AN ACT relating to the portion of income tax liability contributed to a political party.

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AN ACT relating to the portion of income tax liability contributed to a political 1
party. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 141.071 is amended to read as follows: 4
(1) The term "political party" shall, for the purposes of this section and KRS 141.072 [ 5
and 141.073] , mean those parties who met the requirements of KRS 118.015 on 6
January 1 of the taxable year. 7
(2) Every individual whose income tax liability for the taxable year is as great or 8
greater than amounts permitted to be designated under this section, may desig nate 9
that the tax paid or portion thereof be paid, as provided under this section and KRS 10
141.072, to a political party. Amounts of individual tax liability permitted to be so 11
designated are as follows: for the 1982 taxable year, one dollar and fifty cents 12
($1.50); for the 1983 taxable year, one dollar and seventy-five cents ($1.75); and for 13
the 1984 taxable year and for every year thereafter, two dollars ($2). In the case of a 14
joint return, each spouse shall, for the purposes of this section, be considered to 15
have an equal tax liability and may each designate amounts as provided in this 16
section, provided that the joint tax liability is at least as great as amounts jointly so 17
designated. Such designation shall not increase or decrease the income tax liabilit y 18
of any taxpayer nor shall it reduce the overpayment of any taxpayer. 19
(3) This section applies to taxable years beginning before January 1, 2026. 20
Section 2. KRS 141.072 is amended to read as follows: 21
For taxable years beginning before January 1, 2026, the designation for a political party 22
shall appear on the face of the individual income tax return. Fifty cents ($0.50) of any 23
designation pursuant to KRS 141.071 shall be reserved for remittance to the a ppropriate 24
official of the local governing authority of the designated political party within the 25
taxpayer's resident county. The remainder of the designation shall be reserved for 26
remittance to the appropriate official of the state governing authority of the designated 27
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political party. The commissioner of the Department of Revenue shall annually certify by 1
December 1 all such designated amounts to be paid by the State Treasurer, and the 2
Treasurer shall annually remit by the following January 1 such funds t o the appropriate 3
official of the state and local governing authorities of the designated political party. 4
Section 3. KRS 121.180 is amended to read as follows: 5
(1) (a) 1. Persons becoming a candidate as defined in KRS 1 21.015(8) or slate of 6
candidates as defined in KRS 121.015(9), or a political issues committee 7
as defined in KRS 121.015(3)(d), shall submit a form prescribed and 8
furnished by the registry indicating whether they intend to raise or spend 9
in excess of five thousand dollars ($5,000) in any one (1) election, or 10
that contributions will not be accepted or expended in excess of five 11
thousand dollars ($5,000) in any one (1) election. Candidates and slates 12
of candidates shall submit this form to the registry within five (5) days 13
of receiving contributions or making expenditures with a view to 14
bringing about his or her nomination or election to public office, or 15
within five (5) days of filing papers to run for public office, whichever is 16
sooner. Candidates and slates of candidates who advance to a regular 17
election following a primary shall submit this form to the registry within 18
five (5) days after the date of the primary. Political issues committees 19
shall submit the form to the registry within five (5) days of meetin g the 20
definition of political issues committee in KRS 121.015(3)(d). 21
2. Each candidate, slate of candidates, or political issues committee 22
indicating that contributions will not be accepted or expended in excess 23
of five thousand dollars ($5,000) in any one (1) election shall be exempt 24
from filing any campaign finance reports required by subsection (3) of 25
this section. 26
3. A separate form shall be required for each primary, regular, or special 27
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election in which the candidate or slate of candidates participate s or in 1
which the public question appears on the ballot. The form shall be 2
submitted by means of electronic filing with the registry. 3
4. Any person acting as a candidate or slate of candidates by receiving 4
contributions or making expenditures with a view t o bringing about his 5
or her nomination or election to public office, or filing papers to run for 6
public office, or group of persons acting as a political issues committee, 7
who fails to file this form as required, or who fails to remedy a 8
