UNOFFICIAL COPY 25 RS BR 1057 Page 1 of 13 XXXX 1/3/2025 3:08 PM 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, that is authorized by the candidate or slate 14 of candidates to receive contributions, make expenditures, and generally 15 conduct a campaign for the candidate or slate of candidates, but does not 16 include an entity established solely by a candidate which is managed solely by 17 a candidate and a campaign treasurer and whose name is generic in nature, 18 such as "Friends of (the candidate)," and does not reflect that other persons 19 have structured themselves as a committee, designated officers of the 20 committee, and assigned responsibilities and duties to each officer with the 21 purpose of managing a campaign to support or oppose a candidate in an 22 election; 23 (b) "Independent expenditure-only committee," which means one (1) or more 24 persons who receive unlimited contributions for the purpose of making only 25 independent expenditures to support or oppose one (1) or more specific 26 candidates or slates of candidates for nomination or election to any state, 27 UNOFFICIAL COPY 25 RS BR 1057 Page 2 of 13 XXXX 1/3/2025 3:08 PM Jacketed county, city, or district office; 1 (c) "Caucus campaign committee," which means members of one (1) of the 2 following caucus groups who receive contributions and make expenditures to 3 support or oppose one (1) or more specific candidates or slates of candidates 4 for nomination or election, or a committee: 5 1. House Democratic caucus campaign committee; 6 2. House Republican caucus campaign committee; 7 3. Senate Democratic caucus campaign committee; 8 4. Senate Republican caucus campaign committee; or 9 5. Subdivisions of the state executive committee of a minor political party, 10 which serve the same function as the above-named committees, as 11 determined by regulations promulgated by the registry; 12 (d) "Political issues committee," which means three (3) or more persons joining 13 together to advocate or oppose a constitutional amendment or public question 14 which appears on the ballot if that committee receives or expends money in 15 excess of one thousand dollars ($1,000); 16 (e) "Permanent committee," which means a group of individuals, including an 17 association, committee, or organization, other than a campaign committee, 18 independent expenditure-only committee, federally registered political 19 committee, political issues committee, inaugural committee, caucus campaign 20 committee, or party executive committee, which is established as, or intended 21 to be, a permanent organization having as a primary purpose expressly 22 advocating the election or defeat of one (1) or more clearly identified 23 candidates, slates of candidates, or political parties, which functions on a 24 regular basis throughout the year; 25 (f) An executive committee of a political party; and 26 (g) "Inaugural committee," which means one (1) or more persons who receive 27 UNOFFICIAL COPY 25 RS BR 1057 Page 3 of 13 XXXX 1/3/2025 3:08 PM Jacketed contributions and make expenditures in support of inauguration activities for 1 any candidate or slate of candidates elected to any state, county, city, or 2 district office; 3 (4) "Contributing organization" means a group which merely contributes to candidates, 4 slates of candidates, campaign committees, caucus campaign committees, or 5 executive committees from time to time from funds derived solely from within the 6 group, and which does not solicit or receive funds from sources outside the group 7 itself. Any contributions made by the groups in excess of one hundred dollars 8 ($100) shall be reported to the registry; 9 (5) "Testimonial affair" means an affair held in honor of a person who holds or who is 10 or was a candidate for nomination or election to a political office in this state 11 designed to raise funds for any purpose not charitable, religious, or educational; 12 (6) "Contribution" means any: 13 (a) Payment, distribution, loan, deposit, or gift of money or other thing of value, 14 to a candidate, his or her agent, a slate of candidates, its authorized agent, a 15 committee, or contributing organization. As used in this subsection, "loan" 16 shall include a guarantee, endorsement, or other form of security where the 17 risk of nonpayment rests with the surety, guarantor, or endorser, as well as 18 with a committee, contributing organization, candidate, slate of candidates, or 19 other primary obligor. No person shall become liable as surety, endorser, or 20 guarantor for any sum in any one (1) election which, when combined with all 21 other contributions the individual makes to a candidate, his or her agent, a 22 slate of candidates, its agent, a committee, or a contributing