 18
nor anyone on their behalf. 19
(5) No candidate, slate of candidates, committee, contributing organization, nor anyone 20
on their behalf, shall accept any contribution in excess of two hundred dollars 21
($200)[one hundred dollars ($100)] from any person who shall not become eighteen 22
(18) years of age on or before the day of the next general election. 23
(6) [Except as provided in subsection (22) of this section, no candidate, slate of 24
candidates, campaign committee, nor anyone acting on their behalf, shall accept a 25
contribution of more than two thousand dollars ($2,000) as indexed for inflation 26
every odd-numbered year using the preceding year's percent increase in the non-27 UNOFFICIAL COPY 24 RS BR 2018
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seasonally adjusted annual average Consumer Price Index for all Urban Consumers 1
(CPI-U), U.S. City Average, All Items, for that year as published by the United 2
States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from 3
any person, permanent committee, or contributing organization in any one (1) 4
election. No person, permanent committee, or contributing organization shall 5
contribute more than two thousand dollars ($2,000) as indexed for inflation every 6
odd-numbered year using the preceding year's percent increase in the non-7
seasonally adjusted annual average Consumer Price Index for all Urban Consumers 8
(CPI-U), U.S. City Average, All Items, as published by the United States Bureau of 9
Labor Statistics and rounded to the nearest hundred dollars, to any one (1) 10
candidate, campaign committee, nor anyone acting on their behalf, in any one (1) 11
election. 12
(7) Permanent committees or contributing organizations affiliated by bylaw structure or 13
by registration, as determined by the Registry of Election Finance, shall be 14
considered as one (1) committee for purposes of applying the contribution limits of 15
subsection (6) of this section. 16
(8) No permanent committee shall contribute funds to another permanent committee for 17
the purpose of circumventing contribution limits of subsection (6) of this section. 18
(9) No person shall contribute funds to a permanent committee, political issues 19
committee, or contributing organization for the purpose of circumventing the 20
contribution limits of subsection (6) of this section. 21
(10) No person shall contribute more than two thousand dollars ($2,000)as indexed for 22
inflation every odd-numbered year using the preceding year's percent increase in 23
the non-seasonally adjusted annual average Consumer Price Index for all Urban 24
Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the 25
United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, 26
to a permanent committee or contributing organization in any one (1) year. 27 UNOFFICIAL COPY 24 RS BR 2018
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(11) (a) No person shall contribute more than five thousand dollars ($5,000) to the 1
state executive committee of a political party in any one (1) year. The contribution 2
limit in this paragraph shall not apply to a contribution designated exclusively for a 3
state executive committee's building fund account established under KRS 121.172. 4
(b) No person shall contribute more than five thousand dollars ($5,000) to a 5
subdivision or affiliate of a state political party in any one (1) year. 6
(c) No person shall contribute more than five thousand dollars ($5,000) to a 7
caucus campaign committee in any one (1) year. 8
(12) ]No person shall make a payment, distribution, loan, advance, deposit, or gift of 9
money to another person to contribute to a candidate, a slate of candidates, 10
committee, contributing organization, or anyone on their behalf. No candidate, slate 11
of candidates, committee, contributing organization, nor anyone on their behalf 12
shall accept a contribution made by one (1) person who has received a payment, 13
distribution, loan, advance, deposit, or gift of money from another person to 14
contribute to a candidate, a slate of candidates, committee, contributing 15
organization, or anyone on their behalf. 16
(7)[(13)] Subject to the provisions of subsection (10)[(17)] of this section, no candidate 17
or slate of candidates for nomination to any state, county, city, or district office, nor 18
their campaign committees, nor anyone on their behalf, shall solicit or accept 19
contributions for primary election expenses after the date of the primary. No person 20
other than the candidate or slate of candidates shall contribute for primary election 21
expenses after the date of the primary. 22
(8)[(14)] Subject to the provisions of subsection (10)[(17)] of this section, no candidate 23
or slate of candidates for any state, county, city, or district office at a regular 24
election, nor their campaign committees, nor anyone on their behalf, shall solicit or 25
accept contributions for regular election expenses after the date of the regular 26
election. No person other than the candidate or slate of candidates shall contribute 27 UNOFFICIAL COPY 24 RS BR 2018
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for regular election expenses after the date of the regular election. 1
(9)[(15)] Subject to the provisions of subsection (10)[(17)] of this section, no candidate 2
or slate of candidates for nomination or election to any state, county, city, or district 3
office, nor their campaign committees, nor anyone on their behalf, shall solicit or 4
accept contributions for special election expenses after the date of the special 5
election. No person other than the candidate or slate of candidates shall contribute 6
for special election expenses after the date of the special election. 7
[(16) The provisions of subsections (13) and (14) of this section shall apply only to those 8
candidates in a primary or regular election which shall be conducted subsequent to 9
January 1, 1989. The provisions of subsection (15) of this section shall apply only 10
to those candidates or slates of candidates in a special election which shall be 11
conducted subsequent to January 1, 1993.] 12
(10)[(17)] A candidate, slate of candidates, or a campaign committee may solicit and 13
accept contributions after the date of a primary election, regular election, or special 14
election to defray necessary expenses that arise after the date of the election 15
associated with election contests, recounts, and recanvasses of a specific election, 16
complaints regarding alleged campaign finance violations that are filed with the 17
registry pertaining to a specific election, or other legal actions pertaining to a 18
specific election to which a candidate, slate of candidates, or campaign committee 19
is a party, and for repayment of debts and obligations owed by the campaign. 20
Reports of contributions received and expenditures made after the date of the 21
specific election shall be made in accordance with KRS 121.180. 22
(11)[(18)] No candidate, slate of candidates, committee, except a political issues 23
committee, or contributing organization, nor anyone on their behalf, shall 24
knowingly accept a contribution from a corporation, directly or indirectly, except to 25
the extent that the contribution is designated to a state executive committee's 26
building fund account established under KRS 121.172. 27 UNOFFICIAL COPY 24 RS BR 2018
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(12)[(19)] Nothing in this section shall be construed to restrict the ability of a 1
corporation to administer its permanent committee insofar as its actions can be 2
deemed not to influence an election as prohibited by KRS 121.025. 3
(13)[(20)] No candidate, slate of candidates, or committee, nor anyone on their behalf, 4
shall solicit a contribution of money or services from a state employee, whether or 5
not the employee is covered by the classified service provisions of KRS Chapter 6
18A. However, it shall not be a violation of this subsection for a state employee to 7
receive a solicitation directed to him as a registered voter in an identified precinct as 8
part of an overall plan to contact voters not identified as state employees. 9
(14)[(21)] No candidate or slate of candidates for any office in this state shall accept a 10
contribution, including an in-kind contribution, which is made from funds in a 11
federal campaign account. No person shall make a contribution, including an in-12
kind contribution, from funds in a federal campaign account to any candidate or 13
slate of candidates for any office in this state. 14
[(22) It shall be permissible for a married couple to make a contribution with one (1) 15
check that reflects the combined individual contribution limits of each individual 16
spouse per election, as set forth in subsection (6) of this section, for all elections in 17
a calendar year and the following shall be required to be written on the check: 18
(a) The signatures of both spouses on the signature line of the check; and 19