deficiency within five (5) days, may be fined by the registry an amount 9
not to exceed two hundred dollars ($200) per day, up to a maximum 10
total fine of five thousand dollars ($5,000). 11
(b) For a primary, a candidate or slate of candidates shall file a request for 12
exemption n ot later than the deadline described in paragraph (a) of this 13
subsection for filing nomination papers and, except as provided in 14
subparagraph 2. of paragraph (c) of this subsection, shall be bound by its 15
terms unless it is rescinded in writing not later th an thirty (30) days preceding 16
the primary. For a regular election, a candidate or slate of candidates shall file 17
or rescind in writing a request for exemption not later than sixty (60) days 18
preceding the regular election, except as provided in subparagraph 2. of 19
paragraph (c) of this subsection. For a special election, a candidate or slate of 20
candidates shall file a request for exemption not later than ten (10) days after 21
the candidate or slate of candidates is nominated for a special election and 22
shall be bound by its terms unless it is rescinded in writing not later than thirty 23
(30) days preceding the special election. A political issues committee chair 24
shall file a request for exemption when the committee registers with the 25
registry and shall be bound by its terms unless it is rescinded in writing not 26
later than thirty (30) days preceding the date the issue appears on the ballot. 27
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(c) 1. A candidate or slate of candidates that revokes a request for exemption 1
in a timely manner shall file all reports required of a candidate intending 2
to raise or spend in excess of five thousand dollars ($5,000) in an 3
election. To revoke the request for an exemption, the candidate or slate 4
of candidates shall file the appropriate form with the registry not later 5
than the deadline for filing a revocation. 6
2. A candidate or slate of candidates that is exempted from campaign 7
finance reporting requirements pursuant to paragraph (a) of this 8
subsection but who accepts contributions or makes expenditures in 9
excess of the exempted amou nt in an election, shall file all applicable 10
reports required for the remainder of that election, based upon the 11
amount of contributions or expenditures the candidate or slate of 12
candidates accepts or receives in that election. 13
(d) Any candidate or slate o f candidates that is subject to a June or August filing 14
deadline and that intends to execute a request for exemption shall file the 15
appropriate request for exemption not later than the deadline described in 16
paragraph (a) of this subsection and, except as p rovided in subparagraph 2. of 17
paragraph (c) of this subsection, shall be bound by its terms unless it is 18
rescinded in writing not later than sixty (60) days preceding the regular 19
election. A candidate or slate of candidates that is covered by this paragrap h 20
shall have the same reversion rights as those provided in subparagraph 1. of 21
paragraph (c) of this subsection. 22
(e) Any candidate or slate of candidates that will appear on the ballot in a regular 23
election that has signed a request for exemption for that election may exercise 24
the reversion rights provided in subparagraph 1. of paragraph (c) of this 25
subsection if a candidate or slate of candidates that is subject to a June or 26
August filing deadline subsequently files in opposition to the candidate or 27
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slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of 1
this subsection, a candidate or slate of candidates covered by this paragraph 2
shall comply with the deadline for rescission provided in subparagraph 1. of 3
paragraph (c) of this subsection. 4
(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any 5
candidate or slate of candidates that has filed a request for exemption for a 6
regular election that later is opposed by a person who has filed a declaration 7
of intent to receive write -in votes may rescind the request for exemption and 8
exercise the reversion rights provided in subparagraph 1. of paragraph (c) of 9
this subsection. 10
(g) Any candidate or slate of candidates that has filed a request for exemption 11
may petition the registry to determine whether another person is campaigning 12
as a write -in candidate prior to having filed a declaration of intent to receive 13
write-in votes, and, if the registry determines upon a preponderance of the 14
evidence that a person who may late r be a write -in candidate is conducting a 15
campaign, the candidate or slate of candidates, except as provided in 16
subparagraph 2. of paragraph (c) of this subsection, may petition the registry 17
to permit the candidate or slate of candidates to exercise the re version rights 18
provided in subparagraph 1. of paragraph (c) of this subsection. 19