organization, 23 exceeds the contribution limits provided in KRS 121.150; 24 (b) Payment by any person other than the candidate, his or her authorized 25 treasurer, a slate of candidates, its authorized treasurer, a committee, or a 26 contributing organization, of compensation for the personal services of 27 UNOFFICIAL COPY 25 RS BR 1057 Page 4 of 13 XXXX 1/3/2025 3:08 PM Jacketed another person which are rendered to a candidate, slate of candidates, 1 committee, or contributing organization, or for inauguration activities; 2 (c) Goods, advertising, or services with a value of more than one hundred dollars 3 ($100) in the aggregate in any one (1) election which are furnished to a 4 candidate, slate of candidates, committee, or contributing organization or for 5 inauguration activities without charge, or at a rate which is less than the rate 6 normally charged for the goods or services; or 7 (d) Payment by any person other than a candidate, his or her authorized treasurer, 8 a slate of candidates, its authorized treasurer, a committee, or contributing 9 organization for any goods or services with a value of more than one hundred 10 dollars ($100) in the aggregate in any one (1) election which are utilized by a 11 candidate, slate of candidates, committee, or contributing organization, or for 12 inauguration activities; 13 (7) Notwithstanding the foregoing meanings of "contribution," the word shall not be 14 construed to include: 15 (a) Services provided without compensation by individuals volunteering a portion 16 or all of their time on behalf of a candidate, a slate of candidates, committee, 17 or contributing organization; 18 (b) A loan of money by any financial institution doing business in Kentucky 19 made in accordance with applicable banking laws and regulations and in the 20 ordinary course of business; or 21 (c) An independent expenditure by any individual or permanent committee; 22 (8) "Candidate" means any person who has received contributions or made 23 expenditures, has appointed a campaign treasurer, or has given his or her consent 24 for any other person to receive contributions or make expenditures with a view to 25 bringing about his or her nomination or election to public office, except federal 26 office; 27 UNOFFICIAL COPY 25 RS BR 1057 Page 5 of 13 XXXX 1/3/2025 3:08 PM Jacketed (9) "Slate of candidates" means: 1 (a) Between the time a certificate or petition of nomination has been filed for a 2 candidate for the office of Governor under KRS 118.365 and the time the 3 candidate designates a running mate for the office of Lieutenant Governor 4 under KRS 118.126, a slate of candidates consists of the candidate for the 5 office of Governor; and 6 (b) After that candidate has designated a running mate under KRS 118.126, that 7 same slate of candidates consists of that same candidate for the office of 8 Governor and the candidate's running mate for the office of Lieutenant 9 Governor. Unless the context requires otherwise, any provision of law that 10 applies to a candidate shall also apply to a slate of candidates; 11 (10) "Knowingly" means, with respect to conduct or to a circumstance described by a 12 statute defining an offense, that a person is aware or should have been aware that 13 his or her conduct is of that nature or that the circumstance exists; 14 (11) "Fundraiser" means an individual who directly solicits and secures contributions on 15 behalf of a candidate or slate of candidates for a statewide-elected state office or an 16 office in a jurisdiction with a population in excess of two hundred thousand 17 (200,000) residents; 18 (12) "Independent expenditure" means the expenditure of money or other things of value 19 for a communication which expressly advocates the election or defeat of a clearly 20 identified candidate or slate of candidates, and which is made without any 21 coordination, consultation, or cooperation with any candidate, slate of candidates, 22 campaign committee, or any authorized person acting on behalf of any of them, and 23 which is not made in concert with, or at the request or suggestion of any candidate, 24 slate of candidates, campaign committee, or any authorized person acting on behalf 25 of any of them; 26 (13) "Electronic reporting" means the use of technology, having electrical, digital, 27 UNOFFICIAL COPY 25 RS BR 1057 Page 6 of 13 XXXX 1/3/2025 3:08 PM Jacketed magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an 1 individual or other entity submits, compiles, or transmits campaign finance reports 2 to the registry, or by which the registry receives, stores, analyzes, or discloses the 3 reports; 4 (14) "Security procedure" means a procedure employed for the purpose of verifying that 5 an electronic signature, record, or