121.150 Campaign contribution and loan restrictions and expenditure limitations.

Download pdf

Loading PDF...


121.150 Campaign contribution and loan restrictions and expenditure limitations. (1) No contribution shall be made or received, directly or indirectly, other than an independent expenditure, to support inauguration activities or to support or defeat a <br>candidate, slate of candidates, constitutional amendment, or public question which <br>will appear on the ballot in an election, except through the duly appointed campaign <br>manager, or campaign treasurer of the candidate, slate of candidates, or registered <br>committee. Any person making an independent expenditure, shall report these <br>expenditures when the expenditures by that person exceed five hundred dollars <br>(&#36;500) in the aggregate in any one (1) election, on a form provided or using a format <br>approved by the registry and shall sign a statement on the form, under penalty of <br>perjury, that the expenditure was an actual independent expenditure and that there <br>was no prior communication with the campaign on whose behalf it was made. (2) Except as provided in KRS 121.180(10), the solicitation from and contributions by campaign committees, caucus campaign committees, political issues committees, <br>permanent committees, and party executive committees to any religious, charitable, <br>civic, eleemosynary, or other causes or organizations established primarily for the <br>public good is expressly prohibited; except that it shall not be construed as a <br>violation of this section for a candidate or a slate of candidates to contribute to <br>religious, civic, or charitable groups. (3) No candidate, slate of candidates, committee, or contributing organization, nor anyone acting on their behalf, shall accept any anonymous contribution in excess of <br>fifty dollars (&#36;50), and all anonymous contributions in excess of fifty dollars (&#36;50) <br>shall be returned to the donor, if the donor can be determined. If no donor is found, <br>the contribution shall escheat to the state. No candidate, slate of candidates, <br>committee, or contributing organization, nor anyone acting on their behalf shall <br>accept anonymous contributions in excess of one thousand dollars (&#36;1,000) in the <br>aggregate in any one (1) election. Anonymous contributions in excess of one <br>thousand dollars (&#36;1,000) in the aggregate which are received in any one (1) <br>election shall escheat to the state. (4) No candidate, slate of candidates, committee, or contributing organization, nor anyone on their behalf, shall accept a cash contribution in excess of fifty dollars <br>(&#36;50) in the aggregate from each contributor in any one (1) election. No candidate, <br>slate of candidates, committee, or contributing organization, nor anyone on their <br>behalf, shall accept a cashier's check or money order in excess of the maximum cash <br>contribution limit unless the instrument clearly identifies both the payor and the <br>payee. A contribution made by cashier's check or money order which identifies both <br>the payor and payee shall be treated as a contribution made by check for purposes of <br>the contribution limits contained in this section. No person shall make a cash <br>contribution in excess of fifty dollars (&#36;50) in the aggregate in any one (1) election <br>to a candidate, slate of candidates, committee, or contributing organization, nor <br>anyone on their behalf. (5) No candidate, slate of candidates, committee, contributing organization, nor anyone on their behalf, shall accept any contribution in excess of one hundred dollars (&#36;100) from any person who shall not become eighteen (18) years of age on or <br>before the day of the next general election. (6) No candidate, slate of candidates, campaign committee, political issues committee, nor anyone acting on their behalf, shall accept a contribution of more than one <br>thousand dollars (&#36;1,000) from any person, permanent committee, or contributing <br>organization in any one (1) election; except that no candidate for school board, his <br>campaign committee, nor anyone acting on their behalf shall accept a contribution <br>of more than one hundred dollars (&#36;100) from any person or more than two hundred <br>dollars (&#36;200) from any permanent committee or contributing organization in any <br>one (1) election. No person, permanent committee, or contributing organization <br>shall contribute more than one thousand dollars (&#36;1,000) to any one (1) candidate, <br>campaign committee, political issues committee, nor anyone acting on their behalf, <br>in any one (1) election; except that no person shall contribute more than one <br>hundred dollars (&#36;100) and no permanent committee or contributing organization <br>shall contribute more than two hundred dollars (&#36;200) to any one (1) school board <br>candidate, his campaign committee, nor anyone acting on their behalf, in any one <br>(1) election. (7) Permanent committees or contributing organizations affiliated by bylaw structure or by registration, as determined by the Registry of Election