(h) If the opponent of a candidate or slate of candidates is replaced due to his or 20
her withdrawal because of death, disability, or disqualification, the candidate 21
or slate of candidates, except as provided in subparagraph 2. of paragraph (c) 22
of this subsection, may exercise the reversion rights provided in subparagraph 23
1. of paragraph (c) of this subsection not later than fifteen (15) days after the 24
party executive committee no minates a replacement for the withdrawn 25
candidate or slate of candidates. 26
(i) A person intending to be a write -in candidate for any office in a regular or 27
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special election may execute a request for exemption under paragraph (a) of 1
this subsection and shall be bound by its terms unless it is rescinded in writing 2
not later than fifteen (15) days preceding the regular or special election. A 3
person intending to be a write -in candidate who revokes a request for 4
exemption in a timely manner shall file all reports required of a candidate 5
intending to raise or spend in excess of five thousand dollars ($5,000) in an 6
election. Except as provided in subparagraph 2. of paragraph (c) of this 7
subsection, a person intending to be a write -in candidate who revokes a 8
request for exemption shall file the appropriate form with the registry. 9
(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the 10
campaign committee of any candidate or slate of candidates that has filed a 11
request for exemption or a polit ical issues committee whose chair has filed a 12
request for exemption shall be bound by its terms unless it is rescinded in a 13
timely manner. 14
(k) 1. Except as provided in subparagraph 2. of paragraph (c) of this 15
subsection, any candidate, slate of candidates, or political issues 16
committee that is exempt from filing campaign finance reports pursuant 17
to paragraph (a), (d), or (i) of this subsection that accepts contributions 18
or makes expenditures, or whose campaign treasurer accepts 19
contributions or makes expend itures, in excess of the applicable limit in 20
any one (1) election without rescinding the request for exemption in a 21
timely manner shall comply with all applicable reporting requirements 22
and, in lieu of other penalties prescribed by law, pay a fine of not l ess 23
than five hundred dollars ($500). 24
2. Except as provided in subparagraph 2. of paragraph (c) of this 25
subsection, a candidate, slate of candidates, campaign committee, or 26
political issues committee that is exempt from filing campaign finance 27
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reports purs uant to paragraph (a), (d), or (i) of this subsection that 1
knowingly accepts contributions or makes expenditures in excess of the 2
applicable spending limit in any one (1) election without rescinding the 3
request for exemption in a timely manner shall comply with all 4
applicable reporting requirements and shall be guilty of a Class D 5
felony. 6
(l) 1. Any candidate exempt from filing under this subsection for a primary 7
shall file a report described in subsection (4) of this section. 8
2. Any candidate exempt from f iling under this subsection for a primary 9
who advances to the regular election shall file for an additional 10
exemption under this section for the regular election or the candidate 11
shall no longer be exempt from the filing requirements. 12
3. In the event a can didate exempt from filing under this subsection is no 13
longer eligible for the exemption, he or she shall immediately file for a 14
revocation of the exemption under paragraph (c) of this subsection. 15
(2) (a) State and county executive committees, and caucus ca mpaign committees 16
shall make a full report, upon a prescribed form, to the registry, of all money, 17
loans, or other things of value, received from any source, and expenditures 18
authorized, incurred, or made, since the date of the last report, including: 19
1. For each contribution of any amount made by a permanent committee, 20
the name and business address of the permanent committee, the date of 21
the contribution, the amount contributed, and a description of the major 22
business, social, or political interest represe nted by the permanent 23
committee; 24
2. For other contributions in excess of one hundred dollars ($100), the full 25
name, address, age if less than the legal voting age, the date of the 26
contribution, the amount of the contribution, and the employer and 27
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occupation of each contributor. If the contri butor is self -employed, the 1
name under which he or she is doing business shall be listed; 2
3. The total amount of cash contributions received during the reporting 3
period; and 4
4. A complete statement of expenditures authorized, incurred, or made. 5
The complet e statement of expenditures shall include the name and 6
