SB 451 — House Substitute for SB451 by House Committee on Elections - Clarifying when contributions may be accepted for the primary and general elections, prohibiting the use of public assets by government officers and employees to advocate for proposed amendments to the constitution of the state of Kansas and ballot questions submitted to voters, requiring campaign finance treasurer reports to include the products and services provided by vendors, requiring reporting of small contributions to the public disclosure commission.

(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;

(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;each such expenditure;

(8)(10) 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 H Sub for SB 451 4 committee or political committee, if the contribution is in excess of $100 and is not otherwise reported under subsection (b)(7), (b)(8) or (b)(9), and the amount, date and purpose of the contribution;

(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.each such expenditure.

SB(i) Is 451—Am.made without the cooperation or consent of a candidate or candidate committee;

by SC 3 (i) Is made without the cooperation or consent of a candidate or candidate committee;

(f) The commission may require any treasurer to file an amended H Sub for SB 451 5 report for any period for which the original report filed by such treasurer contains material errors or omissions.

SB(j) Any 451—Am.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.

by(k) The SCtreasurer 4shall (j) Anymaintain reporta requiredrecord byof thisthe sectionname mayand beaddress signedof byeach theperson candidatewho has made one or more contributions in lieuan aggregate amount or value of the$50 candidate'sor treasurerless, or thewho treasurerhas made an in-kind contribution of $100 or less, or who has provided personal services without charge if the candidate'sservices committee.were valued at $100 or less.

Such name and address shall not be included in any report required to be filed with the secretary of state or the county election officer.

Such information shall be submitted to the public disclosure commission but shall not be included in any report that is required to be made public.

The provisions of this paragraph providing for confidentiality of certain public records shall expire on July 1, 2031, unless the legislature reviews and reenacts such provisions in accordance with K.S.A.

45-2291, and amendments thereto.

2. K.S.A.3. K.S.A.

25-414825-4149 is hereby repealed.amended to read as follows:

25- 4149.

(a) All contributions and other receipts received and expenditures made from and including the January 1 following one general election date until and including the next ensuing primary election date shall be allocated to the primary election on such date, except as provided in K.S.A.

25-4153, and amendments thereto.

All contributions and other receipts received and expenditures made from midnight 12:00 a.m.

on the date of a primary election through and including the December 31 following the date of the next ensuing general election shall be allocated to the general election on such date.

(b) For the purposes of allocating, pursuant to subsection (a), contributions to or expenditures by a candidate seeking nomination by convention or caucus or such candidate's candidate committee, the date of H Sub for SB 451 6 such convention or caucus shall be considered the primary election date.

3. This4. K.S.A. act shall take effect and be in force from and after its publication in the statute book.

25-4169a is hereby amended to read as follows:

25- 4169a.

(a) (1) No officer or employee of the state of Kansas, or any municipality, shall use or authorize the use of public funds or public vehicles, machinery, equipment or supplies of any such governmental agency or the time of any officer or employee of any such governmental agency, for which the officer or employee is compensated by such governmental agency, to expressly advocate the nomination, election or defeat of a clearly identified candidate to state office or local office, to promote or oppose the adoption or repeal of any provisions of the constitution of the state of Kansas or to promote or oppose any ballot question submitted to the qualified electors of this state or any political subdivision thereof.

(b) The provisions of this section prohibiting the use of time of any officer or employee for such purposes shall not apply to an incumbent officer campaigning for nomination or reelection to a succeeding term to such office or to members of the personal staff of any elected officer.

(c) The provisions of this section shall not apply to the statutory duties of the commission on judicial performance pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.

(2)(d) The provisions of this subsection section shall not apply to the use of internet connectivity provided by the state of Kansas or any municipality to any candidate or elected official.

(3)(e) Except as otherwise provided in this section, no municipality shall permit or allow any person to distribute, or cause to be distributed, within any building or other structure owned, leased or rented by such municipality any brochure, flier, political fact sheet or other document which that expressly advocates the nomination, election or defeat of a clearly identified candidate for state or local office or ballot issue unless each candidate or ballot issue committee for such state or local office is permitted or allowed to do so in the same manner.

(4)(f) It shall be a violation of this section for any officer or employee of the state or any municipality to conduct or authorize directed mass communications regarding such ballot questions, such as mailers, flyers, radio advertisements, television advertisements, physical signage and statements posted on social media.  (g) Nothing in this section shall be interpreted to limit the freedom of speech of any officer or employee of the state of Kansas or any municipality who is speaking in the officer's or employee's personal capacity.

This section does not prohibit the state, state agencies or the governing body of any municipality from presenting factual information solely for the purpose of educating voters on a ballot question.

(h) For the purposes of this subsection section, the term municipality H Sub for SB 451 7 shall have the meaning ascribed to it means the same as defined in K.S.A.

12-105a, and amendments thereto.

(b)(i) Any person violating the provisions of this section including failure to provide the disclosure regarding a bond issue shall be guilty of a class C misdemeanor.

Sec.

5. K.S.A.

2025 Supp.

25-4180 is hereby amended to read as follows:

25-4180.

(a) Every person who engages in any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas and who accepts moneys or property for the purpose of engaging in such activity shall make an annual report to the secretary of state of individual contributions or contributions in kind in an aggregate amount or value in excess of $50 received during the preceding calendar year for such purposes.