performance is that of a specific person or for 6 detecting changes or errors in the information in an electronic record. The term 7 includes a procedure that requires the use of algorithms or other codes, identifying 8 words or numbers, encryption, or callback or other acknowledgment procedures; 9 (15) "Electronic signature" means an electronic sound, symbol, or process attached to or 10 logically associated with a record and executed or adopted by a person with the 11 intent to sign the record; 12 (16) "Filer" means any candidate, a slate of candidates, committee, or other individual or 13 entity required to submit financial disclosure reports to the registry; 14 (17) "Filer-side software" means software provided to or used by the filer that enables 15 transmittal of financial reports to the registry; 16 (18) "Form" means an online web page or an electronic document designed to capture, 17 validate, and submit data for processing to the registry, unless the context otherwise 18 prescribes;[ and] 19 (19) "Reasonable cause" means an event, happening, or circumstance entirely beyond 20 the knowledge or control of the candidate, slate of candidates, or committee, which 21 has exercised due care and prudence in maintaining the records of the campaign or 22 committee pursuant to statute or administrative regulation; and 23 (20) "Expenditure" means a payment, contribution, loan, or promise of payment of 24 money or anything of ascertainable monetary value for goods, materials, services, 25 or facilities in assistance of, or in opposition to, the nomination or election of a 26 candidate or the passage or defeat of a ballot question. For reporting purposes, 27 UNOFFICIAL COPY 25 RS BR 1057 Page 7 of 13 XXXX 1/3/2025 3:08 PM Jacketed an expenditure is considered to be made at the time the payment, contribution, 1 loan, or promise of payment of money is obligated. 2 Section 2. 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, independent expenditure-only committees, caucus campaign 17 committees, political issues committees, permanent committees, and party 18 executive committees to any religious, charitable, civic, eleemosynary, or other 19 causes or organizations established primarily for the public good is expressly 20 prohibited; except that it shall not be construed as a violation of this section for a 21 candidate or a slate of candidates to contribute to religious, civic, or charitable 22 groups. 23 (3) No candidate, slate of candidates, committee, or contributing organization, nor 24 anyone acting on their behalf, shall accept any anonymous contribution in excess of 25 one hundred dollars ($100), and all anonymous contributions in excess of one 26 hundred dollars ($100) shall be returned to the donor, if the donor can be 27 UNOFFICIAL COPY 25 RS BR 1057 Page 8 of 13 XXXX 1/3/2025 3:08 PM Jacketed determined. If no donor is found, the contribution shall escheat to the state. No 1 candidate, slate of candidates, committee, or contributing organization, nor anyone 2 acting on their behalf shall accept anonymous contributions in excess of two 3 thousand dollars ($2,000) in the aggregate in any one (1) election. Anonymous 4 contributions in excess of two thousand dollars ($2,000) in the aggregate which are 5 received in any one (1) 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 one hundred 8 dollars ($100) in the aggregate from each contributor in any one (1) election. No 9 candidate, slate of candidates, committee, or contributing organization, nor anyone 10 on their behalf, shall accept a cashier's check or money order in excess of the 11 maximum cash contribution limit unless the instrument clearly identifies both the 12 payor and the payee. A contribution made by cashier's check or money order which 13 identifies both the payor and payee shall be treated as a contribution made by check 14 for purposes of the contribution limits contained in this section. No person shall 15 make a cash contribution in excess of one hundred dollars ($100) in the aggregate 16 in any one (1) election to a candidate, slate of candidates, committee, or 17 contributing organization, nor anyone on their behalf. 18 (5) No candidate, slate of candidates, committee, contributing organization, nor anyone 19 on their behalf, shall accept any contribution in excess of one hundred dollars 20 ($100) from any person who shall not become eighteen (18) years of age on or 21 before the day of the next general election. 