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Session of 2026
SENATE BILL No. 395
By Committee on Federal and State Affairs
1-27
AN ACT concerning campaign finance; requiring treasurers for candidates
and persons who promote or oppose the adoption of constitutional
amendments to report lists of small donors to the public disclosure
commission; providing that such lists shall not be a part of any report
required to be made public; amending K.S.A. 25-4148 and K.S.A. 2025
Supp. 25-4180 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-
4148. (a) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than
officers elected on a state-wide basis, shall be filed in both with the office
of the secretary of state. Reports filed by treasurers for candidates for
state-wide office shall be filed electronically and only with the secretary of
state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which the
name of the candidate is on the ballot. Except as otherwise provided by
subsection (h), all such reports shall be filed in time to be received in the
offices required on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall
be for the period beginning on January 1 of the election year for the office
the candidate is seeking and ending 12 days before the primary election,
inclusive;
(2) the eighth day preceding a general election, which report shall be
for the period beginning 11 days before the primary election and ending 12
days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall be
for the period beginning 11 days before the general election and ending on
December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be
filed on the next January 10 for the preceding calendar year; and
(5) a treasurer shall file only the annual report required by subsection
(4) for those years when the candidate is not participating in a primary or
general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
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(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;
(3) the aggregate amount of all proceeds from bona fide sales of
political materials such as, but not limited to, political campaign pins,
buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and
address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise
listed;
(6) the total of all receipts;
(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; the names and addresses of all persons
to whom any loan or advance has been made; when an expenditure is
made by payment to an advertising agency, public relations firm or
political consultants for disbursement to vendors, the report of such
expenditure shall show in detail the name of each such vendor and the
amount, date and purpose of the payments to each;
(8) 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
committee or political committee, if the contribution is in excess of $100
and is not otherwise reported under subsection (b)(7), and the amount, date
and purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this
section; and
(10) the total of expenditures.
(c) In addition to the requirements of subsection (b), every treasurer
for any political committee and party committee shall report the following:
(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. The report shall show
in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office
who is the subject of an expenditure which that:
(i) Is made without the cooperation or consent of a candidate or
candidate committee;
(ii) expressly advocates the nomination, election or defeat of such
candidate; and
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(iii) is an aggregate amount or having a fair market value in excess of
$300.
(2) The report shall state the amount, date and purpose of the
expenditure in the form of an in-kind contribution. The report shall show
in detail the specific service or product provided. The reporting
requirements imposed by this subsection shall be in addition to all other
requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall
itemize the purchase of tickets or admissions to testimonial events by a
person who purchases such tickets or admissions in an aggregate amount
or value in excess of $50 per event, or who purchases such a ticket or
admission at a cost exceeding $25 per ticket or admission. All other
purchases of tickets or admissions to testimonial events shall be reported
in an aggregate amount and shall not be subject to the limitations specified
in K.S.A. 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is
connected or affiliated or, a description of the connection to or affiliation
with such organization. If, the committee is not connected or affiliated
with any one organization, the report shall state the trade, profession or
primary interest of the political committee as reflected by the statement of
purpose of such organization.
(f) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such treasurer
contains material errors or omissions. The notice of the errors or omissions
shall be part of the public record. The amended report shall be filed within
30 days after notice by the commission.
(g) The commission may require any treasurer to file a report for any
period for which the required report is not on file. The notice of the failure
to file shall be part of the public record. Such report shall be filed within
five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate's committee or by
the treasurer of any party committee or political committee, the date of the
convention or caucus shall be considered the date of the primary election.
(i) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.
(j) Any 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.
(k) The treasurer shall maintain a record of the name and address of
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each person who has made one or more contributions in an aggregate
amount or value of $50 or less, or who has made an in-kind contribution
of $100 or less, or who has provided personal services without charge if
the services 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.
Sec. 2. 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
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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.
(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
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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
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,
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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 class A misdemeanor.
(j)(k) This section shall be a part of and supplemental to the campaign
finance act.
Sec. 3. K.S.A. 25-4148 and K.S.A. 2025 Supp. 25-4180 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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