address of each person to whom an expenditure is made in excess of 7
twenty-five dollars ($25), and the amount, date, and purpose of each 8
expenditure. 9
(b) In addition to the reporting requirements in par agraph (a) of this subsection, 10
the state executive committee of a political party that has established a 11
building fund account under KRS 121.172 shall make a full report, upon a 12
prescribed form, to the registry, of all contributions received from any sourc e, 13
and expenditures authorized, incurred, or made, since the date of the last 14
report for the separate building fund account, including: 15
1. For each contribution of any amount made by a corporation, the name 16
and business address of the corporation, the date of the contribution, the 17
amount contributed, and a description of the major business conducted 18
by the corporation; 19
2. For other contributions in excess of one hundred dollars ($100), the full 20
name and address of the contributor, the date of the contributi on, the 21
amount of the contribution, and the employer and occupation of each 22
contributor. If the contributor is self -employed, the name under which 23
he or she is doing business shall be listed; 24
3. The total amount of cash contributions received during the re porting 25
period; and 26
4. A complete statement of expenditures authorized, incurred, or made. 27
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The complete statement of expenditures shall include the name and 1
address of each person to whom an expenditure is made in excess of 2
twenty-five dollars ($25), and t he amount, date, and purpose of each 3
expenditure. 4
(c) The report required by paragraph (a) of this subsection shall be made on a 5
semiannual basis if the committee has more than ten thousand dollars 6
($10,000) in its campaign fund account, and shall be recei ved by the registry 7
by January 31 and by July 31. The January report shall cover the period from 8
July 1 to December 31. The July report shall cover the period from January 1 9
to June 30. If the committee has less than ten thousand dollars ($10,000) in its 10
campaign fund account the report required by paragraph (a) of this subsection 11
shall be made on an annual basis, and shall be received by the registry by 12
January 31. If an individual gives a reportable contribution to a caucus 13
campaign committee or to a stat e or county executive committee with the 14
intention that the contribution or a portion of the contribution go to a 15
candidate or slate of candidates, the name of the contributor and the sum shall 16
be indicated on the committee report. The report required by p aragraph (b) of 17
this subsection relating to a state executive committee's building fund account 18
shall be received by the registry within two (2) business days after the close of 19
each calendar quarter. The receipts and expenditures of funds remitted to each 20
political party under KRS 141.071 and 141.072 [to 141.073 ] shall be 21
separately accounted for and reported to the registry in the manner required by 22
KRS 121.230. The separate report may be made a separate section within the 23
report required by this subsection to be received by the registry by January 31. 24
(3) (a) Except for candidates or slates of candidates, campaign committees, or 25
political issues committees exempted from reporting requirements pursuant to 26
subsection (1) of this section, each campaign treasu rer of a candidate, slate of 27
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candidates, campaign committee, or political issues committee who accepts 1
contributions or expends, expects to accept contributions or expend, or 2
contracts to expend more than five thousand dollars ($5,000) in any one (1) 3
election, and each fundraiser who secures contributions in excess of five 4
thousand dollars ($5,000) in any one (1) election, shall make a full report to 5
the registry, on a form provided or using a format approved by the registry, of 6
all money, loans, or other t hings of value, received from any source, and 7
expenditures authorized, incurred, and made, since the date of the last report, 8
including: 9
1. For each contribution of any amount made by a permanent committee, 10
the name and business address of the permanent co mmittee, the date of 11
the contribution, the amount contributed, and a description of the major 12
business, social, or political interest represented by the permanent 13
committee; 14
2. For each contribution in excess of one hundred dollars ($100) made to 15
any candi date or campaign committee or a political issues committee, 16
the full name, address, age if less than the legal voting age, the date of 17
the contribution, the amount of the contribution, and the employer and 18
occupation of each other contributor. If the contributor is self-employed, 19
