KANSAS
CAMPAIGN FINANCE
AND BALLOT MEASURE GUIDE
These resources are current as of 7/28/14. We do our best to periodically update
these resources and welcome any comments or questions regarding new
developments in the law. Please email us at [email protected].
This guide summarizes key aspects of laws and regulations governing lobbying on the
state level. It is not intended to provide legal advice or to serve as a substitute for legal
advice.
In some jurisdictions, city and/or county regulations may also apply to certain political
activities. Check with the appropriate local jurisdiction before undertaking any activity.
1
I. Overview
II. Contribution Limits and Source Restrictions
a. Restrictions on Contributions
i. Aggregation
ii. Contributions during legislative session prohibited
iii. Location of contributions
iv. Cash contributions
v. Campaign surplus
vi. No restrictions based on type of donor
vii. Contributions by another/Anonymous contributions
b. In-Kind Contributions
i. Definition
ii. Made in cooperation with or with the consent of a candidate
iii. Volunteer service
c. Corporate contributions
III. Communications
a. Issue Advocacy vs. Express Advocacy
b. Member Communications
c. Electioneering Communications
d. Independent Expenditures
i. Definition
ii. No limits on Independent Expenditures
iii. Reporting Independent Expenditures
e. Disclaimers
IV. Coordination
V. Registration and Reporting Requirements
a. In-State PACs
i. Definition
ii. Organization and Registration
iii. Reporting
b. Out-of-State and Other PACs
i. Reporting
ii. Exceptions
c. PAC Termination
VI. Ballot Measures
a. Constitutional Amendments
b. Local Ballot Measures
VII. Enforcement and Penalties
VIII. Contact Information for State and Local Agencies
2
OVERVIEW
The Kansas Campaign Finance Act is located at K.S.A. § 25-4142 et seq. and the
regulations are located at K.A.R. § 19-20-1 through 19-30-4. The Kansas
Governmental Ethics Commission regulates campaign finance. It issues opinions
concerning campaign finance.
A few judicial opinions discuss the campaign finance act: State v. Palmer, 248 Kan.
681 (1991) (Violations of act involving theft, conspiracy, false writing, criminal
solicitation, and acts constituting concealment); Legislative Coordinating Council v.
Stanley, 264 Kan. 698 (1998) (Payment of vouchers for contested election costs by
director of accounts and reports does not violate K.S.A. 25-4169a); Kansans for Life,
Inc. v. Gaede, 38 F.Supp.2d 928 (U.S.D.C. Kan. 1999) (First amendment rights
violated, statute held unconstitutionally vague); and Cole v. Mayans, 276 Kan. 866
(2003) (Campaign funds from state office not transferable to city office).
CONTRIBUTION LIMITS AND SOURCE RESTRICTIONS
To Candidates
1
(limits for each primary (P) and general (G)
election)
To Committees
(per calendar year)
For
Constitutional
2
Amendments
Senate
House and
Local
Offices
PAC
Parties (state-S,
recognized-R,
congressional3
C, county-Co)
$2,000P ,G
$1,000P,G
$500-P,G
No limit
$15,000-S
5,000-R,C,Co
No limit
$2,000
P,G
$2,000P,G
$1,000P,G
$500-P,G
No limit
$5,000-S,R,C,Co
No limit
State Party
Committee
$2,000-P
No limit-G
$2,000-P
No limit-G
$1,000-P
No limit-G
$500-P
No limit-G
No limit
$5,000R,C,Co
No limit
Congressional
or Recognized
Party Comm.
$2,000-P
No limit-G
$2,000-P
No limit-G
$1,000-P
No limit-G
$500-P
No limit-G
No limit
$15,000-S
$5,000-R,C,Co
No limit
County Central
Committee
2,000-P
No limit-G
2,000-P
No limit-G
1,000-P
No limit-G
500-P
No limit-G
No limit
15,000-S
5,000-R,C,Co
No limit
From

Governor
Other
Statewide
Individuals/
Corporations/
Organizations
$2,000P,G
PACs
K.S.A. § 25-4153.
1
These limits only apply in contested primary elections.
All persons promoting or opposing constitutional amendments must report contributions in excess of $50
for that purpose. K.S.A. § 25-4180.
3
For contributions from a national party committee to a party committee, the limits are $25,000 to state
committees and $10,000 to recognized, congressional and county committees.
2
3
Restrictions on Contributions

Aggregation
There are no separate aggregate limits for contributions to multiple donees.

