HB 595 — AN ACT relating to elections and declaring an emergency.

30101(4)(a) to any candidate or to any slate of Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY candidates for any office in this Commonwealth that complies with the provisions of 52 U.S.C.

114.1-114.1-114.12 114.12 regarding limitations on contributions by corporations shall be deemed to comply with the campaign finance laws of this Commonwealth prohibiting corporate contributions to candidates or slates of candidates.

(1) No candidate, committee, or contributing organization shall permit funds in a Page 26 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN campaign account to be expended for any purpose other than for allowable campaign expenditures.

The provisions of KRS 121.190 notwithstanding, a candidate shall not be Page 27 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN required to include a disclaimer on campaign stationery purchased with funds from his campaign account.

Pageand 28CHAPTER of107 7313 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN and (b) For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of campaign funds which were expended for other than allowable campaign expenditures, and if not repaid within thirty (30) days, may impose a fine of up to one hundred dollars ($100) for each day the amount is not repaid, up to a maximum fine of one thousand dollars ($1,000).

For a special election, a candidate or slate of candidates shall file a request for exemption not later Page 29 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN than ten (10) days after the candidate or slate of candidates is nominated for a special election and shall be bound by its terms unless it is rescinded in writing not later than thirty (30) days preceding the special election.

A candidate or slate of candidates that is covered by this paragraph shall have the same reversion rights as those Page 30 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN provided in subparagraph 1.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) Any candidate or slate of candidates that has filed a request for exemption may petition the registry to determine whether another person is campaigning as a write-in candidate prior to having filed a declaration of intent to receive write-in votes, and, if the registry determines upon a preponderance of the evidence that a person who may later be a write-in candidate is conducting a campaign, the candidate or slate of candidates, except as provided in subparagraph 2.

(h) If the opponent of a candidate or slate of candidates is replaced due to his or her withdrawal because of death, disability, or disqualification, the candidate Page 31 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN or slate of candidates, except as provided in subparagraph 2.

of paragraph (c) of this subsection, any candidate, slate of candidates, or political issues committee that is exempt from filing campaign finance reports pursuant to paragraph (a), (d), or (i) of this subsection that accepts contributions or makes expenditures, or whose campaign treasurer accepts contributions or makes expenditures, in excess of the applicable limit in any one (1) election without rescinding the request for exemption in a Page 32 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN timely manner shall comply with all applicable reporting requirements and, in lieu of other penalties prescribed by law, pay a fine of not less than five hundred dollars ($500).

For each contribution of any amount made by a permanent committee, the name and business address of the permanent committee, the date of Page 33 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

CHAPTER 107 15 2.

For other contributions in excess of one hundred dollars ($100), the full name and address of the contributor, the date of the contribution, the Page 34 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN amount of the contribution, and the employer and occupation of each contributor.

The receipts and expenditures of funds remitted to each political party under KRS 141.071 to 141.073 shall be separately accounted Page 35 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN for and reported to the registry in the manner required by KRS 121.230.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.

The total amount of cash contributions received during the reporting Page 36 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN period;

Candidates, slate of candidates, or committees shall make all Page 37 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN reports required by subparagraphs 2.

(5) In making the preceding reports, the total gross receipts from each of the following Page 38 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN categories shall be listed:

When any individual purchase or the aggregate purchases of any item enumerated above from a candidate or slate of candidates for a statewide-elected state office or a campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age, if less than the legal voting age, occupation, and employer or, if the purchaser is self-self-employed, employed, the name under which he or she is doing CHAPTER 107 17 business, and the amount of the purchase.

(a) For each contribution of any amount made by a permanent committee, the Page 39 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN name and business address of the permanent committee, the date of the contribution, the amount contributed, and a description of the major business, social, or political interest represented by the permanent committee;

Subsequent Page 40 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN supplemental statements shall be filed annually, to be received by the registry by December 1 of each year, until the account shows no unexpended balance, continuing debts and obligations, expenditures, or deficit.

(b) The candidate or slate of candidates shall not make any unreimbursed expenditure for the campaign, except that this paragraph does not preclude a candidate or slate from making an expenditure from Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY personal funds to the designated principal campaign committee, which shall be reported by the committee as a contribution received;

and Page 41 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN (c) The waiver shall continue in effect as long as the candidate or slate of candidates complies with the conditions under which it was granted.

Page 42 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN 1.

(15) Beginning with the primary scheduled in calendar year 2020, and for each subsequent election scheduled thereafter, reports required to be submitted to the Page 43 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN registry involving candidates, slates of candidates, committees, contributing organizations, and independent expenditures shall be reported electronically.

CHAPTER 107 19 (16) (a) On each form that the registry supplies for the reports required under subsections (2), (3), and (6) of this section, the registry shall include an entry reading, "No change since last report." (b) If a person or entity that is required to report under subsection (2), (3), or (6) of this section has received no money, loans, or other things of value from any source since the date of its last report and has not authorized, incurred, or made any expenditures since that date, the person or entity may check or otherwise designate the entry that reads, "No change since last report." A person or entity designating this entry in a report shall state the balance carried forward from the last report but need not specify receipts or expenditures in further detail.

