Kansas Campaign Finance Act: Law And History

Campaign finance laws in Kansas govern how much money candidates may receive from individuals and organisations, how much and how often they must report those contributions, and how much individuals, organisations, and political parties may contribute to campaigns. The Kansas Governmental Ethics Commission and the Office of the Kansas Secretary of State are the two primary agencies involved in campaign finance regulation in the state. The former enforces the Campaign Finance Act (CFA) for elected state offices as well as local offices, including the Wichita school board and the Kansas City Board of Public Utilities. The CFA permits any individual, political action committee (PAC), party committee, corporation, partnership, trust, organisation, or association to make a campaign contribution to a state or local candidate or party committee.

The Kansas Governmental Ethics Commission

The GEC is tasked with overseeing the administration of all national and state elections in Kansas. It is responsible for enforcing campaign finance requirements, such as contribution limits for candidates and reporting obligations. These requirements govern how much money candidates may receive from individuals and organisations, how often and how much they must report these contributions, and how much individuals, organisations, and political parties can contribute to campaigns.

In addition, the GEC is in charge of administering and enforcing the state's lobbying law. This law mandates the registration and reporting of expenditures by lobbyists, with the Lobbyist Expenditure Report providing public access to this information.

The GEC also has legislative duties, including designing and providing all forms required to be filed under the CFA. All candidates, party committees, and political action committees under the GEC must file either an Affidavit of Exemption from Filing Receipts and Expenditures Reports or periodic Receipts and Expenditures Reports, depending on their circumstances. The GEC's staff scans and makes these forms available for viewing, with statistics and contributor names accessible through their website.

The GEC's contact information is as follows:

• Phone: (785) 296-4219
• Address: 901 S Kansas Ave., Topeka, KS 66612
• Email: KGEC_Ethics@ks.gov
• Twitter: @KansasEthics

The Office of the Kansas Secretary of State

The Secretary of State's office is the public repository for all state-level campaign finance forms, reports, and statements. Candidates for state office must file their Appointment of Treasurer form with the Secretary of State, while candidates for local office file these forms with their county clerk/county election commissioner. Party committees and political action committees (PACs) must file Statements of Organization in the Secretary of State's Office, and PACs must pay an annual registration fee to the GEC.

All candidates, party, and PACs under the purview of the GEC must file either an Affidavit of Exemption from Filing Receipts and Expenditures Reports or periodic Receipts and Expenditures Reports, depending on which is applicable. State candidate receipts and expenditures reports are filed with the Secretary of State's office, while 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.

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. Statewide candidates are required to file last-minute contribution reports electronically with the Secretary of State, while 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.

Campaign finance requirements

• How much money candidates may receive from individuals and organisations
• How much and how often candidates must report those contributions
• How much individuals, organisations, and political parties may contribute to campaigns

These laws also apply to third-party organisations and nonprofit organisations that seek to influence elections through independent expenditures or issue advocacy.

Kansas Governmental Ethics Commission

The Kansas Governmental Ethics Commission (GEC) is the state agency charged with administering, interpreting, and enforcing the Campaign Finance Act (CFA) for elected state offices, as well as for local offices including county, first-class city, Wichita school board, and the Kansas City Board of Public Utilities. The GEC is also responsible for overseeing the administration of all national and state elections in Kansas.

The Commission is statutorily charged with designing and providing all forms required to be filed under the CFA. All candidates, party and political action committees under the purview of the Commission must file either an Affidavit of Exemption from Filing Receipts and Expenditures Reports or file periodic Receipts and Expenditures Reports, depending on which is applicable.

Campaign Finance Forms and Reports

Campaign finance forms and reports submitted on behalf of candidates for state office, party and political action committees are scanned immediately by the Commission’s staff and are made available for viewing. A search of these forms may also be conducted from the GEC website.

Campaign Treasurer

Each candidate is required by law to appoint a treasurer or candidate committee within 10 days of becoming a candidate. Upon doing so, the candidate must file an Appointment of Treasurer or Candidate Committee form within 10 days. A candidate for state office must file this form with the Kansas Secretary of State. Contributions cannot be received and expenditures cannot be made until this form is filed.