Contributions during legislative session prohibited
After January 1st and prior to adjournment sine die of the legislature or at any
other time it is in session, no lobbyist, political committee or person, other than
an individual, shall make a contribution to a legislator, to an officer elected
statewide, to a candidate for either, to their candidate committee or to a political
committee for the senate or house. K.S.A. § 25-4153a.

Location of Contributions
There are no restrictions on locations where contributions may be delivered (e.g.,
state office buildings), although there are some restrictions on the use of public
property, public employee time and municipal buildings for campaigning,
violations of which are a class C misdemeanor. K.S.A. § 25-4169a.

Cash Contributions
Contributions which in the aggregate exceed $100 for any one primary or general
election cannot be made in cash. K.S.A. § 25-4153(i). A check, credit card or
money order must then be used.

Campaign Surplus
At the time of termination of any campaign, all of a candidate’s residual funds not
obligated for expenses incurred in the campaign or the holding of office must be
contributed to charity, contributed to a party committee, refunded to the
contributors or paid into the state general fund. K.S.A. § 25-4157a(d).

No restrictions based on type of donor
There are no special contribution restrictions for particular kinds of contributors,
such as lobbyists, unions or state contractors, other than the above legislative
session restrictions, which apply to all donors except individuals.

Contributions by another/Anonymous contributions
Contributions must be made in the name of the person providing the contribution,
and contributions in excess of $10 must be accompanied with the name and
address of the contributor. K.S.A. § 25-4154(a) and (b).
 Teacher’s Unions and Other Public Employee Unions
The legislature recently placed limits on how teacher’s unions and other public
employee unions can raise funds for political purposes from union members.
Previously unions could allow members to vote to allocate a portion of member
dues to be used for political purposes. Under this new law, unions must raise
funds only through voluntary donations. K.S.A. § 75-4333.
In-Kind Contributions
4

Definition
In-kind contributions such as goods or services are treated the same as
monetary contributions and are valued at fair market value. “Contributions”
regulated by the Finance Act are broadly defined as (A) any advance,
conveyance, deposit, distribution, gift, loan or payment of money or other thing of
5
value given to a candidate, candidate committee, party committee or political
committee or (B) otherwise made. In either case they must be given or made for
the purpose of causing or expressly advocating the nomination, election or defeat
of a clearly identified candidate for state or local office. K.S.A. § 254143(e)(1)(A) and (B). Kansas does not regulate contributions or expenditures
for issue advocacy ads (electioneering communications), as explained below.

Made in cooperation with or with the consent of the candidate
In-kind contribution also means the use of any goods, services, or anything of
value, or the spending of any money, for the benefit of any candidate, candidate
committee, party committee, or political committee when the use or expenditure
is made in cooperation with or with the consent of the candidate, committee, or
representative of them. K.A.R. § 19-20-2(b). However, to be a regulated in-kind
contribution there must again be express advocacy. Opinion 2008-10 (in-kind
contributions must involve express advocacy in order to be regulated
contributions, http://www.kansas.gov/ethics/opinion/opinions/2008-10.html).

Volunteer service
The value of volunteer services provided without compensation does not
constitute an in-kind contribution. K.S.A. § 25-4143(e)(2)(A).
Corporate Contributions
COMMUNICATIONS
Issue Advocacy vs. Express Advocacy

Express advocacy is any communication that falls under the “magic words” test
as laid out in Buckley v. Valeo. These include communications that state “vote
for the secretary of state”, “re-elect your senator”, “support the democratic
nominee”, vote for or vote against Smith, etc. K.S.A. § 25-4143(h). Although this
statute states that express advocacy is “not limited to” these terms, the Kansas
Ethics Commission considers the magic words, or at least minor variations on
them, to be the test for express advocacy.
The Kansas Legislature considered, but rejected, amendments to K.S.A. § 254143 which would have constitutionally broadened the scope of express
advocacy to include communications “which in context have no other reasonable
meaning than to support or oppose” a candidate. Thus, although K.S.A. § 254143(h) states that express advocacy is “not limited to” the magic words listed,
6
the statute’s judicial and legislative history support its construction that express
advocacy requires the magic words or at least minor variations of them.
Member Communications

Expenditures for express advocacy communications made in the form of internal
organizational communications of business, labor, professional, or other
organizations are not regulated or reportable as in-kind contributions. K.A.R. §
19-24-3. Therefore, there is no limit on or reporting of expenditures made for
these communications.