Candidates and slates of Page 44 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN candidates who advance to a regular election following a primary shall submit this form to the registry within five (5) days after the date of the primary.

Any person acting as a candidate or slate of candidates by receiving contributions or making expenditures with a view to bringing about his or her nomination or election to public office, or filing papers to run for public office, or group of persons acting as a political issues committee, who fails to file this form as required, or who fails to remedy a deficiency within five (5) days, may be fined by the registry Page 45 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN an amount not to exceed two hundred dollars ($200) per day, up to a maximum total fine of five thousand dollars ($5,000).

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) 1.

A candidate or slate of candidates that is exempted from campaign finance reporting requirements pursuant to paragraph (a) of this subsection but who accepts contributions or makes expenditures in Page 46 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN excess of the exempted amount in an election, shall file all applicable reports required for the remainder of that election, based upon the amount of contributions or expenditures the candidate or slate of candidates accepts or receives in that election.

of paragraph (c) of Page 47 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN this subsection.

of paragraph (c) of this subsection, a person intending to be a write-in candidate who revokes a request for exemption shall file the appropriate form Page 48 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN with the registry.

of paragraph (c) of this subsection, any candidate, slate of candidates, or political issues committee that is exempt from filing campaign finance reports CHAPTER 107 21 pursuant to paragraph (a), (d), or (i) of this subsection that accepts contributions or makes expenditures, or whose campaign treasurer accepts contributions or makes expenditures, in excess of the applicable limit in any one (1) election without rescinding the request for exemption in a timely manner shall comply with all applicable reporting requirements and, in lieu of other penalties prescribed by law, pay a fine of not less than five hundred dollars ($500).

Page 49 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN 2.

The complete statement of expenditures shall include the name and address of each person to whom an expenditure is made in excess of twenty-five dollars ($25), and the amount, date, and purpose of each Page 50 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN expenditure.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) The report required by paragraph (a) of this subsection shall be made on a semiannual basis if the committee has more than ten thousand dollars ($10,000) in its campaign fund account, and shall be received by the registry by January 31 and by July 31.

The January report shall cover the period from Page 51 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN July 1 to December 31.

(3) (a) Except for candidates or slates of candidates, campaign committees, or political issues committees exempted from reporting requirements pursuant to subsection (1) of this section, each campaign treasurer of a candidate, slate of candidates, campaign committee, or political issues committee who accepts contributions or expends, expects to accept contributions or expend, or contracts to expend more than five thousand dollars ($5,000)[three thousand dollars ($3,000)] in any one (1) election, and each fundraiser who secures contributions in excess of five thousand dollars ($5,000)[three thousand dollars ($3,000)] in any one (1) election, shall make a full report to the registry, on a form provided or using a format approved by the registry, of all money, loans, or other things of value, received from any source, and Page 52 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN expenditures authorized, incurred, and made, since the date of the last report, including:

Candidates seeking statewide office, slates of candidates,[ authorized] campaign committees for candidates seeking statewide office and for slates of candidates, independent expenditure-only committees[unauthorized campaign committees], political issues Page 53 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN committees, and fundraisers which file the form described in subsection (1)(a) of this section[register] before the year of an election in which the candidate, a slate of candidates, or public question shall appear on the ballot, shall file financial reports with the registry at the end of the first calendar quarter after persons become statewide candidates or slates of candidates, or following registration of the committee or fundraiser, and each calendar quarter thereafter, ending with the last calendar quarter of that year.

and CHAPTER 107 23 c.

All candidates, slates of candidates,[ candidate-authorized and unauthorized] campaign committees, independent expenditure-only Page 54 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN committees, political issues committees, and registered fundraisers shall make reports on the thirtieth day preceding an election, including all previous contributions and expenditures;

All post-electionpost- election reports to the registry shall cover campaign activity during the entire reporting period and must be received by the registry within two (2) business days after the date the reporting period ends to be deemed timely filed.

proceeds from the sale of tickets for events such as testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass collections made at the events, and sales of items such as campaign pins, buttons, Page 55 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN hats, ties, literature, and similar materials.

When any individual purchase or the aggregate purchases of any item enumerated above from a candidate or slate of candidates for a statewide-elected state office or a campaign committee for a candidate or slate of candidates for a statewide-elected state office exceeds one hundred dollars ($100), the purchaser shall be identified by name, address, age, if less than the legal voting age, occupation, and employer or, if the purchaser is self-self-employed, employed, the name under which he or she is doing business, and the amount of the purchase.

Page 56 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN (b) For other contributions in excess of one hundred dollars ($100), the full name, address, age if under the legal voting age, the date of the contribution, the amount of the contribution, and the employer and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY occupation of each contributor.

Subsequent supplemental statements shall be filed annually, to be received by the registry by December 1 of each year, until the account shows no unexpended balance, continuing debts and obligations, Page 57 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN expenditures, or deficit.

