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SENATE BILL No. 5
AN A CT concerning elections; relating to the transparency in revenues underwriting
elections act; prohibiting the use of funds provided by the United States government
for the conduct of elections and election-related activities unless approved by the
legislature; amending K.S.A. 25-2436 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-2436 is hereby amended to read as follows:
25-2436. (a) The provisions of this section shall be known and may be
cited as the transparency in revenues underwriting elections act.
(b) As used in this section:
(1) "Election official" means any county election officer or the
chief state election official, as such terms are defined in K.S.A. 25-
2504, and amendments thereto, and any officer or employee of such
election official.
(2) "Federal government" means any branch, agency, department,
office, bureau or instrumentality of the government of the United
States.
(3) "Governmental agency" means the state or any agency or
political subdivision or instrumentality thereof.
(4) "Person" means any individual, corporation, partnership,
company, organization, political party, political committee or any other
private entity.
(c) (1) No election official shall knowingly accept or expend any
moneys, directly or indirectly, from any person, except as provided in
any acts of appropriation or as otherwise provided by state law, for any
expenditures related to conducting, funding or otherwise facilitating the
administration of an election pursuant to law.
(2) No governmental agency, including, but not limited to, any
election official, shall knowingly accept or expend any moneys, directly
or indirectly, from the federal government, except as provided in any
acts of appropriation or as otherwise provided by state law, for any
expenditures related to conducting, funding or otherwise facilitating
the administration of an election pursuant to law or for any election-
related activities, including, but not limited to, voter registration and
voter assistance. Provided that such expenditures are authorized by
acts of appropriation or as otherwise provided by state law, any
moneys received from the federal government shall only be expended
for those purposes authorized by an act of congress appropriating such
moneys. The provisions of this paragraph shall not apply to the receipt
and expenditure of moneys for election security.
(d) The provisions of this section shall not apply to:
(1) Any moneys collected by an election official from the payment
of fees or assessed costs as required by law; or
(2) any moneys received as campaign contributions for any
candidate for the office of county clerk.
(e) A violation of this section is a severity level 9, nonperson
felony.
Sec. 2. K.S.A. 25-2436 is hereby repealed.
SENATE BILL No. 5—page 2
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.