Kansas Administrative Code

(Authorized by K.S.A. 1979 Supp. 25- 4119a, 46-253; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

Service. (a) Service of an original complaint, a notice of hearing, five (5) and thirty (30) day notices pursuant to 1981 Kansas Session Laws, Chapter 171, Sec. 1 et seq., and Sec. 42 et seq., a civil penalty assessment order, and a finding of fact and report shall be by certifie…

Time. (a) Timely filing required. Re- ports or documents required or permitted to be filed under K.A.R. 19-1 to K.A.R. 19-8, inclusive, must be received for filing at the commission’s of- ficewithinthetimelimits,ifany,forsuchfiling.The 790 GOVERNMENTAL ETHICS COMMISSION 19-1-10 d…

(Authorized by K.S.A. 1980 Supp. 25-4119a, 46-253, 75-4303a; implementing K.S.A. 1980 Supp. 25-4120, 46-254; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976; ef- fective Feb. 15, 1977; revoked May 1, 1981.)

Advisory opinion. (a) Each advisory opinion request shall be submitted in writing and shall contain the full name, address, and telephone number of the applicant, a statement of how the applicant may be subject to relevant law, and a de- scription of the opinion requested in suff…

(Authorized by K.S.A. 25-4119a, 46- 253 and K.S.A. 1981 Supp. 75-4303a; effective, E-76-52, Oct. 24, 1975; effective, E-77-20, May 1, 1976;effectiveFeb.15,1977;revokedMay1,1982.)

(Authorized by K.S.A. 1979 Supp. 25-4119a; effective, E-76-56, Nov. 26, 1975; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; revoked May 1, 1980.)

Definitions. (a) The term “act,” unless the context requires otherwise, means K.S.A. 25-4142 et seq., including related amend- ments, supplemental legislation, and rules and regulations. (b) “In-kind contribution” means a contribution of goods, services, or anything of value to a…

Construction. K.A.R. 19-20 to 19-30, inclusive, shall be liberally construed to accomplish the purposes of the act including the administration of fair and open elections. (Autho- rized by K.S.A. 1976 Supp. 25-4119a; effective, E-76-56, Nov. 26, 1975; effective, E-77-20, May 1, 1…

Disclosures required on polit- ical advertising. (a) Each disclosure required pursuant to K.S.A. 25-4156(b)(1)(A)-(C) and amendments thereto shall appear at the bottom of the advertisement or item and shall contain both the name of the chairperson, treasurer, or other responsible…

Use of public funds, machinery, equipment, and supplies. Postal or internet ad- dresses that “expressly advocate the nomination, election or defeat of a clearly identified candi- date,” as defined by K.S.A. 25-4143 and amend- ments thereto, shall not be included in a com- municat…

Candidate appointment of trea- surer or committee. (a) Whenever any of the tests set forth in 1981 Kansas Session Laws, Chap- ter 171, Sec. 2(a) are met, an individual becomes a candidate on the date that test is met. (1) For the purpose of this section, an appoint- ment does not…

Candidate committees. (a) Gen- eral. A candidate appoints a committee either di- rectlyorifheorshedirectlyorindirectlyauthoriz- es a group of individuals to receive contributions or make expenditures on the candidate’s behalf, or ratifies the actions of such group. A candidate sh…

Political committees. (a) General. The following factors shall be considered in de- termining whether a combination of two or more persons, or a person other than an individual, con- stitutes a political committee: (1) The intent of the person or persons; (2) the amount of time d…

Party committees. (a) Party com- mitteesdonotincludecommitteesauthorizedand regulated by K.S.A. 25-3803 or 25-3806. These committees may, however, in appropriate cir- cumstances constitute political committees under K.A.R. 19-21-3. (b) A party committee shall be subject to the sa…

Other reporting persons. Every person, other than a candidate or a candidate com- mittee, party committee, or political committee, who makes independent contributions or expendi- tures other than by contribution to a candidate or a candidate committee, party committee, or politic…