(10) (a) No candidate, slate of candidates, campaign committee, independent Page 58 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN expenditure-only committee, political issues committee, or contributing organization shall use or permit the use of contributions or funds solicited or received for the person or in support of or opposition to a public issue which will appear on the ballot to:

CHAPTER 107 25 (c) Any funds or contributions solicited or received by or on behalf of a candidate, slate of candidates, or any committee, which has been organized in whole or in part to further any candidacy for the same person or to support or oppose the same public issue, shall be deemed to have been solicited or received for the current candidacy or for the election on the public issue if the funds or contributions are solicited or received at any time prior to the regular election for which the candidate, slate of candidates, or public issue is on the ballot.

Page 59 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN 3.

Page 60 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN (16) (a) On each form that the registry supplies for the reports required under subsections (2), (3), and (6) of this section, the registry shall include an entry reading, "No change since last report." (b) If a person or entity that is required to report under subsection (2), (3), or (6) of this section has received no money, loans, or other things of value from any source since the date of its last report and has not authorized, incurred, or made any expenditures since that date, the person or entity may check or otherwise designate the entry that reads, "No change since last report." A person or entity designating this entry in a report shall state the balance carried forward from the last report but need not specify receipts or expenditures in further detail.

For television and radio broadcasts, compliance Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY with Federal Communications Commission regulations regarding sponsored programs and broadcasts by candidates for public office shall be considered compliance with this section.

A Page 61 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN disclaimer does not comply with this section if the disclaimer is difficult to read or if the placement of the disclaimer is easily overlooked.

(b) A person who learns that political advertising signs that have been distributed do not include the disclosure required by subsection (1) of this section or include a disclosure that does not comply with subsection (1) of this section does not commit a violation of this subsection if the person makes a good-faith attempt to remove or correct those signs within forty-forty-eight eight (48) hours and provides the registry with proof of correction.

(5) The management of newspapers and magazines shall keep a one (1) year record of Page 62 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN all statements, articles, or advertisements referred to in subsection (1) of this section, that appear in their publications, however, nothing in subsection (1) of this section shall be construed to require editors or editorial writers of newspapers and magazines to identify themselves in the manner therein required with any article or editorial written by them as part of their duties as an employee or employer.

(1) Each candidate or slate of candidates may designate one (1) central campaign committee as a[ candidate-authorized]candidate- authorized] campaign committee.

Page 63 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN (1) (a) No state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall use such funds other than in support of the party's candidates in a general election and for the administrative costs of maintaining a political party headquarters.

CHAPTER 107 27 (b) Permissible expenditures for the administrative costs of maintaining a political party headquarters shall be limited to payments for or purchases of:

(3) The designated official of each state or local governing authority of a political party to which funds are remitted under KRS 141.071 to 141.073 shall maintain a current Page 64 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN record of the receipts, balance, and expenditures of the funds so remitted.

(1) Any corporation or any officer, agent, attorney, or employee of a corporation, who Page 65 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN knowingly violates any of the provisions of KRS 121.025, shall be fined not more than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a Class D felony.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Failure to make required reports or to file reports at times specified;

(5) The Attorney General, Commonwealth's attorney, the registry, or any qualified Page 66 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN voter may sue for injunctive relief to compel compliance with the provisions of KRS 121.056 and KRS 121.120 to 121.230.

(10) Any elected or appointed state officeholder who knowingly awards or participates in the awarding of a contract with the Commonwealth of Kentucky to a person or entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon Page 67 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

CHAPTER 107 29 (15) Any entity who knowingly receives a nonbid contract with a governing authority in violation of KRS 121.330(2) shall be guilty of a Class D felony.

(16) Any elected official who knowingly awards or participates in awarding of a nonbid contract, lease, or appointment to an office or board or whose appointee knowingly Page 68 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN awards or participates in the awarding of a nonbid contract, lease, or appointment to an office or board in violation of KRS 121.330(3) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.

(20) Any candidate, slate of candidates, or committee that fails to comply with requests from the registry for records necessary to conduct audits pursuant to KRS 121.120 and Section 12 of this Act within ninety (90) days after the registry's request shall, unless the failure is due to reasonable cause as defined in Page 69 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN subsection (19) of Section 2 of this Act, be fined not less than one thousand dollars ($1,000) and no more than ten thousand dollars ($10,000) for each full month of noncompliance.

(7) In no event shall districts be reapportioned during the period from thirty (30) days Page 70 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN prior to the last date for filing for candidacy for local government office as provided in KRS 118.165 and the regular election for candidates for local government office.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (8) Precinct lines shall be drawn when necessary in accordance with the provisions of law.

Before being permitted to vote, the voter shall also confirm his identity as Page 71 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN required in KRS 117.227 and complete the affidavit which is required to be completed by a voter whose right to vote has been challenged.

If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or Page 72 of 73 HB059520.100 - 1311 - XXXX 3/28/2024 9:35 PM Engrossed UNOFFICIAL COPY 24 RS HB 595/EN application, and to this end the provisions of this Act are severable.

PageSigned 73by ofGovernor 73April HB059520.1005, -2024. 1311 - XXXX 3/28/2024 9:35 PM Engrossed