(b) The designation of each contribution amount and the election or elections to 20
which they apply shall be memorialized on the memo line of the check.] 21
Section 2. KRS 121.015 is amended to read as follows: 22
As used in this chapter: 23
(1) "Registry" means the Kentucky Registry of Election Finance; 24
(2) "Election" means any primary, regular, or special election to fill vacancies 25
regardless of whether a candidate or slate of candidates is opposed or unopposed in 26
an election. Each primary, regular, or special election shall be considered a separate 27 UNOFFICIAL COPY 24 RS BR 2018
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election; 1
(3) "Committee" includes the following: 2
(a) "Campaign committee," which means one (1) or more persons who receive 3
contributions and make expenditures to support or oppose one (1) or more 4
specific candidates or slates of candidates for nomination or election to any 5
state, county, city, or district office, but does not include an entity established 6
solely by a candidate which is managed solely by a candidate and a campaign 7
treasurer and whose name is generic in nature, such as "Friends of (the 8
candidate)," and does not reflect that other persons have structured themselves 9
as a committee, designated officers of the committee, and assigned 10
responsibilities and duties to each officer with the purpose of managing a 11
campaign to support or oppose a candidate in an election; 12
(b) "Caucus campaign committee," which means members of one (1) of the 13
following caucus groups who receive contributions and make expenditures to 14
support or oppose one (1) or more specific candidates or slates of candidates 15
for nomination or election, or a committee: 16
1. House Democratic caucus campaign committee; 17
2. House Republican caucus campaign committee; 18
3. Senate Democratic caucus campaign committee; 19
4. Senate Republican caucus campaign committee; or 20
5. Subdivisions of the state executive committee of a minor political party, 21
which serve the same function as the above-named committees, as 22
determined by regulations promulgated by the registry; 23
(c) "Political issues committee," which means three (3) or more persons joining 24
together to advocate or oppose a constitutional amendment or public question 25
which appears on the ballot if that committee receives or expends money in 26
excess of one thousand dollars ($1,000); 27 UNOFFICIAL COPY 24 RS BR 2018
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(d) "Permanent committee," which means a group of individuals, including an 1
association, committee, or organization, other than a campaign committee, 2
political issues committee, inaugural committee, caucus campaign committee, 3
or party executive committee, which is established as, or intended to be, a 4
permanent organization having as a primary purpose expressly advocating the 5
election or defeat of one (1) or more clearly identified candidates, slates of 6
candidates, or political parties, which functions on a regular basis throughout 7
the year; 8
(e) An executive committee of a political party; and 9
(f) "Inaugural committee," which means one (1) or more persons who receive 10
contributions and make expenditures in support of inauguration activities for 11
any candidate or slate of candidates elected to any state, county, city, or 12
district office; 13
(4) "Contributing organization" means a group which merely contributes to candidates, 14
slates of candidates, campaign committees, caucus campaign committees, or 15
executive committees from time to time from funds derived solely from within the 16
group, and which does not solicit or receive funds from sources outside the group 17
itself. Any contributions made by the groups in excess of one hundred dollars 18
($100) shall be reported to the registry; 19
(5) "Testimonial affair" means an affair held in honor of a person who holds or who is 20
or was a candidate for nomination or election to a political office in this state 21
designed to raise funds for any purpose not charitable, religious, or educational; 22
(6) "Contribution" means any: 23
(a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 24
to a candidate, his or her agent, a slate of candidates, its authorized agent, a 25
committee, or contributing organization. As used in this subsection, "loan" 26
shall include a guarantee, endorsement, or other form of security where the 27 UNOFFICIAL COPY 24 RS BR 2018
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risk of nonpayment rests with the surety, guarantor, or endorser, as well as 1
with a committee, contributing organization, candidate, slate of candidates, or 2
other primary obligor. No person shall become liable as surety, endorser, or 3
guarantor for any sum in any one (1) election which[, when combined with all 4
other contributions the individual makes to a candidate, his or her agent, a 5
slate of candidates, its agent, a committee, or a contributing organization,] 6
exceeds the amount of the loan[contribution limits provided in KRS 7
121.150]; 8
(b) Payment by any person other than the candidate, his or her authorized 9
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 10
contributing organization, of compensation for the personal services of 11
another person which are rendered to a candidate, slate of candidates, 12
committee, or contributing organization, or for inauguration activities; 13
(c) Goods, advertising, or services with a value of more than one hundred dollars 14
($100) in the aggregate in any one (1) election which are furnished to a 15
candidate, slate of candidates, committee, or contributing organization or for 16
inauguration activities without charge, or at a rate which is less than the rate 17
normally charged for the goods or services; or 18
(d) Payment by any person other than a candidate, his or her authorized treasurer, 19
a slate of candidates, its authorized treasurer, a committee, or contributing 20
organization for any goods or services with a value of more than one hundred 21
dollars ($100) in the aggregate in any one (1) election which are utilized by a 22
candidate, slate of candidates, committee, or contributing organization, or for 23
inauguration activities; 24
(7) Notwithstanding the foregoing meanings of "contribution," the word shall not be 25
construed to include: 26
(a) Services provided without compensation by individuals volunteering a portion 27 UNOFFICIAL COPY 24 RS BR 2018
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or all of their time on behalf of a candidate, a slate of candidates, committee, 1
or contributing organization; 2
(b) A loan of money by any financial institution doing business in Kentucky 3
made in accordance with applicable banking laws and regulations and in the 4
ordinary course of business; or 5
(c) An independent expenditure by any individual or permanent committee; 6
(8) "Candidate" means any person who has received contributions or made 7
expenditures, has appointed a campaign treasurer, or has given his or her consent 8
for any other person to receive contributions or make expenditures with a view to 9
bringing about his or her nomination or election to public office, except federal 10
office; 11
(9) "Slate of candidates" means: 12
(a) Between the time a certificate or petition of nomination has been filed for a 13
candidate for the office of Governor under KRS 118.365 and the time the 14
candidate designates a running mate for the office of Lieutenant Governor 15
under KRS 118.126, a slate of candidates consists of the candidate for the 16
office of Governor; and 17
(b) After that candidate has designated a running mate under KRS 118.126, that 18
same slate of candidates consists of that same candidate for the office of 19
Governor and the candidate's running mate for the office of Lieutenant 20
Governor. Unless the context requires otherwise, any provision of law that 21
applies to a candidate shall also apply to a slate of candidates; 22
(10) "Knowingly" means, with respect to conduct or to a circumstance described by a 23
statute defining an offense, that a person is aware or should have been aware that 24
his or her conduct is of that nature or that the circumstance exists; 25
(11) "Fundraiser" means an individual who directly solicits and secures contributions on 26
behalf of a candidate or slate of candidates for a statewide-elected state office or an 27 UNOFFICIAL COPY 24 RS BR 2018
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office in a jurisdiction with a population in excess of two hundred thousand 1
(200,000) residents; 2
(12) "Independent expenditure" means the expenditure of money or other things of value 3
for a communication which expressly advocates the election or defeat of a clearly 4
identified candidate or slate of candidates, and which is made without any 5
coordination, consultation, or cooperation with any candidate, slate of candidates, 6
campaign committee, or any authorized person acting on behalf of any of them, and 7
which is not made in concert with, or at the request or suggestion of any candidate, 8