22 (6) Except as provided in subsection (23)[(22)] of this section, no candidate, slate of 23 candidates, campaign committee, nor anyone acting on their behalf, shall accept a 24 contribution of more than two thousand dollars ($2,000) as indexed for inflation 25 every odd-numbered year using the preceding year's percent increase in the non-26 seasonally adjusted annual average Consumer Price Index for all Urban Consumers 27 UNOFFICIAL COPY 25 RS BR 1057 Page 9 of 13 XXXX 1/3/2025 3:08 PM Jacketed (CPI-U), U.S. City Average, All Items, for that year as published by the United 1 States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from 2 any person, permanent committee, or contributing organization in any one (1) 3 election. No person, permanent committee, or contributing organization shall 4 contribute more than two thousand dollars ($2,000) as indexed for inflation every 5 odd-numbered year using the preceding year's percent increase in the non-6 seasonally adjusted annual average Consumer Price Index for all Urban Consumers 7 (CPI-U), U.S. City Average, All Items, as published by the United States Bureau of 8 Labor Statistics and rounded to the nearest hundred dollars, to any one (1) 9 candidate, campaign committee, nor anyone acting on their behalf, in any one (1) 10 election. 11 (7) Permanent committees or contributing organizations affiliated by bylaw structure or 12 by registration, as determined by the Registry of Election Finance, shall be 13 considered as one (1) committee for purposes of applying the contribution limits of 14 subsection (6) of this section. 15 (8) No permanent committee shall contribute funds to another permanent committee for 16 the purpose of circumventing contribution limits of subsection (6) of this section. A 17 permanent committee or independent expenditure-only committee may make 18 unlimited contributions to an independent expenditure-only committee, or as 19 allowed by federal law to a federally registered political committee, provided that if 20 a contribution is earmarked for a particular independent expenditure, the person 21 making the independent expenditure shall disclose the contribution when reporting 22 the independent expenditure pursuant to subsection (1) of this section. 23 (9) No person shall contribute funds to a permanent committee, political issues 24 committee, or contributing organization for the purpose of circumventing the 25 contribution limits of subsection (6) of this section. 26 (10) No person shall contribute more than two thousand dollars ($2,000)as indexed for 27 UNOFFICIAL COPY 25 RS BR 1057 Page 10 of 13 XXXX 1/3/2025 3:08 PM Jacketed inflation every odd-numbered year using the preceding year's percent increase in 1 the non-seasonally adjusted annual average Consumer Price Index for all Urban 2 Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the 3 United States Bureau of Labor Statistics and rounded to the nearest hundred dollars, 4 to a permanent committee or contributing organization in any one (1) year. 5 (11) (a) No person shall contribute more than five thousand dollars ($5,000) to the 6 state executive committee of a political party in any one (1) year. The 7 contribution limit in this paragraph shall not apply to a contribution 8 designated exclusively for a state executive committee's building fund account 9 established under KRS 121.172. 10 (b) No person shall contribute more than five thousand dollars ($5,000) to a 11 subdivision or affiliate of a state political party in any one (1) year. 12 (c) No person shall contribute more than five thousand dollars ($5,000) to a 13 caucus campaign committee in any one (1) year. 14 (12) No person shall make a payment, distribution, loan, advance, deposit, or gift of 15 money to another person to contribute to a candidate, a slate of candidates, 16 committee, contributing organization, or anyone on their behalf. No candidate, slate 17 of candidates, committee, contributing organization, nor anyone on their behalf 18 shall accept a contribution made by one (1) person who has received a payment, 19 distribution, loan, advance, deposit, or gift of money from another person to 20 contribute to a candidate, a slate of candidates, committee, contributing 21 organization, or anyone on their behalf. 22 (13) No candidate, slate of candidates, committee, contributing organization, or 23 anyone on their behalf shall make an expenditure to an intermediary, including 24 subcontractors, for the purpose of making a payment to another person. 25 Expenditures shall be made directly to the provider of goods or personal services. 26 (14) Subject to the provisions of subsection (18)[(17)] of this section, no candidate or 27 UNOFFICIAL COPY 25 RS BR 1057 Page 11 of 13 XXXX 1/3/2025 3:08 PM Jacketed slate of candidates for nomination to any state, county, city, or district office, nor 1 their campaign committees, nor anyone on their behalf, shall solicit or accept 2 contributions for primary election expenses after the date of the primary. No person 3 other than the candidate or slate of candidates shall contribute for primary election 4 expenses after the date of the primary. 