Kansas Statutes 25-4148. Reports required of treasurer; when filed; contents; electronic filing, when required
Terms Used In Kansas Statutes 25-4148
- Candidate: means an individual who:
(1) Appoints a treasurer or a candidate committee;
(2) makes a public announcement of intention to seek nomination or election to state or local office;
(3) makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or local office. See Kansas Statutes 25-4143
- Candidate committee: means a committee appointed by a candidate to receive contributions and make expenditures for the candidate. See Kansas Statutes 25-4143
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Commission: means the governmental ethics commission. See Kansas Statutes 25-4143
- Contribution: means :
(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;
(B) any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;
(C) a transfer of funds between any two or more candidate committees, party committees or political committees;
(D) the payment, by any person other than a candidate, candidate committee, party committee or political committee, of compensation to an individual for the personal services rendered without charge to or for a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in journals or programs for, testimonial events; or
(F) a mailing of materials designed to expressly advocate the nomination, election or defeat of a clearly identified candidate, which is made and paid for by a party committee with the consent of such candidate. See Kansas Statutes 25-4143
- Election: means :
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a candidate for state or local office. See Kansas Statutes 25-4143
- Expenditure: means :
(A) Any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made by a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;
(B) any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate committees, party committees or political committees; or
(E) payment of a candidate's filing fees. See Kansas Statutes 25-4143
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- General election: refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year. See Kansas Statutes 77-201
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Local office: means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities. See Kansas Statutes 25-4143
- Party committee: means :
(1) The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(2) the county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
(3) the bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;
(4) the political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;
(5) the political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; or
(6) the political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee. See Kansas Statutes 25-4143
- Person: means any individual, committee, corporation, partnership, trust, organization or association. See Kansas Statutes 25-4143
- Political committee: means any combination of two or more individuals or any person 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 or make contributions to or expenditures for the nomination, election or defeat of a clearly identified candidate for state or local office. See Kansas Statutes 25-4143
- Receipt: means a contribution or any other money or thing of value, but not including volunteer services provided without compensation, received by a treasurer in the treasurer's official capacity. See Kansas Statutes 25-4143
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State office: means any state office as defined in Kan. See Kansas Statutes 25-4143
- Testimonial events: includes , but are not limited to, dinners, luncheons, rallies, barbecues and picnics. See Kansas Statutes 25-4143
- Treasurer: means a treasurer of a candidate or of a candidate committee, a party committee or a political committee appointed under the campaign finance act or a treasurer of a combination of individuals or a person other than an individual which is subject to Kan. See Kansas Statutes 25-4143
(a) Every treasurer shall file a report prescribed by this section. Reports filed by treasurers for candidates for state office, other than officers elected on a state-wide basis, shall be filed in both* with the office of the secretary of state. Reports filed by treasurers for candidates for state-wide office shall be filed electronically and only with the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the name of the candidate is on the ballot. Except as otherwise provided by subsection (h), all such reports shall be filed in time to be received in the offices required on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall be for the period beginning on January 1 of the election year for the office the candidate is seeking and ending 12 days before the primary election, inclusive;
(2) the eighth day preceding a general election, which report shall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall be for the period beginning 11 days before the general election and ending on December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be filed on the next January 10 for the preceding calendar year;
(5) a treasurer shall file only the annual report required by subsection (4) for those years when the candidate is not participating in a primary or general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or more contributions in an aggregate amount or value in excess of $50 during the election period together with the amount and date of such contributions, including the name and address of every lender, guarantor and endorser when a contribution is in the form of an advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of political materials such as, but not limited to, political campaign pins, buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures have been made in an aggregate amount or value in excess of $50, with the amount, date, and purpose of each; the names and addresses of all persons to whom any loan or advance has been made; when an expenditure is made by payment to an advertising agency, public relations firm or political consultants for disbursement to vendors, the report of such expenditure shall show in detail the name of each such vendor and the amount, date and purpose of the payments to each;
(8) the name and address of each person from whom an in-kind contribution was received or who has paid for personal services provided without charge to or for any candidate, candidate committee, party committee or political committee, if the contribution is in excess of $100 and is not otherwise reported under subsection (b)(7), and the amount, date and purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this section; and
(10) the total of expenditures.
(c) In addition to the requirements of subsection (b), every treasurer for any political committee and party committee shall report the following:
(1) (A) The name and address of each candidate for state or local office for whom an expenditure in the form of an in-kind contribution has been made in an aggregate amount or having a fair market value in excess of $300, with the amount, date and purpose of each. The report shall show in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office who is the subject of an expenditure which:
(i) Is made without the cooperation or consent of a candidate or candidate committee;
(ii) expressly advocates the nomination, election or defeat of such candidate; and
(iii) is an aggregate amount or having a fair market value in excess of $300.
(2) The report shall state the amount, date and purpose of the expenditure in the form of an in-kind contribution. The report shall show in detail the specific service or product provided. The reporting requirements imposed by this subsection shall be in addition to all other requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall itemize the purchase of tickets or admissions to testimonial events by a person who purchases such tickets or admissions in an aggregate amount or value in excess of $50 per event, or who purchases such a ticket or admission at a cost exceeding $25 per ticket or admission. All other purchases of tickets or admissions to testimonial events shall be reported in an aggregate amount and shall not be subject to the limitations specified in Kan. Stat. Ann. § 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is required to be reported under subsection (b), the report shall include the full name of the organization with which the political committee is connected or affiliated or, a description of the connection to or affiliation with such organization. If, the committee is not connected or affiliated with any one organization, the report shall state the trade, profession or primary interest of the political committee as reflected by the statement of purpose of such organization.
(f) The commission may require any treasurer to file an amended report for any period for which the original report filed by such treasurer contains material errors or omissions. The notice of the errors or omissions shall be part of the public record. The amended report shall be filed within 30 days after notice by the commission.
(g) The commission may require any treasurer to file a report for any period for which the required report is not on file. The notice of the failure to file shall be part of the public record. Such report shall be filed within five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to subsection (a) by the treasurer of any candidate seeking nomination by convention or caucus or by the treasurer of the candidate’s committee or by the treasurer of any party committee or political committee, the date of the convention or caucus shall be considered the date of the primary election.
(i) If a report is sent by certified or registered mail on or before the day it is due, the mailing shall constitute receipt by that office.
(j) Any report required by this section may be signed by the candidate in lieu of the candidate’s treasurer or the treasurer of the candidate’s committee.