the name under which he or she is doing business shall be listed; 20
3. The total amount of cash contributions received during the reporting 21
period; and 22
4. A complete statement of all expenditures authorized, incurred, or made. 23
The complete statement of expenditures shall include the name, address, 24
and occupation of each person to whom an expenditure is made in 25
excess of twenty -five dollars ($25), and the amount, date, and purpose 26
of each expenditure. 27
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(b) Reports of all candidates, sla tes of candidates, campaign committees, 1
independent expenditure -only committees, political issues committees, and 2
registered fundraisers shall be made as follows: 3
1. a. Candidates seeking statewide office, slates of candidates, 4
campaign committees for cand idates seeking statewide office and 5
for slates of candidates, independent expenditure-only committees, 6
political issues committees, and fundraisers which file the form 7
described in subsection (1)(a) of this section before the year of an 8
election in which t he candidate, a slate of candidates, or public 9
question shall appear on the ballot, shall file financial reports with 10
the registry at the end of the first calendar quarter after persons 11
become statewide candidates or slates of candidates, or following 12
registration of the committee or fundraiser, and each calendar 13
quarter thereafter, ending with the last calendar quarter of that 14
year. The provisions of this subparagraph shall be retroactive to 15
January 1, 2021; 16
b. All other candidates and campaign committees shall file annual 17
financial reports to be received by the registry on or before 18
December 1 for each year that a candidate is not yet on the ballot 19
but has filed a form as described in subsection (1)(a) of this 20
section with the registry for a future-year election; and 21
c. Candidates, slate of candidates, or committees shall make all 22
reports required by subparagraphs 2. to 5. of this paragraph during 23
the year in which the election takes place; 24
2. All candidates, slates of candidates, campaign committees, indep endent 25
expenditure-only committees, political issues committees, and registered 26
fundraisers shall make reports on the sixtieth day preceding a regular 27
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election, including all previous contributions and expenditures; 1
3. All candidates, slates of candidates, campaign committees, independent 2
expenditure-only committees, political issues committees, and registered 3
fundraisers shall make reports on the thirtieth day preceding an election, 4
including all previous contributions and expenditures; 5
4. All candidates, slates of candidates, campaign committees, independent 6
expenditure-only committees, political issues committees, and registered 7
fundraisers shall make reports on the fifteenth day preceding the date of 8
the election; and 9
5. All reports to the registry shall cover campaign activity during the entire 10
reporting period and must be received by the registry within two (2) 11
business days after the date the reporting period ends to be deemed 12
timely filed. 13
(4) All candidates, regardless of funds received or expended, campaign committees, 14
independent expenditure -only committees, political issues committees, and 15
registered fundraisers shall make post -election reports within thirty (30) days after 16
the election. All post -election reports to the registry shall cover campaig n activity 17
during the entire reporting period and must be received by the registry within two 18
(2) business days after the date the reporting period ends to be deemed timely filed. 19
For candidates, slates of candidates, and political issues committees otherw ise 20
exempt under subsection (1)(a) of this section, the reporting period begins the day 21
the request for exemption is filed with the registry and continues through the 22
thirtieth day after the election. 23
(5) In making the preceding reports, the total gross re ceipts from each of the following 24
categories shall be listed: proceeds from the sale of tickets for events such as 25
testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass 26
collections made at the events, and sales of items suc h as campaign pins, buttons, 27
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hats, ties, literature, and similar materials. When any individual purchase or the 1
aggregate purchases of any item enumerated above from a candidate or slate of 2
candidates for a statewide -elected state office or a campaign comm ittee for a 3
candidate or slate of candidates for a statewide -elected state office exceeds one 4
hundred dollars ($100), the purchaser shall be identified by name, address, age, if 5
less than the legal voting age, occupation, and employer or, if the purchaser is self-6
employed, the name under which he or she is doing business, and the amount of the 7
