Kentucky 2024 2024 Regular Session

Kentucky Senate Bill SB64 Introduced / Bill

                    UNOFFICIAL COPY  	24 RS BR 317 
Page 1 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
AN ACT relating to campaign finance. 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  	24 RS BR 317 
Page 2 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
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. Any contributions made by the groups in excess of one hundred dollars 26 
($100) shall be reported to the registry; 27  UNOFFICIAL COPY  	24 RS BR 317 
Page 3 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
(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  	24 RS BR 317 
Page 4 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
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 10 
made 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; or 13 
(d) A news story, commentary, or editorial by a person or group of persons. 14 
(8) "Candidate" means any person who has received contributions or made 15 
expenditures, has appointed a campaign treasurer, or has given his or her consent 16 
for any other person to receive contributions or make expenditures with a view to 17 
bringing about his or her nomination or election to public office, except federal 18 
office; 19 
(9) "Slate of candidates" means: 20 
(a) Between the time a certificate or petition of nomination has been filed for a 21 
candidate for the office of Governor under KRS 118.365 and the time the 22 
candidate designates a running mate for the office of Lieutenant Governor 23 
under KRS 118.126, a slate of candidates consists of the candidate for the 24 
office of Governor; and 25 
(b) After that candidate has designated a running mate under KRS 118.126, that 26 
same slate of candidates consists of that same candidate for the office of 27  UNOFFICIAL COPY  	24 RS BR 317 
Page 5 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
Governor and the candidate's running mate for the office of Lieutenant 1 
Governor. Unless the context requires otherwise, any provision of law that 2 
applies to a candidate shall also apply to a slate of candidates; 3 
(10) "Knowingly" means, with respect to conduct or to a circumstance described by a 4 
statute defining an offense, that a person is aware or should have been aware that 5 
his or her conduct is of that nature or that the circumstance exists; 6 
(11) "Fundraiser" means an individual who directly solicits and secures contributions on 7 
behalf of a candidate or slate of candidates for a statewide-elected state office or an 8 
office in a jurisdiction with a population in excess of two hundred thousand 9 
(200,000) residents; 10 
(12) "Independent expenditure" means the expenditure of money or other things of value 11 
for a communication which expressly advocates the election or defeat of a clearly 12 
identified candidate or slate of candidates, and which is made without any 13 
coordination, consultation, or cooperation with any candidate, slate of candidates, 14 
campaign committee, or any authorized person acting on behalf of any of them, and 15 
which is not made in concert with, or at the request or suggestion of any candidate, 16 
slate of candidates, campaign committee, or any authorized person acting on behalf 17 
of any of them; 18 
(13) "Electronic reporting" means the use of technology, having electrical, digital, 19 
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 20 
individual or other entity submits, compiles, or transmits campaign finance reports 21 
to the registry, or by which the registry receives, stores, analyzes, or discloses the 22 
reports; 23 
(14) "Security procedure" means a procedure employed for the purpose of verifying that 24 
an electronic signature, record, or performance is that of a specific person or for 25 
detecting changes or errors in the information in an electronic record. The term 26 
includes a procedure that requires the use of algorithms or other codes, identifying 27  UNOFFICIAL COPY  	24 RS BR 317 
Page 6 of 6 
XXXX   12/22/2023 11:18 AM  	Jacketed 
words or numbers, encryption, or callback or other acknowledgment procedures; 1 
(15) "Electronic signature" means an electronic sound, symbol, or process attached to or 2 
logically associated with a record and executed or adopted by a person with the 3 
intent to sign the record; 4 
(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 5 
entity required to submit financial disclosure reports to the registry; 6 
(17) "Filer-side software" means software provided to or used by the filer that enables 7 
transmittal of financial reports to the registry; and 8 
(18) "Form" means an online web page or an electronic document designed to capture, 9 
validate, and submit data for processing to the registry, unless the context otherwise 10 
prescribes. 11