slate of candidates, campaign committee, or any authorized person acting on behalf 9
of any of them; 10
(13) "Electronic reporting" means the use of technology, having electrical, digital, 11
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 12
individual or other entity submits, compiles, or transmits campaign finance reports 13
to the registry, or by which the registry receives, stores, analyzes, or discloses the 14
reports; 15
(14) "Security procedure" means a procedure employed for the purpose of verifying that 16
an electronic signature, record, or performance is that of a specific person or for 17
detecting changes or errors in the information in an electronic record. The term 18
includes a procedure that requires the use of algorithms or other codes, identifying 19
words or numbers, encryption, or callback or other acknowledgment procedures; 20
(15) "Electronic signature" means an electronic sound, symbol, or process attached to or 21
logically associated with a record and executed or adopted by a person with the 22
intent to sign the record; 23
(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 24
entity required to submit financial disclosure reports to the registry; 25
(17) "Filer-side software" means software provided to or used by the filer that enables 26
transmittal of financial reports to the registry; and 27 UNOFFICIAL COPY 24 RS BR 2018
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(18) "Form" means an online Web page or an electronic document designed to capture, 1
validate, and submit data for processing to the registry, unless the context otherwise 2
prescribes. 3
Section 3. KRS 121.180 is amended to read as follows: 4
(1) (a) Any candidate, slate of candidates, or political issues committee shall be 5
exempt from filing any campaign finance reports required by subsections (3) 6
and (4) of this section if the candidate, slate of candidates, or political issues 7
committee chair files a form prescribed and furnished by the registry stating 8
that currently no contributions have been received and that contributions will 9
not be accepted or expended in excess of three thousand dollars ($3,000) in 10
any one (1) election. A separate form shall be required for each primary, 11
regular, or special election in which the candidate or slate of candidates 12
participates or in which the public question appears on the ballot. The form 13
shall be submitted by means of electronic filing with the registry. 14
(b) For a primary, a candidate or slate of candidates shall file a request for 15
exemption not later than the deadline for filing nomination papers and, except 16
as provided in subparagraph 2. of paragraph (c) of this subsection, shall be 17
bound by its terms unless it is rescinded in writing not later than thirty (30) 18
days preceding the primary. For a regular election, a candidate or slate of 19
candidates shall file or rescind in writing a request for exemption not later 20
than sixty (60) days preceding the regular election, except as provided in 21
subparagraph 2. of paragraph (c) of this subsection. For a special election, a 22
candidate or slate of candidates shall file a request for exemption not later 23
than ten (10) days after the candidate or slate of candidates is nominated for a 24
special election and shall be bound by its terms unless it is rescinded in 25
writing not later than thirty (30) days preceding the special election. A 26
political issues committee chair shall file a request for exemption when the 27 UNOFFICIAL COPY 24 RS BR 2018
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committee registers with the registry and shall be bound by its terms unless it 1
is rescinded in writing not later than thirty (30) days preceding the date the 2
issue appears on the ballot. 3
(c) 1. A candidate or slate of candidates that revokes a request for exemption 4
in a timely manner shall file all reports required of a candidate intending 5
to raise or spend in excess of three thousand dollars ($3,000) in an 6
election. To revoke the request for an exemption, the candidate or slate 7
of candidates shall file the appropriate form with the registry not later 8
than the deadline for filing a revocation. 9
2. A candidate or slate of candidates that is exempted from campaign 10
finance reporting requirements pursuant to paragraph (a) of this 11
subsection but who accepts contributions or makes expenditures in 12
excess of the exempted amount in an election, shall file all applicable 13
reports required for the remainder of that election, based upon the 14
amount of contributions or expenditures the candidate or slate of 15
candidates accepts or receives in that election. 16
(d) Any candidate or slate of candidates that is subject to a June or August filing 17
deadline and that intends to execute a request for exemption shall file the 18
appropriate request for exemption not later than the filing deadline and, except 19
as provided in subparagraph 2. of paragraph (c) of this subsection, shall be 20
bound by its terms unless it is rescinded in writing not later than sixty (60) 21
days preceding the regular election. A candidate or slate of candidates that is 22
covered by this paragraph shall have the same reversion rights as those 23
provided in subparagraph 1. of paragraph (c) of this subsection. 24
(e) Any candidate or slate of candidates that will appear on the ballot in a regular 25
election that has signed a request for exemption for that election may exercise 26
the reversion rights provided in subparagraph 1. of paragraph (c) of this 27 UNOFFICIAL COPY 24 RS BR 2018
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subsection if a candidate or slate of candidates that is subject to a June or 1
August filing deadline subsequently files in opposition to the candidate or 2
slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of 3
this subsection, a candidate or slate of candidates covered by this paragraph 4
shall comply with the deadline for rescission provided in subparagraph 1. of 5
paragraph (c) of this subsection. 6
(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any 7
candidate or slate of candidates that has filed a request for exemption for a 8
regular election that later is opposed by a person who has filed a declaration 9
of intent to receive write-in votes may rescind the request for exemption and 10
exercise the reversion rights provided in subparagraph 1. of paragraph (c) of 11
this subsection. 12
(g) Any candidate or slate of candidates that has filed a request for exemption 13
may petition the registry to determine whether another person is campaigning 14
as a write-in candidate prior to having filed a declaration of intent to receive 15
write-in votes, and, if the registry determines upon a preponderance of the 16
evidence that a person who may later be a write-in candidate is conducting a 17
campaign, the candidate or slate of candidates, except as provided in 18
subparagraph 2. of paragraph (c) of this subsection, may petition the registry 19
to permit the candidate or slate of candidates to exercise the reversion rights 20
provided in subparagraph 1. of paragraph (c) of this subsection. 21
(h) If the opponent of a candidate or slate of candidates is replaced due to his or 22
her withdrawal because of death, disability, or disqualification, the candidate 23
or slate of candidates, except as provided in subparagraph 2. of paragraph (c) 24
of this subsection, may exercise the reversion rights provided in subparagraph 25
1. of paragraph (c) of this subsection not later than fifteen (15) days after the 26
party executive committee nominates a replacement for the withdrawn 27 UNOFFICIAL COPY 24 RS BR 2018
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candidate or slate of candidates. 1
(i) A person intending to be a write-in candidate for any office in a regular or 2
special election may execute a request for exemption under paragraph (a) of 3
this subsection and shall be bound by its terms unless it is rescinded in writing 4
not later than fifteen (15) days preceding the regular or special election. A 5
person intending to be a write-in candidate who revokes a request for 6
exemption in a timely manner shall file all reports required of a candidate 7
intending to raise or spend in excess of three thousand dollars ($3,000) in an 8
election. Except as provided in subparagraph 2. of paragraph (c) of this 9
subsection, a person intending to be a write-in candidate who revokes a 10
request for exemption shall file the appropriate form with the registry. 11
(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the 12
campaign committee of any candidate or slate of candidates that has filed a 13
request for exemption or a political issues committee whose chair has filed a 14
request for exemption shall be bound by its terms unless it is rescinded in a 15
timely manner. 16
(k) 1. Except as provided in subparagraph 2. of paragraph (c) of this 17
subsection, any candidate, slate of candidates, or political issues 18
