Current through Register Vol. 43, No. 12, March 20, 2024
(a) Each disclosure required pursuant to K.S.A.
25-4156(b)(1)(A)-(C) and amendments thereto shall appear at the bottom of the
advertisement or item and shall contain both the name of the chairperson,
treasurer, or other responsible party and the name of the organization that the
responsible party represents. With regard to the required disclosure, the
following requirements shall apply:
(1) The name of the organization alone shall not be sufficient.
(2) If a political committee is responsible for the
advertisement or item, the chairperson's name and the name of the political
committee shall be disclosed.
(3) If a candidate or candidate committee is responsible for
the advertisement or item, the treasurer's name and the name of the candidate
or candidate committee shall be disclosed.
(4) If an organization that has a chairperson, other than a
political committee, candidate, or candidate committee, is responsible for the
advertisement or item, the chairperson's name and the name of the responsible
organization shall be disclosed.
(5) If an organization that does not have a chairperson, other
than a political committee, candidate, or candidate committee, is responsible
for the advertisement or item, then the responsible individual listed shall be
one of the following:
(A) The individual who is the primary funding source;
(B) if no individual is the primary funding source, the
individual who controlled the decision to place the advertisement or produce
the item; or
(C) if no one individual controlled the decision, the
individual who controlled the funds.
(6) If an individual is responsible for the item, that
individual's name shall be disclosed, unless the advertisement or item is a
brochure, flier, or other political fact sheet and the individual makes
expenditures in an aggregate amount of less than $2,500 within a calendar year.
(7) The following disclosures shall be considered adequate when
placed at the bottom of the advertisement or item:
(A) Paid for by the (name of candidate) campaign, (name of
treasurer), treasurer;
(B) paid for by (name of candidate) for (title of office
sought), (name of treasurer), treasurer;
(C) sponsored by the committee to elect (name of candidate),
(name of chairperson), chairperson;
(D) paid for by (name of political action committee) political
action committee, (name of treasurer), treasurer; and
(E) advertisement: paid for by committee to elect (name of
candidate), (name of chairperson), chairperson.
(b) The phrase "brochure, flier or other political fact sheet,"
as used in K.S.A. 25-4156 and amendments thereto, shall include the following
if the items "expressly advocate the nomination, election or defeat of a
clearly identified candidate," as defined by K.S.A. 25-4143 and amendments
thereto:
(1) Business cards;
(2) door hangers;
(3) windshield fliers;
(4) postcards;
(5) fund-raiser invitations;
(6) traditional brochures, fliers, or mailers; and
(7) web sites, e-mails, or other types of internet
communications.
(c) The phrase "brochure, flier or other political fact sheet"
shall not include any of the following:
(1) Yard signs;
(2) billboards;
(3) bumper stickers;
(4) envelopes;
(5) t-shirts;
(6) pens, pencils, rulers, magnets, or other trinket items; or
(7) fund-raiser invitations, business cards, brochures, or
fliers if these items do not expressly advocate the nomination, election or
defeat of a clearly identified candidate.
(d) A postal or internet address that contains words that
expressly advocate the nomination, election or defeat of a clearly identified
candidate shall be considered political advertising if that address is
published. Published matter containing an address that constitutes political
advertising shall require a disclosure pursuant to K.S.A. 25-4156 and
amendments thereto.