19-21-3 Political committees. (a) Gen-
eral. The following factors shall be considered in
determining whether a combination of two or
more persons, or a person other than an individ-
ual, constitutes a political committee:

    (1) The intent of the person or persons;

    (2) the amount of time devoted to the support
or opposition of one or more candidates for state

    (3) the amount of time devoted to the support
or opposition of any other political committee or
party committee;

    (4) the amount of contributions, as defined by
the act, made to any candidate, candidate com-
mittee, party committee or political committee;

    (5) the amount of expenditures, as defined by
the act, made on behalf of any candidate, candi-
date committee, party committee or political com-
mittee; and

    (6) the importance to any candidate, candidate
committee, party committee or political commit-
tee of the activities in which the person or persons

    (b) Structure and filing statement of organiza-
tion. Each political committee which anticipates
that it will receive contributions or make expend-
itures shall appoint one chairperson and one trea-
surer for the purposes of the act. A political com-
mittee member may serve as both chairperson
and treasurer. A political committee may appoint
such other officers as it desires, including co-

    (c)  Payroll deduction plan exception. Any per-
son or persons who receive political contributions
under a program similar to a payroll deduction
plan shall be presumed not to be a political com-
mittee if the program administered by the person
or persons meets all of the following tests:

    (1) the decision to make any contribution by any
individual employee is strictly voluntary;

    (2) the employee alone determines to whom the
employee's contribution will be distributed;

    (3) any contribution made by the employee is
made and transferred in the employee's name
only; and

    (4) the recipient candidate or committee is not
made aware by the employer or the employer's
agents that the contribution was made as a part of
any such program.

    (d) Affiliated or connected organizations.

    (1) An organization shall be considered to be
affiliated or connected with a reporting political
committee if it is:

    (A) an organization or group which founded or
maintains the reporting committee with a major
purpose of influencing the nomination or election
of a candidate or candidates to state office;

    (B) an organization or group which has as a ma-
jor purpose providing support to a reporting com-
mittee or committees;

    (C) an organization or group whose member-
ship is generally composed of the same individuals
as the reporting committee where the reporting
committee advances the political goals of the or-
ganization either directly or indirectly on behalf
of the organization; or

    (D) an organization or group, whether or not a
reporting committee, which is substantially con-
trolled, directly or indirectly, by a reporting com-
mittee or committees or the controlling persons
thereof. In addition, any organization or group
controlling an affiliated or connected organization
shall likewise be considered an affiliated or con-
nected organization of the group or organization
which it controls.

    (2) Exceptions. If a state-wide union or profes-
sional or trade association is considered to be an
affiliated or connected organization of a particular
political committee under any of the above tests,
local units of such unions or associations shall be
presumed not to be affiliated or connected organ-
izations of the political committee so long as the
state-wide entity is reported as such. (Authorized
by K.S.A. 25-4119a as amended by L. 1986, Ch.
143, Sec. 1; implementing K.S.A. 25-4143 and
K.S.A. 1985 Supp. 25-4145; effective, E-76-56,
Nov. 26, 1975; effective, E-77-20, May 1, 1976;
amended, E-77-47, Sept. 30, 1976; effective Feb.
15, 1977; amended, E-79-24, Sept. 21, 1978;
amended May 1, 1979; amended May 1, 1980;
amended May 1, 1987.)