Finance, shall be <br>considered as one (1) committee for purposes of applying the contribution limits of <br>subsection (6) of this section. (8) No permanent committee shall contribute funds to another permanent committee for the purpose of circumventing contribution limits of subsection (6) of this section. (9) No person shall contribute funds to a permanent committee, political issues committee, or contributing organization for the purpose of circumventing the <br>contribution limits of subsection (6) of this section. (10) No person shall contribute more than one thousand five hundred dollars (&#36;1,500) to all permanent committees and contributing organizations in any one (1) year. (11) No person shall contribute more than two thousand five hundred dollars (&#36;2,500) to the state executive committee of a political party and its subdivisions and affiliates <br>in any one (1) year. No person shall contribute more than two thousand five <br>hundred dollars (&#36;2,500) to a caucus campaign committee in any one (1) year. <br>Contributions a person makes to any executive committee other than the state <br>executive committee in excess of one thousand dollars (&#36;1,000) in any one (1) year <br>shall be deposited in a separate account which the state executive committee <br>maintains for the exclusive purpose of paying administrative costs incurred by the <br>political party. (12) No person shall make a payment, distribution, loan, advance, deposit, or gift of money to another person to contribute to a candidate, a slate of candidates, <br>committee, contributing organization, or anyone on their behalf. No candidate, slate <br>of candidates, committee, contributing organization, nor anyone on their behalf <br>shall accept a contribution made by one (1) person who has received a payment, <br>distribution, loan, advance, deposit, or gift of money from another person to contribute to a candidate, a slate of candidates, committee, contributing <br>organization, or anyone on their behalf. (13) No candidates running as a slate for the offices of Governor and Lieutenant Governor shall make combined total personal loans to their committee in excess of <br>fifty thousand dollars (&#36;50,000) in any one (1) election. No candidate for any other <br>statewide elected state office shall lend to his committee any amount in excess of <br>twenty-five thousand dollars (&#36;25,000) in any one (1) election. In campaigning for <br>all other offices, no candidate shall lend to his committee more than ten thousand <br>dollars (&#36;10,000) in any one (1) election. (14) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for nomination to any state, county, city, or district office, nor their <br>campaign committees, nor anyone on their behalf, shall solicit or accept <br>contributions for primary election expenses after the date of the primary. No person <br>other than the candidate or slate of candidates shall contribute for primary election <br>expenses after the date of the primary. (15) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for any state, county, city, or district office at a regular election, nor their <br>campaign committees, nor anyone on their behalf, shall solicit or accept <br>contributions for regular election expenses after the date of the regular election. No <br>person other than the candidate or slate of candidates shall contribute for regular <br>election expenses after the date of the regular election. (16) Subject to the provisions of subsection (18) of this section, no candidate or slate of candidates for nomination or election to any state, county, city, or district office, nor <br>their campaign committees, nor anyone on their behalf, shall solicit or accept <br>contributions for special election expenses after the date of the special election. No <br>person other than the candidate or slate of candidates shall contribute for special <br>election expenses after the date of the special election. (17) The provisions of subsections (14) and (15) of this section shall apply only to those candidates in a primary or regular election which shall be conducted subsequent to <br>January 1, 1989. The provisions of subsection (16) of this section shall apply only <br>to those candidates or slates of candidates in a special election which shall be <br>conducted subsequent to January 1, 1993. (18) A candidate, slate of candidates, or a campaign committee may solicit and accept contributions after the date of a primary election, regular election, or special <br>election to defray necessary expenses that arise after the date of the election <br>associated with election contests, recounts, and recanvasses of a specific election, <br>complaints regarding alleged campaign finance violations that are filed with the <br>registry pertaining to a specific election, or other legal actions pertaining to a <br>specific election to which a candidate, slate of candidates, or campaign committee is <br>a party. Reports of contributions received and expenditures made after the date of <br>the specific election shall be made in accordance with KRS 121.180. (19) No slate of candidates for Governor