The Ethics Commission has stated that K.A.R. § 19-24-3 would apply regardless
of whether the association is incorporated. It has also stated that this exception
is for communications made in the ordinary course to members or shareholders
and suggesting which candidates to support or oppose. If the communications
are part of a concerted express advocacy campaign effort, the Commission might
not view them as “merely endorsing” a candidate.
Electioneering Communications

Because it is not express advocacy, Kansas does not regulate electioneering
communications, issue ads or nonexpress advocacy communications. The
Ethics Commission’s website provides the following information on issue ads:
“Issue ads are communications, sometimes referred to as
electioneering communications, that do not expressly advocate
for the election or defeat of a clearly identified candidate for state
or local office. These advertisements or mailings may ask you to
contact a candidate or current office holder to give them your
viewpoint on a specific subject, but the literature or advertisement
does not ask you to vote for or against a specific candidate.
Because there is no express advocacy, individuals and/or
organizations that use these types of advertisements or
communications do not fall under the jurisdiction of the Campaign
Finance Act. Therefore, there is no reporting of this activity.”

However, Kansas law does prohibit candidates for elected office form appearing
in certain public service announcements or advertisements or allowing the
candidate's name to be used in a public service announcements or
advertisements during a period beginning 60 days before any primary election in
which the candidate's name appears on the ballot and ending with the
conclusion of the general election. K.S.A. § 25-4189(a). This prohibition applies
only to a message “broadcast by electronic, telephone or print media" in which
time or space is either (1) donated on behalf of the media, (2) paid for with
public sector funds, or (3) paid for with private sector funds from the current
contractor of the sponsoring government entity. A candidate may personally
appear on a scheduled radio or television program and may participate in a
newspaper interview and discuss, announce or promote an issue of public
importance, concern or welfare during the specified time frame. Additionally,
advertisements paid for by a candidate, PAC or a third party not covered by the
7
ban would be allowed. Kansas Ethics Commission Op No. 2012-03.
Independent Expenditures

Definition of Independent Expenditure
o Independent expenditures are expenditures made without the cooperation
or consent of a candidate, or agent of such candidate, intended to be
benefitted and which expressly advocate the election or defeat of a clearly
identified candidate. K.S.A. § 25-4148c(d)(2).
o Independent Expenditures may be made by a political action committee,
party committee, individual, corporation or other person.
8

No limits on independent expenditures
Independent expenditures are not subject to contribution limits because the
expenditure is not made with the consent or cooperation of the candidate or his
or her agent. K.A.R. § 19-20-2(b).

Reporting Independent Expenditures
o PACs and party committees are required to report all independent
expenditures. The vendor to whom the payment is made must be
disclosed. For independent expenditures in excess of $300, the name
and address of the candidate expressly advocated or opposed, as well as
the expenditure amount and the service or product provided, must be
disclosed. K.S.A. § 45-4148c.
o Individuals, corporations or other persons making independent
expenditures of $100 or more must file a one page report showing the
name and address of each contributor of $50 or more, the name and
address of each vendor paid $50 or more for the expenditure and the
name of the candidate expressly advocated or opposed. K.S.A. § 254150.
o They must also file reports for last minute independent expenditures made
or accrued and contributions received in excess of $300 beginning 11
days before a primary or general election and ending at 11:59 p.m. on the
Wednesday preceding the date of the election. K.S.A. §§ 25-4148c(b)(1)
and 4148d(b)(1). Four daily reports are also due for the Thursday, Friday,
Saturday and Sunday preceding the election, due before 5 p.m. the next
day. K.S.A. § 25-4148c(b)(2) and 4148d(b)(2).
Disclaimers

Published, broadcasted, telephoned or internet communications containing
express advocacy must have certain disclosures. K.S.A. § 25-4156, K.A.R. § 1920-4. Newspapers must contain the word “advertisement” or “adv.” and the
name of the sponsor’s representative and organization or individual sponsor.
Broadcast, telephoned and brochure express advocacy must state “Paid for” or
“Sponsored by” and contain similar information. Failure to make these
disclosures is the offense of corrupt political advertising, punishable as a class C
misdemeanor. K.S.A. § 25-4156(b)(2).
COORDINATION

The statutes and regulations provide no guidance as to how and when an
expenditure for express advocacy is made with the consent or cooperation of the
9
candidate or his or her agent, thus making it a reportable in-kind contribution.

