Kansas 2023-2024 Regular Session

Kansas House Bill HB2206

Introduced
1/27/23  
Refer
1/27/23  

Caption

Amending the campaign finance act's definition of expressly advocating for a candidate by adding a reasonable person standard to the definition.

Impact

The amendment of K.S.A. 25-4143 serves to redefine key terms related to campaign contributions and expenditures. This includes a broader interpretation of 'clearly identified candidate' and varying stipulations around what is considered a contribution or expenditure for political campaigning. As such, the bill is expected to affect the way groups and individuals engage in campaign activities and how they report financial contributions and expenditures. The modification of the express advocacy definition could lead to increased scrutiny for political advertisements and funding sources.

Summary

House Bill 2206 seeks to amend the existing campaign finance laws by updating the definition of 'express advocacy.' The primary focus of this bill is to introduce a reasonable person standard to assess what constitutes express advocacy for a candidate in the context of elections. This change is designed to clarify how campaign communications are interpreted, particularly regarding endorsements and opposition messaging during election periods. By incorporating this standard, the bill aims to create a more consistent understanding of campaign messaging and its regulatory implications.

Contention

Points of contention surrounding HB 2206 revolve around concerns of potential overreach in regulating political speech and actions during electoral campaigns. Critics may argue that the new reasonable person standard could facilitate undue restrictions on campaign communications, thereby impacting free speech rights. In contrast, advocates of the bill contend that it enhances transparency by clarifying what constitutes acceptable campaign practices. There may also be concerns regarding the practical implications of enforcement and interpretation of this new standard in future elections.

Companion Bills

No companion bills found.

Previously Filed As

KS SB208

House Substitute for SB 208 by Committee on Elections - Amending provisions relating to the governmental ethics commission's authority to investigate and enforce the campaign finance act and limitations on the receipt and expenditure of contributions.

KS SB279

Amending the campaign finance act and the state governmental ethics laws regarding the qualifications of members of the governmental ethics commission, actions of the commission, formation of political committees, reporting requirements and requirements for "paid for" attributions.

KS HB2206

Renaming the Kansas governmental ethics commission to the Kansas public disclosure commission, defining terms in the campaign finance act, requiring the filing of statements of independent expenditures, prohibiting agreements requiring contributions in the name of another and requiring the termination of unused campaign finance accounts.

KS HB2391

Substitute for HB 2391 by Committee on Elections - Amending the act establishing the governmental ethics commission, relating to campaign finance, establishing a five-year statute of limitations for bringing actions before the commission, limiting the commission's subpoena power, allowing respondents to transfer a hearing before the commission to a hearing officer under the office of administrative hearings.

KS SB78

Campaign advertisements; definitions, independent expenditures, electioneering communications.

KS HB1091

Relative to the financing of political campaigns.

KS HB2165

Amending the campaign finance and governmental ethics statutes to extend the time frame for hearings before the governmental ethics commission and making technical amendments.

KS HB2167

Amending the campaign finance act to regulate and limit the use of cryptocurrency and to prohibit the use of any political funds collected by a candidate or candidate committee for a candidate for federal office.

KS SB00500

An Act Concerning Legislative Candidates' Campaign Communications.

KS HB495

Campaign finance; mandatory electronic filing for all candidates.

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