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25-4157a. Contributions; personal use prohibited; uses permitted; acceptance from another candidate or candidate committee; disposition of unexpended balances on termination of campaign. (a) (1) No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for the personal use of the candidate and no such moneys shall be used by such candidate or the candidate committee of such candidate except for:

(A) Legitimate campaign purposes;

(B) expenses of holding political office;

(C) contributions to the party committees of the political party of which such candidate is a member;

(D) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate;

(E) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate or candidate committee of any candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations;

(F) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community;

(G) expenses incurred in the purchase and mailing of greeting cards to voters and constituents;

(H) expenses, compensation or gifts provided to any volunteer, staff member or contractor of the candidate's campaign or provided to any volunteer or staff of the candidate's political office if the total amount of such expenses, compensation or gifts provided to such persons from all sources does not exceed the total fair market value of services provided to the candidate's campaign or political office;

(I) payment of any civil penalty or fine imposed by the commission pursuant to this act related to the candidate's campaign and that is incurred by the candidate, candidate committee, treasurer or other agent of the candidate; or

(J) payment of legal fees related to any investigation or action under this act.

(2) For the purpose of this subsection, expenditures for "personal use" includes expenditures to defray normal living expenses for the candidate or the candidate's family and expenditures for the personal benefit of the candidate having no direct connection with or effect upon the campaign of the candidate or the holding of public office.

(b) No moneys received by any candidate or candidate committee of any candidate as a contribution shall be used to pay interest or any other finance charges upon moneys loaned to the campaign by such candidate or the spouse of such candidate.

(c) No candidate or candidate committee shall accept from any other candidate or candidate committee for any candidate for local, state or national office, any moneys received by such candidate or candidate committee as a campaign contribution. The provisions of this subsection shall not be construed to prohibit a candidate or candidate committee from accepting moneys from another candidate or candidate committee if such moneys constitute a reimbursement for one candidate's proportional share of the cost of any campaign activity participated in by both candidates involved. Such reimbursement shall not exceed an amount equal to the proportional share of the cost directly benefiting and attributable to the personal campaign of the candidate making such reimbursement.

(d) At the time of the termination of any campaign and prior to the filing of a termination report in accordance with K.S.A. 25-4157, and amendments thereto, all residual funds otherwise not obligated for the payment of expenses incurred in such campaign or the holding of office shall be contributed to a charitable organization, as defined by the laws of the state, contributed to a party committee or returned as a refund in whole or in part to any contributor or contributors from whom received or paid into the general fund of the state.

History: L. 1989, ch. 111, § 1; L. 1990, ch. 306, § 8; L. 1991, ch. 150, § 12; L. 1992, ch. 234, § 1; L. 1995, ch. 157, § 1; L. 1998, ch. 117, § 12; L. 2008, ch. 166, § 6; L. 2015, ch. 85, § 9; L. 2023, ch. 23, § 5; April 20.

Cross References to Related Sections:

Use in campaign for federal elective office, see 25-4153(f).

Governmental Ethics Commission Opinions:

Member of legislature may sponsor contest and award prizes to participants in new law suggestions contests; use of campaign funds for such purpose discussed. 90-18.

Legislator who is not seeking reelection cannot use any remaining campaign funds to endorse a candidate; termination of campaign fund account. 92-38.

State candidate may not accept contributions from national candidate campaign committee or campaign funds from other state of local candidates. 93-1.

Candidate who received money from state party committee or political committee and then returns that money to such committee is making a contribution. 93-8.

Contributions from candidate's campaign funds to state or county party committees or PACS are not permissible. 92-18, 92-24, 93-18.

Governor's use of campaign funds to promote programs submitted to legislature discussed. 93-39.

Conditions for termination of political campaign and final distribution of campaign funds; limitations. 93-43.

Mayor elected on nonpartisan basis; use of campaign funds to pay expenses to attend national convention of political party. 96-7.

Use of campaign funds to pay expenses to attend national political party convention. 96-14.

Use of campaign funds by candidates and elected office holders; list of examples. 96-16.

Use of campaign funds by candidates and elected office holders; comprehensive list of examples. 96-20.

Donation of flags purchased with campaign funds. 96-21.

Payment of costs for hosting a reception at Kansas Day from campaign funds of candidate. 96-27.

Losing candidate for state office transferring excess campaign funds to campaign account for local elective office. 97-03.

State legislator; purchase of subscriptions to newspapers and other publications with campaign funds. 97-04.

State legislator; use of legislative campaign funds to run for county office. 97-17.

Liability of candidate and/or treasurer for debts incurred in campaign. 97-31.

Member of city council; use of personal campaign funds to support or oppose ballot proposition. 1998-25.

Payment of legal fees resulting from lawsuit brought against campaign workers. 1998-35.

Use of campaign funds to pay costs of defending against a recall proceeding. 1999-13.

Contribution of unused campaign funds to charity. 1999-23.

Use of campaign funds to sponsor College Republican National Committee. 1999-24 (Revised).

Legislators may not use campaign funds to pay membership dues of Kansas Conservative Caucus, Inc. 1999-36.

Sheriff may use campaign funds in defense of civil ouster proceeding. 2000-03.

Use of campaign funds by governor at Republican national convention. 2000-24.

Use of campaign funds to pay for replacement on radio talk program. 2000-27.

Use of campaign funds for mileage. 2000-51.

When one member of governor/lieutenant governor team leaves the campaign, treasurer must determine share of campaign funds belonging to each candidate. 2002-09.

Value of in-kind contribution may be returned to contributor (at fair market value). 2004-06.

Campaign funds may not be used to provide college scholarships. 2005-03.

Campaign contributions may be used to mail newsletters to constituents. 2006-01.

Same entity may contribute to a current office holder's campaign account and to a campaign account for a different office for which the same officer holder is a candidate. 2006-04.

State employee may be member of political action committee, serve as its president; must comply with K.S.A. 25-4169a restrictions. 2006-16.

Mailing by political action committee endorsing its chairman for office in-kind contribution; valuation of. 2006-17.

Use of campaign funds to purchase vehicle. 2007-01.

Use of campaign funds to pay for unreimbursed expenses of rental vehicle to perform legislative duties. 2007-05.

Use of campaign funds to pay for unreimbursed vehicle expenses will be limited by state mileage reimbursement rate. 2007-14.

Residual campaign funds may be contributed to charitable organizations. 2009-01.

Contributing campaign funds to a party committee with directions to distribute such funds to specified candidates, is prohibited. 2010-05.

Legislators may expend approximately $65 each from campaign funds to provide drinking water in the state capitol legislative offices for visitors and staff. 2011-7.

A candidate for elected office may use campaign contributions in the candidate's campaign account as collateral to secure a personal loan, if the proceeds are loaned to the candidate's campaign. 2016-01.

Campaign funds may be used for childcare expenses if such expenses would not exist irrespective of the campaign for public office. 2018-04.

Cost of damages to personal vehicle occurring during campaign are limited to state mileage reimbursement rate. 2019-02.

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