Out-of-state committees, and persons. Any combination of three or more indi- viduals or a person other than an individual, not domiciled in this state, which is required to file a 803 In-Kind Contributions 19-24-1 verified statement pursuant to K.S.A. 25-4172 as amended by L. 198…

Contributions. (a) General. None of the following shall constitute a contribution if the transaction is made in the ordinary course of business or complies with common trade practic- es and the transaction does not have as its purpose the nomination, election, or defeat of a clea…

Other receipts. Rebates and re- funds given in the ordinary course of business constitute other receipts, as do the transfer of funds from an existing committee to its successor. (Authorized by K.S.A. 1979 Supp. 25-4119a; ef- fective, E-76-56, Nov. 26, 1975; effective, E-77- 20, …

Expenditures. Costs associat- ed with attending informational meetings of the commission or otherwise obtaining information from the commission shall not constitute expen- ditures. Costs associated with defending actions brought pursuant to the act shall not constitute expenditur…

Other disbursements. Other dis- bursements include but are not limited to: (a) the repayment of loans by a treasurer in his or her official capacity as such; (b) the disbursement of illegal contributions; (c) the payment of recoverable security depos- its; and (d) transfers to ot…

Value of in-kind contribution. The value of an in-kind contribution shall equal the fair market value of the item or service if it had been purchased, sold, or leased in the ordi- nary course of business. When a charge is made for an item or service which is less than the fair ma…

Candidate in-kind contribu- tions. The transfer of anything of value by the candidate to his or her campaign without charge or at a charge of less than the fair market value constitutes an in-kind contribution. That payment by a candidate or the candidate’s spouse for per- sonal …

Endorsements, voter registra- tion drives and related matters. The costs associated with any news story, commentary, or editorial distributed in the ordinary course of business by a broadcasting station, newspaper or other periodical publication does not constitute an in-kind con…

Volunteer service. The value of volunteer services provided without compensa- tion does not constitute an in-kind contribution. Costs to a volunteer which are related to the ren- dering of volunteer services which do not exceed a fair market value of fifty dollars ($50) during an…

Campaign worker expenditures. When a campaign worker is reimbursed for pay- ments the worker has made during the same al- locable election period in which the payment is made, the campaign worker has not made an in-kind contribution. Payments which are not re- imbursed in the sam…

General overhead and other costs. (a) Party committees. Expenditures by a party committee for its own general overhead, salaries and supplies do not constitute reportable in-kind contributions to the candidates of the party. Other expenditures by a party committee which are inten…

Testimonial events. When a tes- timonial event is held for the benefit of more than one candidate, except when an individual contributor dedicates a contribution to a partic- ular candidate, the value of each contribution or in-kind contribution shall be attributed to each candid…

Other political events. (a) Pur- chase of tickets, goods or services. The purchase of tickets, goods or services at political events or fund raisers which do not constitute testimonial events constitute contributions when the price substantially exceeds the value of the goods or …

Treasurer’s duty. All contributions or other receipts received and all expenditures or other disbursements made by or on behalf of a candidate or committee shall be received or made by or through the treasurer. For a contri- bution or other receipt to be received or an ex- pendit…

Solicitation of contributions. So- licitors of contributions on behalf of a particular candidate or committee shall be deemed a part of the candidate or committee and therefore will not be required to report the contributions on their own behalf so long as the following tests are…

(Authorized by K.S.A. 1979 Supp. 25-4119a; effective, E-77-20, May 1, 1976; amended, E-77-47, Sept. 30, 1976; effective Feb. 15, 1977; revoked May 1, 1980.) 806 GOVERNMENTAL ETHICS COMMISSION 19-27-1

Duty of treasurer. Each treasurer shall keep accounts and records of all contribu- tions and other receipts received and all expen- ditures and other disbursements made by or on behalf of the treasurer’s candidate or committee, as well as all other transactions relating thereto. …

