(1) For purposes of applying the contribution
limits contained in
KRS
121.150, permanent committees shall be
considered affiliated committees if they are established, financed, maintained,
or controlled by or in common control with:
(a) A single corporation or its
subsidiaries;
(b) A single national
or international union or its state and local unions or subordinate
organizations; and
(c) A membership
organization, other than a political party committee, including a trade or
professional association or group.
(2) The registry may examine the relationship
between organizations that sponsor committees, between the committees
themselves, or between one (1) sponsoring organization and a committee
established by another organization to determine whether the committees are
affiliated. In determining whether committees not otherwise covered by this
administrative regulation are affiliated for purposes of contribution
limitations, the registry may consider the circumstantial factors described in
this subsection in the context of the overall relationship between the
entities. Such factors include, but shall not be limited to:
(a) Whether a sponsoring organization of one
(1) committee owns a controlling interest in the voting stock or securities of
the sponsoring organization of another committee;
(b) Whether a sponsoring organization or
committee has the authority or ability to direct or participate in the
governance of another sponsoring organization or committee through provisions
of constitutions, bylaws, contracts, or other rules, or through formal or
informal practices or procedures;
(c) Whether a sponsoring organization or
committee has the authority or ability to hire, appoint, demote, or otherwise
control the officers or other decision-making employees or members of another
sponsoring organization or committee;
(d) Whether a sponsoring organization or
committee has a common or overlapping membership or common contributors with
another sponsoring organization or committee which indicates a formal or
ongoing relationship between the sponsoring organizations or
committees;
(e) Whether a
sponsoring organization or committee has any members, officers, or employees
who were members, officers, or employees of another sponsoring organization or
committee which indicates the creation of an alter ego of the original
committee; and
(f) Whether a
sponsoring organization or committee provides funds or goods in a significant
amount or on an ongoing basis to another sponsoring organization or committee,
such as through direct or indirect payments for administrative, fundraising, or
other costs.