5 (15)[(14)] Subject to the provisions of subsection (18)[(17)] of this section, no candidate 6 or slate of candidates for any state, county, city, or district office at a regular 7 election, nor their campaign committees, nor anyone on their behalf, shall solicit or 8 accept contributions for regular election expenses after the date of the regular 9 election. No person other than the candidate or slate of candidates shall contribute 10 for regular election expenses after the date of the regular election. 11 (16)[(15)] Subject to the provisions of subsection (18)[(17)] of this section, no candidate 12 or slate of candidates for nomination or election to any state, county, city, or district 13 office, nor their campaign committees, nor anyone on their behalf, shall solicit or 14 accept contributions for special election expenses after the date of the special 15 election. No person other than the candidate or slate of candidates shall contribute 16 for special election expenses after the date of the special election. 17 (17)[(16)] The provisions of subsections (14)[(13)] and (15)[(14)] of this section shall 18 apply only to those candidates in a primary or regular election which shall be 19 conducted subsequent to January 1, 1989. The provisions of subsection (16)[(15)] 20 of this section shall apply only to those candidates or slates of candidates in a 21 special election which shall be conducted subsequent to January 1, 1993. 22 (18)[(17)] A candidate, slate of candidates, or a campaign committee may solicit and 23 accept contributions after the date of a primary election, regular election, or special 24 election to defray necessary expenses that arise after the date of the election 25 associated with election contests, recounts, and recanvasses of a specific election, 26 complaints regarding alleged campaign finance violations that are filed with the 27 UNOFFICIAL COPY 25 RS BR 1057 Page 12 of 13 XXXX 1/3/2025 3:08 PM Jacketed registry pertaining to a specific election, or other legal actions pertaining to a 1 specific election to which a candidate, slate of candidates, or campaign committee 2 is a party, and for repayment of debts and obligations owed by the campaign or 3 previous campaign for the same office. Reports of contributions received and 4 expenditures made after the date of the specific election shall be made in 5 accordance with KRS 121.180. 6 (19)[(18)] No candidate, slate of candidates, committee, except a political issues 7 committee, independent expenditure-only committee, or contributing organization, 8 nor anyone on their behalf, shall knowingly accept a contribution from a 9 corporation, directly or indirectly, except to the extent that the contribution is 10 designated to a state executive committee's building fund account established under 11 KRS 121.172. 12 (20)[(19)] Nothing in this section shall be construed to restrict the ability of a 13 corporation to administer its permanent committee insofar as its actions can be 14 deemed not to influence an election as prohibited by KRS 121.025. 15 (21)[(20)] No candidate, slate of candidates, or committee, nor anyone on their behalf, 16 shall solicit a contribution of money or services from a state employee, whether or 17 not the employee is covered by the classified service provisions of KRS Chapter 18 18A. However, it shall not be a violation of this subsection for a state employee to 19 receive a solicitation directed to him or her as a registered voter in an identified 20 precinct as part of an overall plan to contact voters not identified as state 21 employees. 22 (22)[(21)] No candidate or slate of candidates for any office in this state shall accept a 23 contribution, including an in-kind contribution, which is made from funds in a 24 federal campaign account. No person shall make a contribution, including an in-25 kind contribution, from funds in a federal campaign account to any candidate or 26 slate of candidates for any office in this state. 27 UNOFFICIAL COPY 25 RS BR 1057 Page 13 of 13 XXXX 1/3/2025 3:08 PM Jacketed (23)[(22)] It shall be permissible for a married couple to make a contribution with one 1 (1) check that reflects the combined individual contribution limits of each 2 individual spouse per election, as set forth in subsection (6) of this section, for all 3 elections in a calendar year and the following shall be required to be written on the 4 check: 5 (a) The signatures of both spouses on the signature line of the check; and 6 (b) The designation of each contribution amount and the election or elections to 7 which they apply shall be memorialized on the memo line of the check. 8