If a communication is only issue advocacy (contains no express advocacy), the
expenditure for the communication is unregulated even if it is made with the
consent or cooperation of the candidate or his or her agent. Kansas Ethics
Commission, Opinion No. 2008-10.

If a candidate is also the chairman of a PAC, and the PAC makes expenditures
for express advocacy endorsing the candidate/chairman, those expenditures will
amount to in-kind contributions because they were made in cooperation with a
candidate. Kansas Ethics Commission, Opinion No. 2006-17.
REGISTRATION AND REPORTING REQUIREMENTS
In-State PACs

Definition
A political [action] committee (PAC) means any combination of two or more
individuals or any person (including a nonprofit organization) other than an
individual, a major purpose of which is to expressly advocate the nomination,
election or defeat of a clearly identified candidate for state or local office in
Kansas or to make contributions or expenditures for that purpose. K.S.A. § 254143(k). Note that individuals or entities that make expenditures supporting or
opposing constitutional amendments will not have to register as a PAC, but are
subject to separate reporting requirements, discussed in “Ballot Measures”,
below.

Organization and Registration
o A PAC which anticipates receiving such contributions or making such
expenditures must appoint a chairperson and treasurer, and the
chairperson must file a statement of organization with the Secretary of
State within 10 days after establishment of the committee. K.S.A. § 254145 (a).
o Annual registration is also required on or before July 1st of each year and
an annual registration fee is required. K.S.A. § 25-4145(d).
o The PAC bank account need not be in-state nor need the treasurer be a
resident.
o Registration Fees
 For PACs anticipating receipt of $2,501 or more in any calendar
year the registration fee is $240;
 for PACs anticipating receipt of more than $500 but less than
$2,501 the registration fee is $35;
10


for PACs anticipating receipt of less than $500 the registration fee
is $20.

If a PAC that paid a lower fee for registration subsequently
surpasses the monetary threshold must, within three days of
surpassing this amount, amend their registration and submit
payment to make up the difference in registration fees (for PACs
that initially paid $20 but then surpass the $500 threshold, they
must pay an additional $20 registration fee). K.S.A. § 25-4145(d).
Reporting
o Every treasurer of a PAC must file reports period campaign finance
reports with the Secretary of State. K.S.A. § 25-4148(c), (b); K.A.R. §§
19-29-1a, 19-29-2. Forms may be filed electronically, or paper copies
may be submitted to the Secretary of State’s office.
o Regular and last minute report periods and their due dates vary each year
and may be obtained from the Kansas Ethics Commission website: 2014
Election Cycle Reporting Periods Due Dates for Campaign Finance
Reports.
o Special last minute reports of independent expenditures and contributions
must also be filed for the period commencing 11 days before and ending
on the Wednesday preceding an election. K.S.A. §§ 25-4148c, 25-4148d.
o Local candidate reports are filed in the office of the county election officer
of the county in which the name of the candidate is on the ballot. Party
committees file reports only with the Secretary of State’s office. In State
and Out-of-State PACs file reports with the Secretary of State’s office
while local PACs file reports in the county in which the local PAC is
domiciled.
o Reports are posted for view on the Ethics Commission website. Donors
are listed on the reports and their names are searchable.
Out-of-State and Other PACs

Reporting
o Any combination of three or more individuals or a person other than an
individual, not domiciled in Kansas, which makes or intends to make a
contribution to a candidate, candidate committee, party committee or
political committee in this state must either:

File a verified statement containing (a) the names and addresses of
the responsible individuals, (b) the name and address of each
person who has contributed more than $50 to it within the past 12
months and (c) the aggregate amount of contributions to it within
11
the past 12 months. These reports must be filed for each regular
treasurer reporting period. K.S.A. § 25-4172(a)(1). The statement
shall include the names and addresses of contributors who are
residents of Kansas, non-residents with jobs in Kansas, and those
making contributions earmarked for use in Kansas. Other
contributions may be disclosed in aggregate. K.A.R. § 19-21-6.
OR

File a statement of organization under K.S.A. § 25-4145, establish
a separate fund for the purpose of receiving contributions and
making expenditures relating to any election for state office in this
state and file statements and reports involving such fund in the
manner provided by K.S.A. 25-4148 for political committees and
party committees. K.S.A. § 25-4172(a)(2).
K.S.A. § 25-4172.
o Exceptions
The above reporting requirements do not apply to: (1) any political party
having a national organization which reports under federal law, (2) a bona
fide corporation organized under the laws of another state or (3) a union, if
the contribution is made from union funds. K.S.A. § 25-4172(b).
PAC Termination

To terminate, a PAC’s treasurer must file a termination report with the Secretary
of State if it has been involved with a candidate for state office. If the PAC has
been involved with a candidate for local office, a report must be filed with the
county election officer. The termination report shall include full information on the
disposition of residual funds. Any report of final contributions and expenditures
may include a termination report. K.S.A. § 25-4157.
BALLOT MEASURES
Important Note: Kansas does not allow for statewide initiative or referendums at the
state level. However, Kansas does allow for legislatively-referred constitutional
amendments, in which the state legislature, by a 2/3 vote, approves the placement of a
constitutional amendment on the ballot, which requires a simple majority vote in order to
be approved.

Constitutional Amendments
Contributions to any person promoting or opposing constitutional amendments
trigger registration and reporting requirements. There are no contribution limits.
An annual report is required showing all individual contributions or contributions
12
in-kind which in the aggregate exceed $50 in a calendar year. The annual report
must be filed with the secretary of state on or before February 15 of each year for
the preceding calendar year. An additional report is required by such persons 15
days prior to the constitutional election. K.S.A. § 25-4180(a). The rules do not
differ for out-of-state contributors, and independent expenditures are reasonably
determined in the same manner as described above.

Local Ballot Measures
Popular vote elections for city, county and other local measures do occur in
Kansas. Persons promoting their adoption or defeat must file an annual report of
contributions and expenditures with the county election officer. K.S.A. § 25-901.
ENFORCEMENT AND PENALTIES

The Governmental Ethics Commission sends notice to any person who fails to
file a required report, and a civil penalty of $10 per day up to $300 may be
imposed. K.S.A. § 25-4152. Commission hearings to determine violation issues
may also be initiated by a complaint. K.S.A. §§ 25-4160 to 4163. The
commission may impose fines of $5,000 to $15,000 per violation, may issue
cease and desist orders and may seek an injunction. K.S.A. §§ 25-4181 to 4183.
If a violation is found, it is referred to the state attorney general for criminal
prosecution. K.S.A. § 25-4164. If the violator is a state legislator, it is referred to
the Legislature for possible censure or disqualification. If the violator is an
elected judicial officer, it is referred to the Supreme Court for possible action.
Other violators may be ousted from office. K.S.A. § 25-4166.

Violations for fraudulent reports, failure to file reports, misuse of public property
and excessive contributions are class A misdemeanors. K.S.A. § 25-4167 to
4171.
13
CONTACT INFORMATION FOR STATE AND LOCAL AGENCIES
Kansas Government Ethics
Commission
109 SW 9th Street, Suite 504
Topeka, KS 66612
785-296-4219
www.kansas.gov/ethics
Kansas Secretary of State
Elections and Legislative Matters
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
785-296-4564
www.kssos.org
Written by David Prager, III. Topeka, KS.
FOR FURTHER ASSISTANCE
For assistance regarding these resources or for more information
about federal law, please contact our attorney one-on-one counseling
service:
Email: [email protected]
Telephone: 1-866-NPLOBBY
(675-6229)
For assistance regarding state law in Kansas, please contact:
David Prager, III
3929 S.W. Friar Rd.
Topeka, KS 66610
785-554-6768
[email protected]
© Copyright 2012. These materials are copyrighted and may not be reproduced without permission.
14