committee that is exempt from filing campaign finance reports pursuant 19
to paragraph (a), (d), or (i) of this subsection that accepts contributions 20
or makes expenditures, or whose campaign treasurer accepts 21
contributions or makes expenditures, in excess of the applicable limit in 22
any one (1) election without rescinding the request for exemption in a 23
timely manner shall comply with all applicable reporting requirements 24
and, in lieu of other penalties prescribed by law, pay a fine of not less 25
than five hundred dollars ($500). 26
2. Except as provided in subparagraph 2. of paragraph (c) of this 27 UNOFFICIAL COPY 24 RS BR 2018
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subsection, a candidate, slate of candidates, campaign committee, or 1
political issues committee that is exempt from filing campaign finance 2
reports pursuant to paragraph (a), (d), or (i) of this subsection that 3
knowingly accepts contributions or makes expenditures in excess of the 4
applicable spending limit in any one (1) election without rescinding the 5
request for exemption in a timely manner shall comply with all 6
applicable reporting requirements and shall be guilty of a Class D 7
felony. 8
(l) 1. Any candidate exempt from filing under this subsection for a primary 9
shall file a report described in subsection (4) of this section. 10
2. Any candidate exempt from filing under this subsection for a primary 11
who advances to the regular election shall file for an additional 12
exemption under this section for the regular election or the candidate 13
shall no longer be exempt from the filing requirements. 14
3. In the event a candidate exempt from filing under this subsection is no 15
longer eligible for the exemption, he or she shall immediately file for a 16
revocation of the exemption under paragraph (c) of this subsection. 17
(2) (a) State and county executive committees, and caucus campaign committees 18
shall make a full report, upon a prescribed form, to the registry, of all money, 19
loans, or other things of value, received from any source, and expenditures 20
authorized, incurred, or made, since the date of the last report, including: 21
1. For each contribution of any amount made by a permanent committee, 22
the name and business address of the permanent committee, the date of 23
the contribution, the amount contributed, and a description of the major 24
business, social, or political interest represented by the permanent 25
committee; 26
2. For other contributions in excess of two hundred dollars ($200)[one 27 UNOFFICIAL COPY 24 RS BR 2018
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hundred dollars ($100)], the full name, address, age if less than the legal 1
voting age, the date of the contribution, the amount of the contribution, 2
and the employer and occupation of each contributor. If the contributor 3
is self-employed, the name under which he or she is doing business shall 4
be listed; 5
3. The total amount of cash contributions received during the reporting 6
period; and 7
4. A complete statement of expenditures authorized, incurred, or made. 8
The complete statement of expenditures shall include the name and 9
address of each person to whom an expenditure is made in excess of 10
twenty-five dollars ($25), and the amount, date, and purpose of each 11
expenditure. 12
(b) In addition to the reporting requirements in paragraph (a) of this subsection, 13
the state executive committee of a political party that has established a 14
building fund account under KRS 121.172 shall make a full report, upon a 15
prescribed form, to the registry, of all contributions received from any source, 16
and expenditures authorized, incurred, or made, since the date of the last 17
report for the separate building fund account, including: 18
1. For each contribution of any amount made by a corporation, the name 19
and business address of the corporation, the date of the contribution, the 20
amount contributed, and a description of the major business conducted 21
by the corporation; 22
2. For other contributions in excess of two hundred dollars($200)[one 23
hundred dollars ($100)], the full name and address of the contributor, 24
the date of the contribution, the amount of the contribution, and the 25
employer and occupation of each contributor. If the contributor is self-26
employed, the name under which he or she is doing business shall be 27 UNOFFICIAL COPY 24 RS BR 2018
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listed; 1
3. The total amount of cash contributions received during the reporting 2
period; and 3
4. A complete statement of expenditures authorized, incurred, or made. 4
The complete statement of expenditures shall include the name and 5
address of each person to whom an expenditure is made in excess of 6
twenty-five dollars ($25), and the amount, date, and purpose of each 7
expenditure. 8
(c) The report required by paragraph (a) of this subsection shall be made on a 9
semiannual basis if the committee has more than ten thousand dollars 10
($10,000) in its campaign fund account, and shall be received by the registry 11
by January 31 and by July 31. The January report shall cover the period from 12
July 1 to December 31. The July report shall cover the period from January 1 13
to June 30. If the committee has less than ten thousand dollars ($10,000) in its 14
campaign fund account the report required by paragraph (a) of this subsection 15
shall be made on an annual basis, and shall be received by the registry by 16
January 31. If an individual gives a reportable contribution to a caucus 17
campaign committee or to a state or county executive committee with the 18
intention that the contribution or a portion of the contribution go to a 19
candidate or slate of candidates, the name of the contributor and the sum shall 20
be indicated on the committee report. The report required by paragraph (b) of 21
this subsection relating to a state executive committee's building fund account 22
shall be received by the registry within two (2) business days after the close of 23
each calendar quarter. The receipts and expenditures of funds remitted to each 24
political party under KRS 141.071 to 141.073 shall be separately accounted 25
for and reported to the registry in the manner required by KRS 121.230. The 26
separate report may be made a separate section within the report required by 27 UNOFFICIAL COPY 24 RS BR 2018
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this subsection to be received by the registry by January 31. 1
(3) (a) Except for candidates or slates of candidates, campaign committees, or 2
political issues committees exempted from reporting requirements pursuant to 3
subsection (1) of this section, each campaign treasurer of a candidate, slate of 4
candidates, campaign committee, or political issues committee who accepts 5
contributions or expends, expects to accept contributions or expend, or 6
contracts to expend more than three thousand dollars ($3,000) in any one (1) 7
election, and each fundraiser who secures contributions in excess of three 8
thousand dollars ($3,000) in any one (1) election, shall make a full report to 9
the registry, on a form provided or using a format approved by the registry, of 10
all money, loans, or other things of value, received from any source, and 11
expenditures authorized, incurred, and made, since the date of the last report, 12
including: 13
1. For each contribution of any amount made by a permanent committee, 14
the name and business address of the permanent committee, the date of 15
the contribution, the amount contributed, and a description of the major 16
business, social, or political interest represented by the permanent 17
committee; 18
2. For each contribution in excess of two hundred dollars ($200)[one 19
hundred dollars ($100)] made to any candidate or campaign committee 20
or a political issues committee, the full name, address, age if less than 21
the legal voting age, the date of the contribution, the amount of the 22
contribution, and the employer and occupation of each other contributor. 23
If the contributor is self-employed, the name under which he or she is 24
doing business shall be listed; 25
3. The total amount of cash contributions received during the reporting 26
period; and 27 UNOFFICIAL COPY 24 RS BR 2018
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4. 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 4
of 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, slates of candidates, 8
authorized campaign committees for candidates seeking statewide 9
office and for slates of candidates, unauthorized campaign 10
committees, political issues committees, and fundraisers which 11
register before the year of an election in which the candidate, a 12
slate of candidates, or public question shall appear on the ballot, 13
shall file financial reports with the registry at the end of the first 14
calendar quarter after persons become statewide candidates or 15
