19-23-1 Expenditures. (a) General. The
carryover of funds or inventory by a candidate,
candidate committee, party committee or political
committee from one election period to another or
the transfer thereof to a bona fide successor's
committee or candidacy does not constitute an ex-
penditure. In addition, expenditure does not in-
clude costs which are directly related to any com-
munication by an incumbent elected state officer
with one or more of the incumbent's constituents
unless the primary purpose of such direct costs is
to influence the nomination or election of the can-
didate. In addition, those indirect costs which fa-
cilitate such communications and are insubstantial
in value per person are within the exclusion unless
the primary purpose of such indirect costs is to
influence the nomination or election of the can-
didate. Costs which relate to communications oc-
curring forty-five (45) days after adjournment sine
die of the legislature in an election year when the
elected state officer is seeking office are presumed
to be for the primary purpose of influencing the
candidate's election. Costs related to a response
by an incumbent official to inquiries from the
public concerning any official matter before the
incumbent do not fall within this presumption.

    (b) Transfer of funds. Except as provided in
subsection (a), the transfer of funds between any
two (2) or more candidates, candidate commit-
tees, party committees or political committees
constitutes an expenditure made by the trans-
feror, provided however that a transfer from one
(1) candidate or candidate committee to another
and different candidate or candidate committee,
or political committee or party committee, does
not constitute an expenditure by the transferor
when the funds thus transferred are not used for
the transferor's benefit (see K.A.R. 19-23-2 con-
cerning the treatment of the transfer as an other

    (c) Filing fees. The payment of a candidate's
filing fee constitutes an expenditure.

    (d) Meeting the requirements of the act. Costs
associated with attending informational meetings
of the commission or otherwise obtaining infor-
mation from the commission do not constitute ex-
penditures. In addition, costs associated with de-
fending actions brought pursuant to the act do not
constitute expenditures. Costs associated with
employing accountants, attorneys, or other per-
sons for advice concerning the requirements of
the act or to keep accounts and records do, how-
ever, constitute expenditures.

    (e) Treasurer's payment of certain costs. The
payment by the treasurer of a candidate or a can-
didate committee of costs incurred for the per-
sonal meals, lodging and travel by personal auto-
mobile of the candidate or the candidate's spouse
does not constitute an expenditure.

    (f) In-kind contributions. An in-kind contribu-
tion constitutes an expenditure. Those transac-
tions which are excluded from the definitions of
in-kind contributions are likewise excluded from
the definition of expenditure. (See K.A.R. 19-24
for the definition of in-kind contribution.) (Au-
thorized by K.S.A. 1979 Supp. 25-4102(f), 25-
4119a; effective, E-76-56, Nov. 26, 1975; effec-
tive, E-77-20, May 1, 1976; amended, E-77-47,
Sep. 30, 1976; effective Feb. 15, 1977; amended
May 1, 1980.)