and Lieutenant Governor or their immediate families shall loan any money, service, or other thing of value to their campaign, <br>and all moneys, services, or other things of value which are loaned shall be deemed a contribution, which may not be recovered by the slate of candidates, except to the <br>extent of a combined total of fifty thousand dollars (&#36;50,000). (20) No candidate, slate of candidates, committee, except a political issues committee, or contributing organization, nor anyone on their behalf, shall knowingly accept a <br>contribution from a corporation, directly or indirectly. (21) Nothing in this section shall be construed to restrict the ability of a corporation to administer its permanent committee insofar as its actions can be deemed not to <br>influence an election as prohibited by KRS 121.025. (22) No candidate, slate of candidates, or committee, nor anyone on their behalf, shall solicit a contribution of money or services from a state employee, whether or not the <br>employee is covered by the classified service provisions of KRS Chapter 18A. <br>However, it shall not be a violation of this subsection for a state employee to <br>receive a solicitation directed to him as a registered voter in an identified precinct as <br>part of an overall plan to contact voters not identified as state employees. (23) (a) A candidate or a slate of candidates for elective public office shall not accept contributions from permanent committees which, in the aggregate, exceed <br>fifty percent (50%) of the total contributions accepted by the candidate or a <br>slate of candidates in any one (1) election or ten thousand dollars (&#36;10,000) in <br>any one (1) election, whichever is the greater amount. The percentage of the <br>total contributions or dollar amounts of contributions accepted by a candidate <br>or a slate of candidates in an election that is accepted from permanent <br>committees shall be calculated as of the day of each election. Funds in a <br>candidate's or a slate of candidates' campaign account which are carried <br>forward from one (1) election to another shall not be considered in calculating <br>the acceptable percentage or dollar amount of contributions which may be <br>accepted from permanent committees for the election for which the funds are <br>carried forward. A candidate or a slate of candidates may, without penalty, <br>contribute funds to his campaign account not later than sixty (60) days <br>following the election so as not to exceed the permitted percentage or dollar <br>amount of contributions which may be accepted from permanent committees <br>or the candidate or a slate of candidates may, not later than sixty (60) days <br>after the end of the election, refund any excess permanent committee <br>contributions on a pro rata basis to the permanent committees whose <br>contributions are accepted after the aggregate limit has been reached. (b) The provisions of paragraph (a) of this subsection regarding the receipt of aggregate contributions from permanent committees in any one (1) election <br>shall also apply separately to the receipt of aggregate contributions from <br>executive committees of any county, district, state, or federal political party in <br>any one (1) election. (c) The provisions of paragraph (a) of this subsection regarding the receipt of aggregate contributions from permanent committees in any one (1) election <br>shall also apply separately to the receipt of aggregate contributions from <br>caucus campaign committees. (24) No candidate or slate of candidates for any office in this state shall accept a contribution, including an in-kind contribution, which is made from funds in a <br>federal campaign account. No person shall make a contribution, including an in-<br>kind contribution, from funds in a federal campaign account to any candidate or <br>slate of candidates for any office in this state. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 129, sec. 11, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 105, sec. 5, effective March 16, 2005. -- Amended 2000 Ky. Acts <br>ch. 398, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 599, sec. 1, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 153, sec. 3, effective July 15, <br>1996; ch. 188, sec. 1, effective July 15, 1996; and ch. 372, sec. 1, effective April 12, <br>1996. -- Amended 1994 Ky. Acts ch. 458, sec. 8, effective July 15, 1994. -- Amended <br>1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 57, effective September 16, 1993. -- <br>Amended 1992 Ky. Acts ch. 288, sec. 25, effective July 14, 1992. -- Amended 1990 <br>Ky. Acts ch. 314, sec. 1, effective July 13, 1990; and ch. 476, Pt. II, sec. 73, effective <br>July 13, 1990. -- Amended 1988 Ky. Acts ch. 15, sec. 1, effective July 15, 1988; <br>ch. 55, sec. 1, effective March 11, 1988; ch. 118, sec. 2, effective 1991; and ch. 341, <br>sec. 43, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 100, sec. 4, effective <br>July 15, 1986; and ch. 168, sec. 1, effective July 15, 1986. -- Amended 1980 Ky. <br>Acts ch. 292, sec. 6, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 130, <br>sec. 187.