slates of candidates, or following registration of the committee or 16
fundraiser, and each calendar quarter thereafter, ending with the 17
last calendar quarter of that year. The provisions of this 18
subparagraph shall be retroactive to January 1, 2021; 19
b. All other candidates and candidate campaign committees shall file 20
annual financial reports to be received by the registry on or before 21
December 1 for each year that a candidate is not yet on the ballot 22
but has filed a Statement of Spending Intent and Appointment of 23
Campaign Treasurer with the registry for a future-year election; 24
and 25
c. Candidates, slate of candidates, or committees shall make all 26
reports required by subparagraphs 2. to 5. of this paragraph during 27 UNOFFICIAL COPY 24 RS BR 2018
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the year in which the election takes place; 1
2. All candidates, slates of candidates, candidate-authorized and 2
unauthorized campaign committees, political issues committees, and 3
registered fundraisers shall make reports on the sixtieth day preceding a 4
regular election, including all previous contributions and expenditures; 5
3. All candidates, slates of candidates, candidate-authorized and 6
unauthorized campaign committees, political issues committees, and 7
registered fundraisers shall make reports on the thirtieth day preceding 8
an election, including all previous contributions and expenditures; 9
4. All candidates, slates of candidates, candidate-authorized and 10
unauthorized campaign committees, political issues committees, and 11
registered fundraisers shall make reports on the fifteenth day preceding 12
the date of the election; and 13
5. All reports to the registry shall cover campaign activity during the entire 14
reporting period and must be received by the registry within two (2) 15
business days after the date the reporting period ends to be deemed 16
timely filed. 17
(4) Except for candidates, slates of candidates, and political issues committees, 18
exempted pursuant to subsection (1)(a) of this section, all candidates, regardless of 19
funds received or expended, candidate-authorized and unauthorized campaign 20
committees, political issues committees, and registered fundraisers shall make post-21
election reports within thirty (30) days after the election. All post-election reports to 22
the registry shall cover campaign activity during the entire reporting period and 23
must be received by the registry within two (2) business days after the date the 24
reporting period ends to be deemed timely filed. 25
(5) In making the preceding reports, the total gross receipts from each of the following 26
categories shall be listed: proceeds from the sale of tickets for events such as 27 UNOFFICIAL COPY 24 RS BR 2018
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testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass 1
collections made at the events, and sales of items such as campaign pins, buttons, 2
hats, ties, literature, and similar materials. When any individual purchase or the 3
aggregate purchases of any item enumerated above from a candidate or slate of 4
candidates for a statewide-elected state office or a campaign committee for a 5
candidate or slate of candidates for a statewide-elected state office exceeds two 6
hundred dollars ($200)[one hundred dollars ($100)], the purchaser shall be 7
identified by name, address, age, if less than the legal voting age, occupation, and 8
employer or, if the purchaser is self-employed, the name under which he or she is 9
doing business, and the amount of the purchase. When any individual purchase or 10
the aggregate purchases of any item enumerated above from any candidate or 11
campaign committee other than a candidate or slate of candidates for a statewide-12
elected state office or campaign committee for a candidate or slate of candidates for 13
a statewide-elected state office exceeds two hundred dollars($200)[one hundred 14
dollars ($100)], the purchaser shall be identified by name, address, age if less than 15
the legal voting age, occupation, and employer or, if the purchaser is self-employed, 16
the name under which he or she is doing business, and the amount of the purchase. 17
The lists shall be maintained by the campaign treasurer, political issues committee 18
treasurer, registered fundraiser, or other sponsor for inspection by the registry for 19
six (6) years following the date of the election. 20
(6) Each permanent committee, except a federally registered permanent committee, 21
inaugural committee, or contributing organization shall make a full report to the 22
registry, on a form provided or using a format approved by the registry, of all 23
money, loans, or other things of value, received by it from any source, and all 24
expenditures authorized, incurred, or made, since the date of the last report, 25
including: 26
(a) For each contribution of any amount made by a permanent committee, the 27 UNOFFICIAL COPY 24 RS BR 2018
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name and business address of the permanent committee, the date of the 1
contribution, the amount contributed, and a description of the major business, 2
social, or political interest represented by the permanent committee; 3
(b) For other contributions in excess of two hundred dollars ($200)[one hundred 4
dollars ($100)], the full name, address, age if under the legal voting age, the 5
date of the contribution, the amount of the contribution, and the employer and 6
occupation of each contributor. If the contributor is self-employed, the name 7
under which he or she is doing business shall be listed; 8
(c) An aggregate amount of cash contributions, the amount contributed by each 9
contributor, and the date of each contribution; and 10
(d) A complete statement of all expenditures authorized, incurred, or made, 11
including independent expenditures. This report shall be made by a permanent 12
committee, inaugural committee, or contributing organization to the registry 13
on the last day of the first calendar quarter following the registration of the 14
committee with the registry and on the last day of each succeeding calendar 15
quarter until such time as the committee terminates. A contributing 16
organization shall file a report of contributions received and expenditures on a 17
form provided or using a format approved by the registry not later than the 18
last day of each calendar quarter in which contributions are received or 19
expenditures are made. All reports to the registry shall be received on or 20
before each filing deadline, and any report received by the registry within two 21
(2) business days after each filing deadline shall be deemed timely filed. 22
(7) If the final statement of a candidate, campaign committee, or political issues 23
committee shows an unexpended balance of contributions, continuing debts and 24
obligations, or an expenditure deficit, the campaign treasurer shall file with the 25
registry a supplemental statement of contributions and expenditures not more than 26
thirty (30) days after the deadline for filing the final statement. Subsequent 27 UNOFFICIAL COPY 24 RS BR 2018
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supplemental statements shall be filed annually, to be received by the registry by 1
December 1 of each year, until the account shows no unexpended balance, 2
continuing debts and obligations, expenditures, or deficit. All post-election reports 3
to the registry shall cover campaign activity during the entire reporting period and 4
must be received by the registry within two (2) business days after the date the 5
reporting period ends to be deemed timely filed. All contributions shall be subject 6
to KRS 121.150 as of the date of the election in which the candidate appeared on 7
the ballot. 8
(8) All reports filed under the provisions of this chapter shall be a matter of public 9
record open to inspection by any member of the public immediately upon receipt of 10
the report by the registry. 11
(9) A candidate or slate of candidates is relieved of the duty personally to file reports 12
and keep records of receipts and expenditures if the candidate or slate states in 13
writing or on forms provided by the registry that: 14
(a) Within five (5) business days after personally receiving any contributions, the 15
candidate or slate of candidates shall surrender possession of the contributions 16
to the treasurer of their principal campaign committee without expending any 17
of the proceeds thereof. No contributions shall be commingled with the 18
candidate's or slated candidates' personal funds or accounts. Contributions 19
received by check, money order, or other written instrument shall be endorsed 20
directly to the campaign committee and shall not be cashed or redeemed by 21
the candidate; 22
(b) The candidate or slate of candidates shall not make any unreimbursed 23
expenditure for the campaign, except that this paragraph does not preclude a 24
candidate or slate from making an expenditure from personal funds to the 25