Contributions and other re- ceipts. (a) Each treasurer shall maintain a com- plete record of all contributions as follows: (1) A detailed account of all contributions, in- cluding tickets or admissions to testimonials or other political events, that includes the following: (A) Th…

Expenditures and other dis- bursements. (a) Each treasurer shall keep a de- tailed account of all expenditures, including: (1) The full name and address of a person to whom the expenditure is made; (2) The purpose of the expenditure; (3) The date of the expenditure; and (4) The a…

Maintenance, preservation and inspection. (a) Maintenance. All accounts shall be kept reasonably current at all times and shall be completely current at the close of each report- ing period. (b) Preservation. All accounts required to be made and kept by this article (and all othe…

Nomination by convention or caucus. For the treasurer of any candidate seek- ing nomination by convention or caucus or the treasurer of such candidate’s committee or for any treasurer of a party committee or political committee of which the primary purpose is sup- porting or oppo…

Allocation of contributions and expenditures. (a) All contributions and other receipts received and expenditures and other dis- bursements made shall be allocated within each election period to the reporting period in which received or made. Contributions to or expendi- tures by …

(Authorized by K.S.A. 1979 Supp. 25-4119a; effective, E-76-56, Nov. 26, 1975; ef- fective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended, E-79-24, Sept. 21, 1978; amend- ed May 1, 1979; revoked May 1, 1980.)

Place and time of filing. (a) Place of filing. (1) Each political committee and each party committee whose primary purpose is the nomina- tion or election of candidates to state office shall file reports required by K.S.A. 25-4148 in the of- fice of the secretary of state. (2) Ea…

Contents of receipts and expen- ditures report. (a) General. Each receipts and expenditures report shall contain: (1) the full name and address of the candidate, party committee, or political committee; (2)inthecaseofcandidates,theofficesought,and in the case of committees, a des…

Material errors and omissions. Giving due regard to the number of errors or omissions, the dollar value involved, the percent- age of error, the magnitude of the contributions and expenditures of the particular candidate or committee, and the importance of presentation of a true …

Termination reports and re- ports of debts and obligations. (a) Before any committee may be dissolved or the position of any treasurer terminated, a termination report shall be filed with the secretary of state, local election officer or both. A termination report may not be file…

Computer generated campaign reports. Reports prepared on computer will be acceptable, provided that: (1) Each computer generated page contains all information required in K.S.A. 25-4148; (2) Print-outs are legible, clear black on white paper; (3) Each page is on 8½” X 11” paper; …

Investigation. The commission may authorize the executive director to investigate any matter required to be reported by any person un- der the relevant law, or any matter to which the relevant law applies irrespective of whether a civil penalty has been assessed or a complaint ha…

Reviews and audits. (a) Reviews and audits may be conducted by the executive director of any matter which is required to be reported or filed under the provisions of relevant law. Such reviews and audits shall employ gener- ally accepted auditing standards and provisions as adapt…

Preliminary inquiry. Whenever any matter is brought to the attention of a member of the commission or the executive director which appears to raise an issue of a violation of the rel- evant law, the executive director is authorized to conduct a preliminary inquiry on the issue of…

(Authorized by K.S.A. 1980 Supp. 25-4119a; implementing K.S.A. 1980 Supp. 25- 4112; effective, E-77-20, May 1, 1976; effective Feb. 15, 1977; amended May 1, 1980; revoked May 1, 1981.)

(Authorized by K.S.A. 1991 Supp. 25-4119a; implementing K.S.A. 25-4153; effec- tive, E-77-20, May 1, 1976; amended, E-77-47, Sept. 30, 1976; effective Feb. 15, 1977; amend- ed May 1, 1980; amended May 1, 1982; amended June 22, 1992; revoked Feb. 18, 2011.) OF INTEREST PROVISIONS

Campaign finance notice of fail- ure to file and notice of errors or omissions. (a) The executive director shall, as soon as practi- cable, serve notice as provided in K.A.R. 19-1-8 on any treasurer who has failed to file a receipts and expenditures report on the due date. A copy…