purchase. When any individual purchase or the aggregate purchases of any item 8
enumerated above from any candidate or campaign committee other than a 9
candidate or slat e of candidates for a statewide -elected state office or campaign 10
committee for a candidate or slate of candidates for a statewide -elected state office 11
exceeds one hundred dollars ($100), the purchaser shall be identified by name, 12
address, age if less than the legal voting age, occupation, and employer or, if the 13
purchaser is self-employed, the name under which he or she is doing business, and 14
the amount of the purchase. The lists shall be maintained by the campaign treasurer, 15
political issues committee trea surer, registered fundraiser, or other sponsor for 16
inspection by the registry for six (6) years following the date of the election. 17
(6) Each permanent committee, except a federally registered political committee as 18
defined in 52 U.S.C. sec. 30101(4)(a), inaugural committee, or contributing 19
organization shall make a full report to the registry, on a form provided or using a 20
format approved by the registry, of all money, loans, or other things of value, 21
received by it from any source, and all expenditures authorized, incurred, or made, 22
since the date of the last report, including: 23
(a) For each contribution of any amount made by a permanent co mmittee, the 24
name and business address of the permanent committee, the date of the 25
contribution, the amount contributed, and a description of the major business, 26
social, or political interest represented by the permanent committee; 27
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(b) For other contributions in excess of one hundred dollars ($100), the full name, 1
address, age if under the legal voting age, the date of the contribution, the 2
amount of the contribution, and the employer and occupation of each 3
contributor. If the contributor is self -employed, the name under which he or 4
she is doing business shall be listed; 5
(c) An aggregate amount of cash contributions, the amount contributed by each 6
contributor, and the date of each contribution; and 7
(d) A complete statement of all expenditures authorized, inc urred, or made, 8
including independent expenditures. This report shall be made by a permanent 9
committee, inaugural committee, or contributing organization to the registry 10
on the last day of the first calendar quarter following the registration of the 11
committee with the registry and on the last day of each succeeding calendar 12
quarter until such time as the committee terminates. A contributing 13
organization shall file a report of contributions received and expenditures on a 14
form provided or using a format appro ved by the registry not later than the 15
last day of each calendar quarter in which contributions are received or 16
expenditures are made. All reports to the registry shall be received on or 17
before each filing deadline, and any report received by the registry within two 18
(2) business days after each filing deadline shall be deemed timely filed. 19
(7) If the final statement of a candidate, campaign committee, independent expenditure-20
only committee, or political issues committee shows an unexpended balance of 21
contributions, continuing debts and obligations, or an expenditure deficit, the 22
campaign treasurer shall file with the registry a supplemental statement of 23
contributions and expenditures not more than thirty (30) days after the deadline for 24
filing the final stat ement. Subsequent supplemental statements shall be filed 25
annually, to be received by the registry by December 1 of each year, until the 26
account shows no unexpended balance, continuing debts and obligations, 27
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expenditures, or deficit. All post -election repor ts to the registry shall cover 1
campaign activity during the entire reporting period and must be received by the 2
registry within two (2) business days after the date the reporting period ends to be 3
deemed timely filed. All contributions shall be subject to KRS 121.150 as of the 4
date of the election in which the candidate appeared on the ballot. 5
(8) All reports filed under the provisions of this chapter shall be a matter of public 6
record open to inspection by any member of the public immediately upon receipt of 7
the report by the registry. 8
(9) A candidate or slate of candidates is relieved of the duty personally to file reports 9
and keep records of receipts and expenditures if the candidate or slate states in 10
writing or on forms provided by the registry that: 11
(a) Within five (5) business days after personally receiving any contributions, the 12
candidate or slate of candidates shall surrender possession of the contributions 13
to the treasurer of their campaign committee without expending any of the 14