designated principal campaign committee, which shall be reported by the 26
committee as a contribution received; and 27 UNOFFICIAL COPY 24 RS BR 2018
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(c) The waiver shall continue in effect as long as the candidate or slate of 1
candidates complies with the conditions under which it was granted. 2
(10) (a) No candidate, slate of candidates, campaign committee, political issues 3
committee, or contributing organization shall use or permit the use of 4
contributions or funds solicited or received for the person or in support of or 5
opposition to a public issue which will appear on the ballot to: 6
1. Further the candidacy of the person for a different public office; 7
2. Support or oppose a different public issue; or 8
3. Further the candidacy of any other person for public office. 9
(b) Nothing in this subsection shall be deemed to prohibit a candidate or slate of 10
candidates from using funds in a campaign account to purchase admission 11
tickets for, or contribute to, any fundraising event or testimonial affair for 12
another candidate or slate of candidates[ if the amount of the purchase or 13
contribution does not exceed two hundred dollars ($200) per event or affair]. 14
(c) Any funds or contributions solicited or received by or on behalf of a 15
candidate, slate of candidates, or any committee, which has been organized in 16
whole or in part to further any candidacy for the same person or to support or 17
oppose the same public issue, shall be deemed to have been solicited or 18
received for the current candidacy or for the election on the public issue if the 19
funds or contributions are solicited or received at any time prior to the regular 20
election for which the candidate, slate of candidates, or public issue is on the 21
ballot. 22
(d) Any unexpended balance of funds not otherwise obligated for the payment of 23
expenses incurred to further a political issue or the candidacy of a person 24
shall, in whole or in part, at the election of the candidate or committee: 25
1. Escheat to the State Treasury; 26
2. Be returned pro rata to all contributors; 27 UNOFFICIAL COPY 24 RS BR 2018
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3. In the case of a partisan candidate, be transferred to: 1
a. A caucus campaign committee; or 2
b. The state or county executive committee of the political party of 3
which the candidate is a member; 4
4. Be retained to further the same public issue or to seek election to the 5
same office; or 6
5. Be donated to any charitable, nonprofit, or educational institution 7
recognized under Section 501(c)(3) of the United States Internal 8
Revenue Code of 1986, as amended, and any successor thereto, from 9
which the candidate or committee receives no financial benefit. 10
(11) If adequate and appropriate agency funds are available to implement this 11
subsection, electronic reporting shall be made available by the registry to all 12
candidates, slates of candidates, committees, contributing organizations, registered 13
fundraisers, and persons making independent expenditures. The electronic report 14
submitted to the registry shall be the official campaign finance report for audit and 15
other legal purposes, whether mandated or filed by choice. 16
(12) The date that an electronic or on-line report shall be deemed to have been filed with 17
the registry shall be the date on which it is received by the registry. 18
(13) All electronic or online filers shall affirm, under penalty of perjury, that the report 19
filed with the registry is complete and accurate. 20
(14) Filers who submit electronic campaign finance reports which are not readable, or 21
cannot be copied shall be deemed to not be in compliance with the requirements set 22
forth in this section. 23
(15) Beginning with the primary scheduled in calendar year 2020, and for each 24
subsequent election scheduled thereafter, reports required to be submitted to the 25
registry involving candidates, slates of candidates, committees, contributing 26
organizations, and independent expenditures shall be reported electronically. 27 UNOFFICIAL COPY 24 RS BR 2018
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(16) Beginning in calendar year 2025, and for each year thereafter: 1
(a) On the first Wednesday after the first Monday in November of the year 2
preceding the year in which the office will appear on the ballot, in addition 3
to the reports required under subsections (2), (3), and (6) of this section, all 4
candidates, slates of candidates, and committees that have filed an intent to 5
raise campaign funds with the registry, shall file an electronic report every 6
two (2) weeks. This electronic report shall contain the same information 7
required under subsections (2), (3), and (6) of this section; 8
(b) The initial two (2) week report shall include any and all money, loans, or 9
other things of value from any source that has been received and any and 10
all expenditures that have been authorized, incurred, or made that have not 11
previously been reported to the registry. The two (2) week reports shall 12
continue to be filed until a final report is filed or a committee terminates; 13
and 14
(c) If a person or entity that is required to report under this subsection has 15
received no money, loans, or other things of value from any source since the 16
date of its last two (2) week report and has not authorized, incurred, or 17
made any expenditures since that date, the person or entity may check or 18
otherwise designate the entry that reads, "No change since last report." A 19
person or entity designating this entry in a report shall state the balance 20
carried forward from the last report but need not specify receipts or 21
expenditures in further detail. 22
(17)[(16)] (a) On each form that the registry supplies for the reports required under 23
subsections (2), (3), and (6) of this section, the registry shall include an entry 24
reading, "No change since last report." 25
(b) If a person or entity that is required to report under subsection (2), (3), or (6) 26
of this section has received no money, loans, or other things of value from any 27 UNOFFICIAL COPY 24 RS BR 2018
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source since the date of its last report and has not authorized, incurred, or 1
made any expenditures since that date, the person or entity may check or 2
otherwise designate the entry that reads, "No change since last report." A 3
person or entity designating this entry in a report shall state the balance 4
carried forward from the last report but need not specify receipts or 5
expenditures in further detail. 6
Section 4. KRS 121.990 is amended to read as follows: 7
(1) Any corporation or any officer, agent, attorney, or employee of a corporation, who 8
knowingly violates any of the provisions of KRS 121.025, shall be fined not more 9
than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a 10
Class D felony. 11
(2) Any corporation that knowingly violates any of the provisions of KRS 121.035(1) 12
or KRS 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for 13
each offense, and upon conviction its charter shall be forfeited or its authority to do 14
business revoked. 15
(3) Any person who knowingly violates any of the provisions of KRS 121.035(2), 16
121.045, 121.055, 121.150 to 121.230, 121.310(1), or 121.320 shall, for each 17
offense, be guilty of a Class D felony. Violations of KRS 121.150 to 121.230 shall 18
include, but shall not be limited to, any of the following acts or omissions: 19
(a) Failure to make required reports or to file reports at times specified; 20
(b) Making any false statement or report; 21
(c) Giving money under a fictitious name; or 22
(d) Making any communication in violation of KRS 121.190(1). 23
(4) The nomination for, or election to, an office of any candidate or slate of candidates 24
who knowingly violates any provision of KRS 121.150 to 121.220, or whose 25
campaign treasurer knowingly violates any provision of KRS 121.150 to 121.220, 26
with the knowledge of that candidate or slate of candidates, shall be void, and, upon 27 UNOFFICIAL COPY 24 RS BR 2018
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a final judicial determination of guilt, the office shall be declared vacant and the 1
officeholder shall forfeit all benefits which he would have been entitled to receive 2
had he continued to serve, and the office or candidacy shall be filled as provided by 3
law for the filling of a vacancy. An action to declare a vacancy under this 4
subsection may be brought by the registry, the Attorney General, any candidate or 5
slate of candidates for the office sought to be declared vacant, or any qualified 6
voter. 7
(5) The Attorney General, Commonwealth's attorney, the registry, or any qualified 8
voter may sue for injunctive relief to compel compliance with the provisions of[ 9
KRS 121.056 and] KRS 121.120 to 121.230. 10
(6) The Commonwealth's attorney or county attorney for the county in which the 11