The treasurer's duties include:

• Receiving and recording all contributions, including the full name and residential address of the contributor, as well as the date of receipt and amount of the contribution
• Depositing all receipts and making all disbursements by check from the campaign checking account
• Keeping copies of all contributors' checks in excess of $50
• Keeping written receipts for cash and in-kind contributions of $10 or greater
• Obtaining the occupation and industry of the individual, and recording the occupation and industry of each contributor for any contribution over $150
• Keeping a list of all individuals authorised to solicit or receive contributions on behalf of the candidate or committee
• Retaining all bank statements, cancelled checks, voided checks, and cancelled deposit slips
• Documenting each expenditure, including the full name and address of the payee, as well as the date, purpose, and amount of the expenditure

Reporting Requirements

A candidate and/or his or her committee is required to file regular campaign finance reports. All such reports must include the following types of information:

• Contributions and other receipts, including the date the contribution was received, the name and address of the contributor, and the amount received from each contributor whose contribution exceeds $50 in aggregate for any reporting period; if the contribution is greater than $150, the occupation and industry of the contributor must also be noted
• The sum of all monetary contributions from contributors who gave $50 or less
• The gross amount of total sales of political materials, such as campaign buttons, hats, banners, etc.
• The sum of legal contributions from anonymous donors (anonymous contributions of $10 or less are permitted)
• In-kind contributions, including the date the contribution was received, the name and address of the in-kind contributor, a description of the contribution, and the amount received from each contributor whose in-kind contribution exceeds $100 in aggregate for any reporting period (if the in-kind contribution is greater than $150, the occupation and industry of the contributor must also be noted)
• Expenditures and other disbursements, including the date the expenditure was paid, the name and address of the payee, the purpose, and the amount of each expenditure greater than $50
• The sum of all other expenditures of $50 or less
• Loans and other debts owed by the candidate or committee, including the date the loan or debt was incurred, the name and address of the person to whom the debt is owed, and the amount
• Loans and other debts owed to the candidate or committee, including the date incurred, the name and address of the payee, and the amount

Campaign Finance Legislation

The following is a list of recent campaign finance bills that have been introduced in or passed by the Kansas state legislature:

• Kansas Voting Disqualification Amendment, Constitutional Amendment Question 2 (2010)
• Kansas Elections, Amendment 2 (1974)
• Kansas Constitutional Amendment 2, County Sheriff Election and Recall Amendment (2022)

Campaign finance laws

The GEC is the primary agency charged with administering, interpreting, and enforcing the Campaign Finance Act (CFA) for elected state offices and specific local offices, including county, first-class city, Wichita school board, and the Kansas City Board of Public Utilities. The GEC is responsible for designing and providing all forms required under the CFA, such as the Appointment of Treasurer form, which must be filed by candidates for state and local office. It also collects and scans campaign finance forms and reports, making them available for public viewing.

The Kansas Secretary of State's office, on the other hand, serves as the public repository for all state-level campaign finance forms, reports, and statements. This office receives the campaign finance disclosure reports filed by candidates and political committees. Additionally, it maintains the Elections Division, which oversees candidate filing and election procedures.

The campaign finance laws in Kansas govern various aspects, including:

• Contribution limits: The laws set maximum amounts that individuals, corporations, and unions can contribute to individual candidates, with limits varying based on the office sought (statewide, state senate, or state house).
• Reporting requirements: Candidates and committees are required to regularly file campaign finance reports, disclosing information such as contributions received, expenditures made, and debts owed. These reports must be filed according to specific schedules and include detailed information about the sources and amounts of contributions, as well as the purpose and recipients of expenditures.
• In-kind contributions: The laws define and place limits on in-kind contributions, which are non-monetary donations of goods or services to a campaign.
• Independent expenditures: Independent expenditures are those made without the consent of the candidate and are not subject to contribution limits. However, they must be reported, disclosing the amount, purpose, and recipient of the expenditure.
• Disclosure requirements: The laws mandate the disclosure of certain information in political advertising, such as the costs associated with news stories, commentaries, or editorials distributed by TV stations, radio stations, or newspapers.
• Prohibited activities: Campaign finance laws prohibit certain activities, such as using public funds, vehicles, or equipment to influence the nomination or election of a candidate.

It is important to note that the specific regulations and requirements may change over time, and it is advisable to refer to the most up-to-date information provided by official sources, such as the Kansas Governmental Ethics Commission and the Office of the Kansas Secretary of State.

Campaign finance reform

The CFA regulates how much money candidates may receive from individuals and organizations, how often and how much they must report these contributions, and how much individuals, organizations, and political parties can contribute to campaigns. The Act also covers third-party organizations and nonprofits that aim to influence elections through independent expenditures or issue advocacy.

As of May 2015, individuals, corporations, and unions had limits on their contributions to individual candidates. These included maximum donations of $2,000 to statewide candidates, $1,000 to state senate candidates, and $500 to state house candidates. However, these donors could make unlimited contributions to ballot measure campaigns.

The CFA also outlines requirements for campaign treasurers, reporting procedures, contribution limitations, and permitted uses of campaign funds. For instance, campaign funds can be used for any legitimate campaign purpose, holding political office, or making donations to a party committee. On the other hand, campaign funds cannot be used for personal use or to defray the normal living expenses of the candidate or their family.

In Kansas, there are specific agencies dedicated to campaign finance regulation, and they enforce the laws and requirements that aim to promote transparency and fairness in the political process.

Frequently asked questions