proceeds thereof. N o contributions shall be commingled with the candidate's 15
or slated candidates' personal funds or accounts. Contributions received by 16
check, money order, or other written instrument shall be endorsed directly to 17
the campaign committee and shall not be cashe d or redeemed by the 18
candidate; 19
(b) The candidate or slate of candidates shall not make any unreimbursed 20
expenditure for the campaign, except that this paragraph does not preclude a 21
candidate or slate from making an expenditure from personal funds to the 22
designated campaign committee, which shall be reported by the committee as 23
a contribution received; and 24
(c) The waiver shall continue in effect as long as the candidate or slate of 25
candidates complies with the conditions under which it was granted. 26
(10) (a) No candidate, slate of candidates, campaign committee, independent 27
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expenditure-only committee, political issues committee, or contributing 1
organization shall use or permit the use of contributions or funds solicited or 2
received for the person or in suppor t of or opposition to a public issue which 3
will appear on the ballot to: 4
1. Further the candidacy of the person for a different public office; 5
2. Support or oppose a different public issue; or 6
3. Further the candidacy of any other person for public office. 7
(b) Nothing in this subsection shall be deemed to prohibit a candidate or slate of 8
candidates from using funds in a campaign account to contribute directly to 9
another candidate or slate of candidates for state or federal office, or to 10
purchase admission t ickets for any fundraising event or testimonial affair for 11
another candidate or slate of candidates for state or federal office, if the 12
amount of the purchase or contribution does not exceed the individual 13
contribution limit contained in KRS 121.150(6) or 52 U.S.C. sec. 30116 in 14
any one (1) election. 15
(c) Any funds or contributions solicited or received by or on behalf of a 16
candidate, slate of candidates, or any committee, which has been organized in 17
whole or in part to further any candidacy for the same per son or to support or 18
oppose the same public issue, shall be deemed to have been solicited or 19
received for the current candidacy or for the election on the public issue if the 20
funds or contributions are solicited or received at any time prior to the regular 21
election for which the candidate, slate of candidates, or public issue is on the 22
ballot. 23
(d) Any unexpended balance of funds not otherwise obligated for the payment of 24
expenses incurred to further a political issue or the candidacy of a person 25
shall, in whole or in part, at the election of the candidate or committee: 26
1. Escheat to the State Treasury; 27
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2. Be returned pro rata to all contributors; 1
3. In the case of a partisan candidate, be transferred to: 2
a. A caucus campaign committee; or 3
b. The state or cou nty executive committee of the political party of 4
which the candidate is a member; 5
4. Be retained to further the same public issue or to seek election to the 6
same office; or 7
5. Be donated to any charitable, nonprofit, or educational institution 8
recognized under Section 501(c)(3) of the United States Internal 9
Revenue Code of 1986, as amended, and any successor thereto, from 10
which the candidate or committee receives no financial benefit. 11
(11) If adequate and appropriate agency funds are available to implement this 12
subsection, electronic reporting shall be made available by the registry to all 13
candidates, slates of candidates, committees, contributing organizations, registered 14
fundraisers, and p ersons making independent expenditures. The electronic report 15
submitted to the registry shall be the official campaign finance report for audit and 16
other legal purposes, whether mandated or filed by choice. 17
(12) The date that an electronic or on-line report shall be deemed to have been filed with 18
the registry shall be the date on which it is received by the registry. 19
(13) All electronic or online filers shall affirm, under penalty of perjury, that the report 20
filed with the registry is complete and accurate. 21
(14) Filers who submit electronic campaign finance reports which are not readable, or 22
cannot be copied shall be deemed to not be in compliance with the requirements set 23
forth in this section. 24
(15) Beginning with the primary scheduled in calendar year 2020 , and for each 25
subsequent election scheduled thereafter, reports required to be submitted to the 26
registry involving candidates, slates of candidates, committees, contributing 27
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organizations, and independent expenditures shall be reported electronically. 1