candidate or slated candidates reside shall be the chief prosecutor upon receipt of a 12
written request from the registry and shall prosecute any violator under this chapter. 13
In the event he fails or refuses to prosecute a violator, upon written request from the 14
registry, the Attorney General shall appoint a special prosecutor with full authority 15
to carry out the provisions of this section. 16
(7) Any officeholder who knowingly violates the provisions of subsection (6) of 17
Section 1 of this Act[KRS 121.150(12)] shall, upon a final judicial determination of 18
guilt, have his office declared vacant and shall forfeit all benefits which he would 19
have been entitled to receive had he continued to serve. 20
(8) [Any Governor or any gubernatorial appointee who knowingly appoints, approves 21
the appointment, or participates in the appointing of any person to any appointive 22
state office or position in violation of KRS 121.056(1) shall be guilty of a Class D 23
felony and, upon a final judicial determination of guilt, have his office declared 24
vacant and shall forfeit all benefits which he would have been entitled to receive 25
had he continued to serve. 26
(9) Any person who knowingly receives an appointment to any appointive state office 27 UNOFFICIAL COPY 24 RS BR 2018
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or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and, 1
upon a final judicial determination of guilt, have his office declared vacant, forfeit 2
all benefits which he would have been entitled to receive, and shall be ineligible to 3
receive an appointment to a state office or position for a period of five (5) years 4
from the date of a final judicial determination of guilt. 5
(10) Any elected or appointed state officeholder who knowingly awards or participates 6
in the awarding of a contract with the Commonwealth of Kentucky to a person or 7
entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon 8
a final judicial determination of guilt, have his office declared vacant and shall 9
forfeit all benefits which he would have been entitled to receive had he continued to 10
serve. 11
(11) Any person or entity who knowingly receives a contract with the Commonwealth of 12
Kentucky in violation of KRS 121.056(2) shall be guilty of a Class D felony. Upon 13
conviction, the contract shall be canceled, and the person or entity convicted shall 14
be ineligible to receive a contract with the Commonwealth of Kentucky for a period 15
of five (5) years from the date of a final judicial determination of guilt. 16
(12) ]Any person who knowingly violates any of the provisions of KRS 121.056(3) shall 17
be guilty of a Class D felony. 18
(9)[(13)] Any person who knowingly fails to pay a civil penalty, assessed by the 19
registry or a judicial panel pursuant to KRS 121.140 for violation of campaign 20
finance laws, shall be disqualified from filing for public office until such penalty is 21
paid or the registry rules that settlement has otherwise been made. 22
(10)[(14)] Any elected official who knowingly awards or participates in the awarding of 23
a nonbid contract or whose appointee knowingly awards or participates in the 24
awarding of a nonbid contract in violation of KRS 121.330(1) shall be guilty of a 25
Class D felony and, upon a final judicial determination of guilt, have his office 26
declared vacant and shall forfeit all benefits which he would have been entitled to 27 UNOFFICIAL COPY 24 RS BR 2018
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receive had he continued to serve. 1
(11)[(15)] Any entity who knowingly receives a nonbid contract with a governing 2
authority in violation of KRS 121.330(2) shall be guilty of a Class D felony. Upon 3
conviction, the nonbid contract shall be canceled, and the entity convicted shall be 4
ineligible to receive a nonbid contract with a governing authority for a period of 5
five (5) years from the date of final judicial determination of guilt. 6
(12)[(16)] Any elected official who knowingly awards or participates in awarding of a 7
nonbid contract, lease, or appointment to an office or board or whose appointee 8
knowingly awards or participates in the awarding of a nonbid contract, lease, or 9
appointment to an office or board in violation of KRS 121.330(3) shall be guilty of 10
a Class D felony and, upon a final judicial determination of guilt, have his office 11
declared vacant and shall forfeit all benefits which he would have been entitled to 12
receive had he continued to serve. 13
(13)[(17)] (a) Any fundraiser who knowingly receives a nonbid contract, lease, or 14
appointment to an office or board or any entity in which he has an interest 15
who knowingly receives a nonbid contract or lease in violation of KRS 16
121.330(4) shall be guilty of a Class D felony; 17
(b) Any immediate family member, employer, or employee of a fundraiser who 18
knowingly receives a nonbid contract, lease, or appointment to an office or 19
board in violation of KRS 121.330(4) shall be guilty of a Class D felony; and 20
(c) Upon conviction, the nonbid contract, lease, or appointment shall be canceled, 21
and the person or entity convicted shall be ineligible to receive a nonbid 22
contract, lease, or appointment with a governing authority for a period of five 23
(5) years from the date of a final judicial determination of guilt. 24
(14)[(18)] Any appointed or elected state office holder or any other person who 25
knowingly violates the provisions of KRS 121.120(5) shall be guilty of a Class D 26
felony. In the event a candidate has assumed office, upon a final judicial 27 UNOFFICIAL COPY 24 RS BR 2018
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determination of guilt, his office shall be declared vacant and he shall forfeit all 1
benefits which he would have been entitled to receive had he continued to serve. 2
(15)[(19)] Any person who knowingly violates the provisions of KRS 121.065(1) shall 3
be guilty of a Class A misdemeanor. 4
Section 5. KRS 336.180 is amended to read as follows: 5
As used in this chapter, unless the context requires otherwise: 6
(1) "Candidate" means any person who has received contributions or made 7
expenditures, has appointed a campaign treasurer, or has given his or her consent 8
for any other person to receive contributions or make expenditures with a view to 9
bringing about his or her nomination or election to public office, except federal 10
office; 11
(2) "Committee" includes the following: 12
(a) "Campaign committee," which means one (1) or more persons who receive 13
contributions and make expenditures to support or oppose one (1) or more 14
specific candidates or slates of candidates for nomination or election to any 15
state, county, city, or district office, but does not include an entity established 16
solely by a candidate which is managed solely by a candidate and a campaign 17
treasurer and whose name is generic in nature, such as "Friends of (the 18
candidate)," and does not reflect that other persons have structured themselves 19
as a committee, designated officers of the committee, and assigned 20
responsibilities and duties to each officer with the purpose of managing a 21
campaign to support or oppose a candidate in an election; 22
(b) "Caucus campaign committee," which means members of any caucus groups 23
who receive contributions and make expenditures to support or oppose one (1) 24
or more specific candidates or slates of candidates for nomination or election 25
to any state, county, city, or district office, or a committee in Kentucky or in 26
any other state. Caucus campaign committees include but are not limited to: 27 UNOFFICIAL COPY 24 RS BR 2018
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1. The House Democratic caucus campaign committee; 1
2. The House Republican caucus campaign committee; 2
3. The Senate Democratic caucus campaign committee; 3
4. The Senate Republican caucus campaign committee; and 4
5. Subdivisions of the state executive committee of a minor political party, 5
which serve the same function as the above-named committees, as 6
determined by administrative regulations promulgated by the Kentucky 7
Registry of Election Finance; 8
(c) "Political issues committee," which means three (3) or more persons joining 9
together to advocate or oppose a constitutional amendment or ballot measure 10
if that committee receives or expends money in excess of one thousand dollars 11
($1,000); 12
(d) "Permanent committee," which means a group of individuals, including an 13
association, committee, or organization, other than a campaign committee, 14
political issues committee, inaugural committee, caucus campaign committee, 15
or a party executive committee, which is established as, or intended to be, a 16
permanent organization having as a primary purpose expressly advocating the 17
election or defeat of one (1) or more clearly identified candidates, slates of 18
candidates, or political parties, which functions on a regular basis throughout 19
