25-4157a

Chapter 25.--ELECTIONS
Article 41.--ELECTION CAMPAIGN FINANCE; GENERAL

25-4157a. Contributions; personal use prohibited; uses permitted; acceptance from another candidate or candidate committee; disposition of unexpended balances on termination of campaign. (a) No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for the personal use of the candidate and no such moneys shall be used by such candidate or the candidate committee of such candidate except for:

(1) Legitimate campaign purposes;

(2) expenses of holding political office;

(3) contributions to the party committees of the political party of which such candidate is a member;

(4) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate;

(5) any donations paid to a community service or civic organization in the name of the candidate or candidate committee of any candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations;

(6) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community; or

(7) expenses incurred in the purchase and mailing of greeting cards to voters and constituents.

For the purpose of this subsection, expenditures for "personal use" shall include expenditures to defray normal living expenses for the candidate or the candidate's family and expenditures for the personal benefit of the candidate having no direct connection with or effect upon the campaign of the candidate or the holding of public office.

(b) No moneys received by any candidate or candidate committee of any candidate as a contribution shall be used to pay interest or any other finance charges upon moneys loaned to the campaign by such candidate or the spouse of such candidate.

(c) No candidate or candidate committee shall accept from any other candidate or candidate committee for any candidate for local, state or national office, any moneys received by such candidate or candidate committee as a campaign contribution. The provisions of this subsection shall not be construed to prohibit a candidate or candidate committee from accepting moneys from another candidate or candidate committee if such moneys constitute a reimbursement for one candidate's proportional share of the cost of any campaign activity participated in by both candidates involved. Such reimbursement shall not exceed an amount equal to the proportional share of the cost directly benefiting and attributable to the personal campaign of the candidate making such reimbursement.

(d) At the time of the termination of any campaign and prior to the filing of a termination report in accordance with K.S.A. 25-4157, and amendments thereto, all residual funds otherwise not obligated for the payment of expenses incurred in such campaign or the holding of office shall be contributed to a charitable organization, as defined by the laws of the state, contributed to a party committee or returned as a refund in whole or in part to any contributor or contributors from whom received or paid into the general fund of the state.

History: L. 1989, ch. 111, § 1; L. 1990, ch. 306, § 8; L. 1991, ch. 150, § 12; L. 1992, ch. 234, § 1; L. 1995, ch. 157, § 1; L. 1998, ch. 117, § 12; L. 2008, ch. 166, § 6; July 1.

Governmental Ethics Commission Opinions:

Use of campaign funds for mileage. 2000-51.

When one member of governor/ lieutenant governor team leaves the campaign, treasurer must determine share of campaign funds belonging to each candidate. 2002-09.

Value of in-kind contribution may be returned to contributor (at fair market value). 2004-06.

Campaign funds may not be used to provide college scholarships. 2005-03.

Campaign contributions may be used to mail newsletters to constituents. 2006-01.

Same entity may contribute to a current office holder's campaign account and to a campaign account for a different office for which the same office holder is a candidate. 2006-04.

State employee may be a member of a political action committee, serve as its president; must comply with K.S.A. 25-4169a restrictions. 2006-16.

Mailing by political action committee endorsing its chairman for office in-kind contribution; valuation of. 2006-17.

Use of campaign funds to purchase vehicle. 2007-01.

Use of campaign funds to pay for unreimbursed expenses of rental vehicle to perform legislative duties. 2007-05.

Use of campaign funds to pay for unreimbursed vehicle expenses will be limited by state mileage reimbursement rate. 2007-14.