(16) (a) On each form that the registry supplies for the reports required under 2
subsections (2), (3), and (6) of this section, the registry shall include an entry 3
reading, "No change since last report." 4
(b) If a person or entity that is required to report und er subsection (2), (3), or (6) 5
of this section has received no money, loans, or other things of value from any 6
source since the date of its last report and has not authorized, incurred, or 7
made any expenditures since that date, the person or entity may che ck or 8
otherwise designate the entry that reads, "No change since last report." A 9
person or entity designating this entry in a report shall state the balance 10
carried forward from the last report but need not specify receipts or 11
expenditures in further detail. 12
Section 4. KRS 121.230 is amended to read as follows: 13
(1) (a) No state or local governing authority of a political party to which funds are 14
remitted under KRS 141.071 and 141.072 [to 141.073] shall use such funds 15
other than in support of the party's candidates in a general election and for the 16
administrative costs of maintaining a political party headquarters. 17
(b) Permissible expenditures for the administrative costs of maintaining a 18
political party headquarters shall be limited to payments for or purchases of: 19
1. Leases, mortgages, insurance, property taxes, and legal expenses; 20
2. Appliances and fixtures; 21
3. Utilities, pest control, lawn care, security, cleaning, trash removal, and 22
necessary equipment and supplies related thereto; 23
4. Equipment for internet, telephone, cable or satellite television, or other 24
communications services; 25
5. Major and minor repairs to the political party headquarters, including 26
but not limited to the facility's roof, foundation, and structure, and to the 27
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facility's plumbing, HVAC, and electrical systems; and 1
6. Office supplies, including but not limited to desks, chairs, computers, 2
printers, copiers, paper, and ink. 3
(2) Each state or local governing authority of a political party to which funds are 4
remitted under KRS 141.071 and 141.072[to 141.073] shall deposit such funds in a 5
bank account and shall report the amount of such funds received as a separate entry 6
on its committee report. All expenditures from such remitted funds shall be by 7
check. A copy of each canceled check written on the account of funds remitted 8
under KRS 141.071 and 141.072[to 141.073] shall be retained by the state or local 9
governing authority of the political party for a period of not less than four (4) years. 10
(3) The designated official of each state or local governing authority of a political party 11
to which funds are remitted under KRS 141.071 and 141.072 [to 141.073] shall 12
maintain a current record of the receipts, balance, and expenditures of the funds so 13
remitted. In addit ion, the official shall, by January 31 each year, forward to the 14
Registry of Election Finance a report of: 15
(a) The unexpended and unobligated balance of such remitted funds; and 16
(b) An itemized listing of each expenditure authorized, incurred or made from 17
such remitted funds, indicating the amount, date, and purpose of each 18
expenditure, regardless of the amount, and the name, address, and occupation 19
of each person to whom an expenditure of fifty dollars ($50) or more was 20
made, since the date of the last report. 21
(4) The reports required by subsection (3) of this section shall be a matter of public 22
record open to inspection by any member of the public immediately upon receipt of 23
the report by the registry. 24
(5) The Registry of Election Finance may annually audi t the accounts and records of 25
receipts and expenditures of funds in the amount of one thousand five hundred 26
dollars ($1,500) or less that are remitted to each state or local governing authority 27
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of a political party under KRS 141.071 and 141.072[to 141.073]. The registry shall 1
annually audit the accounts and records of receipts and expenditures of funds in the 2
amount of more than one thousand five hundred dollars ($1,500) that are remitted to 3
each state or local governing authority of a political party under KRS 141.071 and 4
141.072[to 141.073]. The registry shall report the results of each audit conducted to 5
the General Assembly. In the course of such audits, the registry or its authorized 6
agents may ascertain the amount of such remitted funds on deposit in t he separate 7
bank account, required by subsection (2) of this section, of the political party 8
audited and may audit the account on the books of the bank. No bank shall be liable 9
for making available to the registry any of the information required under this 10
section. 11
Section 5. The following KRS section is repealed: 12
141.073 Rules and regulations. 13