The report shall show the name and address of each contributor for the activity and the amount or value of the individual contribution made, together with a total value of all contributions received, and also shall account for expenditures in an aggregate amount or value in excess of $50 from such contributions, by showing the amount or value expended to each payee and the purpose of each such expenditure, together with a total value of all expenditures made.

Each person who submits a report shall certify that:

(1) Such person has not knowingly accepted contributions or expenditures either directly or indirectly from a foreign national;

and (2) each donor named in such report is not a foreign national and has not knowingly accepted contributions or expenditures either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such donor's contribution or expenditure.

The annual report shall be filed on or before February 15 of each year for the preceding calendar year.

(b) Each person who is required to make an annual report as provided in subsection (a), shall maintain a record of the name and address of each contributor of $50 or less.

Such information shall be submitted to the public disclosure commission but shall not be included in any report required to be made public.

The provisions of this paragraph providing for confidentiality of certain public records shall expire on July 1, 2031, unless the legislature reviews and reenacts such provisions in accordance with K.S.A.

45-2291, and amendments thereto.

(c) Each person who accepts contributions or expenditures as described in subsection (a) shall require each donor to certify that such donor is not a foreign national and has not knowingly accepted contributions or expenditures either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such donor's contribution or expenditure.

H Sub for SB 451 8 (c)(d) Each person making an independent expenditure for any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas shall, within 48 hours of making such expenditure, certify to the commission that such person has not knowingly accepted any moneys either directly or indirectly from any foreign national that in the aggregate exceed $100,000 within the four-year period immediately preceding the date of such person's expenditure and shall not accept any such moneys during the remainder of the calendar year in which the question of amending the constitution of the state of Kansas is on the ballot.

(d)(e) (1) No person shall accept, directly or indirectly, any contribution or expenditure from a foreign national made for any activity promoting or opposing the adoption or repeal of any provision of the constitution of the state of Kansas.

(2) The attorney general may prosecute any person who violates this subsection.

Any person who believes the provisions of this subsection have been violated may file a complaint with the attorney general.

(3) In any civil action brought by the commission or the attorney general against a person who violates this subsection, the court may award injunctive relief sufficient to prevent any subsequent violations of this subsection by such person and statutory damages of not to exceed an amount that is twice the amount of the prohibited contribution or expenditure.

(e)(f) As used in this section, "foreign national" means:

(1) An individual who is not a citizen or lawful permanent resident of the United States;

(2) a government or subdivision of a foreign country or municipality thereof;

(3) a foreign political party;

(4) any entity, such as a partnership, association, corporation, organization or other combination of persons, that is organized under the laws of, or has its principal place of business in, a foreign country;

or (5) any United States entity, such as a partnership, association, corporation or organization, that is wholly or majority-owned by any foreign national, unless:

(1) Any contribution or expenditure that such entity makes is derived entirely from funds generated by such United States entity's United States operations;

and (2) all decisions concerning the contribution or expenditure are made by individuals who are United States citizens or permanent residents, except for setting overall budget amounts.

(f)(g) In addition to the annual report, a person engaging in an activity promoting the adoption or repeal of a provision of the Kansas constitution who accepts any contributed moneys for such activity shall H Sub for SB 451 9 make a preliminary report to the secretary of state 15 days prior to each election at which a proposed constitutional amendment is submitted.

Such report shall show the name and address of each individual contributor, together with the amount contributed or contributed in kind in an aggregate amount or value in excess of $50, the expenditures in an aggregate amount or value in excess of $50 from such contributions, by showing the amount paid to each payee, and the purpose of the expenditure.

A supplemental report in the same format as the preliminary report shall be filed with the secretary of state within 15 days after any election on a constitutional proposition where contributed funds are received and expended in opposing or promoting such proposition.

(g)(h) Any person who engages in any activity promoting or opposing the adoption or repeal of any provision of the Kansas constitution shall be considered engaged in such activity upon the date that the concurrent resolution passes the Kansas house of representatives and the senate in its final form.

Upon such date, if the person has funds in the constitutional amendment campaign treasury, such person shall be required to report such funds as provided by this section.

(h)(i) (1) The commission shall send a notice by registered or certified mail to any person failing to file any report required by subsection (a), (f) or (g) within the time period prescribed therefor.

The notice shall state that the required report has not been filed with the office of the secretary of state.

The notice also shall state that such person shall have 15 days from the date that such notice is deposited in the mail to comply with the reporting requirements before a civil penalty shall be imposed for each day that the required documents remain unfiled.

If such person fails to comply within the prescribed period, such person shall pay to the state a civil penalty of $10 per day for each day that such report remains unfiled, except that no such civil penalty shall exceed $300.

The commission may waive, for good cause, payment of any civil penalty imposed by this section.

(2) Civil penalties provided for by this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A.

75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas public disclosure commission fee fund.

(3) If a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of the county in which such person resides.

(i)(j) The intentional failure to file any report required by subsection (a) is a classAmisdemeanor.

(j)(k) This section shall be a part of and supplemental to the campaign H Sub for SB 451 10 finance act.

Sec.

6. K.S.A.

25-4148, 25-4149 and 25-4169a and K.S.A.

2025 Supp.

25-4180 are hereby repealed.

Sec.

7. This act shall take effect and be in force from and after its publication in the statute book.