the year; 20
(e) An executive committee of a political party; and 21
(f) "Inaugural committee," which means one (1) or more persons who receive 22
contributions and make expenditures in support of inauguration activities for 23
any candidate or slate of candidates elected to any state, county, city, or 24
district office; 25
(3) "Contributing organization" means a group which merely contributes to candidates, 26
slates of candidates, campaign committees, caucus campaign committees, or 27 UNOFFICIAL COPY 24 RS BR 2018
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executive committees from time to time from funds derived solely from within the 1
group, and which does not solicit or receive funds from sources outside the group 2
itself; 3
(4) "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 but shall not include a loan of money 7
by any financial institution doing business in Kentucky made in accordance 8
with applicable banking laws and regulations and in the ordinary course of 9
business. As used in this subsection, "loan" shall include a guarantee, 10
endorsement, or other form of security where the risk of nonpayment rests 11
with the surety, guarantor, or endorser, as well as with a committee, 12
contributing organization, candidate, slate of candidates, or other primary 13
obligor. No person shall become liable as surety, endorser, or guarantor for 14
any sum in any one (1) election which[, when combined with all other 15
contributions the individual makes to a candidate, his or her agent, a slate of 16
candidates, its agent, a committee, or a contributing organization,] exceeds the 17
amount of the loan[contribution limits provided in KRS 121.150]; 18
(b) Payment by any person other than the candidate, his or her authorized 19
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 20
contributing organization, of compensation for the personal services of 21
another person which are rendered to a candidate, slate of candidates, 22
committee, or contributing organization, or for inauguration activities; 23
(c) Goods, advertising, or services with a value of more than one hundred dollars 24
($100) in the aggregate in any one (1) election which are furnished to a 25
candidate, slate of candidates, committee, or contributing organization or for 26
inauguration activities without charge, or at a rate which is less than the rate 27 UNOFFICIAL COPY 24 RS BR 2018
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normally charged for the goods or services; or 1
(d) Payment by any person other than a candidate, his or her authorized treasurer, 2
a slate of candidates, its authorized treasurer, a committee, or contributing 3
organization for any goods or services with a value of more than one hundred 4
dollars ($100) in the aggregate in any one (1) election which are utilized by a 5
candidate, slate of candidates, committee, or contributing organization, or for 6
inauguration activities; 7
(5) "Election" means any primary, regular, or special election. Each primary, regular, 8
or special election shall be considered a separate election; 9
(6) "Electioneering communications" means: 10
(a) Any communication broadcast by television or radio, printed in a newspaper 11
or on a billboard, directly mailed or delivered by hand to personal residences, 12
or in telephone calls made to personal residences, or otherwise distributed 13
that: 14
1. Unambiguously refers to any candidate for any state, county, city, or 15
district office, or to any ballot measure; 16
2. Is broadcast, printed, mailed, delivered, made, or distributed within 17
thirty (30) days before a primary election or sixty (60) days before a 18
general election; and 19
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or 20
delivered by hand to, in telephone calls made to, or otherwise distributed 21
to an audience that includes members of the electorate for such public 22
office or the electorate associated with the ballot containing the ballot 23
measure. 24
(b) "Electioneering communications" does not include: 25
1. Any news articles, editorial endorsements, opinions or commentary, 26
writings, or letters to the editor printed in a newspaper, magazine, or 27 UNOFFICIAL COPY 24 RS BR 2018
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other periodical not owned by or controlled by a candidate, committee, 1
or political party; 2
2. Any editorial endorsements or opinions aired by a broadcast facility not 3
owned or controlled by a candidate, committee, or political party; 4
3. Any communication by persons made in the regular course and scope of 5
their business or any communication made by a membership 6
organization solely to members of such an organization and their 7
families; 8
4. Any communication that refers to any candidate only as part of the 9
popular name of a bill or statute; or 10
5. A communication that constitutes a contribution or independent 11
expenditure as defined in this section; 12
(7) "Employer" means all persons, firms, associations, corporations, public employers, 13
public school employers, and public colleges, universities, institutions, and 14
education agencies; 15
(8) "Fundraiser" means an individual who directly solicits and secures contributions on 16
behalf of a candidate or slate of candidates for a statewide-elected state office, or an 17
office in a jurisdiction with a population in excess of two hundred thousand 18
(200,000) residents; 19
(9) "Independent expenditure" means the expenditure of money or other things of value 20
for a communication which expressly advocates the election or defeat of a clearly 21
identified candidate or slate of candidates, and which is made without any 22
coordination, consultation, or cooperation with any candidate, slate of candidates, 23
campaign committee, or any authorized person acting on behalf of any of them, and 24
which is not made in concert with, or at the request or suggestion of any candidate, 25
slate of candidates, campaign committee, or any authorized person acting on behalf 26
of any of them; 27 UNOFFICIAL COPY 24 RS BR 2018
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(10) "Labor organization" means any organization of any kind, or any agency or 1
employee representation committee, association or union which exists for the 2
purpose, in whole or in part, of dealing with employers concerning wages, rates of 3
pay, hours of employment or conditions of work, or other forms of compensation. 4
Except, for the purposes of this section or KRS 161.158, 164.365, 336.133, 5
336.134, 336.1341, 336.135, or 336.990, "labor organization" shall not include 6
organizations which primarily represent public employees working in the protective 7
vocations of active law enforcement officer, jail and corrections officer, or active 8
fire suppression or prevention personnel; 9
(11) "Political activities" means any contribution or independent expenditure made: 10
(a) To any committee; 11
(b) To any contributing organization; 12
(c) To any candidate; 13
(d) To any slate of candidates; 14
(e) To any fundraiser; 15
(f) For any electioneering communications; 16
(g) For any testimonial affair; 17
(h) In any manner intended to influence the outcome of any election; 18
(i) In any manner intended to otherwise promote or support the defeat of any: 19
1. Candidate; 20
2. Slate of candidates; or 21
3. Ballot measure; or 22
(j) In any manner intended to advance any position held by any person or entity 23
other than the public employee regarding any: 24
1. Election; 25
2. Candidate; 26
3. Slate of candidates; or 27 UNOFFICIAL COPY 24 RS BR 2018
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4. Ballot measure; 1
(12) "Public employee" means an employee of a "public agency" as that term is defined 2
in KRS 61.870; 3
(13) "Slate of candidates" means: 4
(a) Between the time a certificate or petition of nomination has been filed for a 5
candidate for the office of Governor under KRS 118.365 and the time the 6
candidate designates a running mate for the office of Lieutenant Governor 7
under KRS 118.126, a slate of candidates consists of the candidate for the 8
office of Governor; and 9
(b) After that candidate has designated a running mate under KRS 118.126, that 10
same slate of candidates consists of that same candidate for the office of 11
Governor and the candidate's running mate for the office of Lieutenant 12
Governor. Unless the context requires otherwise, any provision of law that 13
applies to a candidate shall also apply to a slate of candidates; and 14
(14) "Testimonial affair" means an affair held in honor of a person who holds or who is 15
or was a candidate for nomination or election to a state, city, county, or district 16
political office designed to raise funds for the purpose of influencing the outcome 17
of an election, otherwise promoting support for, or the defeat of, any candidate, 18
slate of candidates, or ballot measure. 19
Section 6. The following KRS section is repealed: 20
121.056 Restrictions upon specified campaign contributors. 21