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121.015 Definitions for chapter.
As used in this chapter:
(1) "Registry" means the Kentucky Registry of Election Finance;
(2) "Election" means any primary, regular, or special election to fill vacancies
regardless of whether a candidate or slate of candidates is opposed or
unopposed in an election. Each primary, regular, or special election shall be
considered a separate election;
(3) "Committee" includes the following:
(a) "Campaign committee," which means one (1) or more persons who
receive contributions and make expenditures to support or oppose one (1)
or more specific candidates or slates of candidates for nomination or
election to any state, county, city, or district office, but does not include an
entity established solely by a candidate which is managed solely by a
candidate and a campaign treasurer and whose name is generic in
nature, such as "Friends of (the candidate)," and does not reflect that
other persons have structured themselves as a committee, designated
officers of the committee, and assigned responsibilities and duties to each
officer with the purpose of managing a campaign to support or oppose a
candidate in an election;
(b) "Caucus campaign committee," which means members of one (1) of the
following caucus groups who receive contributions and make
expenditures to support or oppose one (1) or more specific candidates or
slates of candidates for nomination or election, or a committee:
1.
House Democratic caucus campaign committee;
2.
House Republican caucus campaign committee;
3.
Senate Democratic caucus campaign committee; and
4.
Senate Republican caucus campaign committee;
(c) "Political issues committee," which means three (3) or more persons
joining together to advocate or oppose a constitutional amendment or
public question which appears on the ballot if that committee receives or
expends money in excess of one thousand dollars ($1,000);
(d) "Permanent committee," which means a group of individuals, including an
association, committee or organization, other than a campaign committee,
political issues committee, inaugural committee, caucus campaign
committee, or party executive committee, which is established as, or
intended to be, a permanent organization having as a primary purpose
expressly advocating the election or defeat of one (1) or more clearly
identified candidates, slates of candidates, or political parties, which
functions on a regular basis throughout the year;
(e) An executive committee of a political party; and
(f) "Inaugural committee," which means one (1) or more persons who
receive contributions and make expenditures in support of inauguration
activities for any candidate or slate of candidates elected to any state,
county, city, or district office;
(4) "Contributing organization" means a group which merely contributes to
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(6)
(7)
candidates, slates of candidates, campaign committees, caucus campaign
committees, or executive committees from time to time from funds derived
solely from within the group, and which does not solicit or receive funds from
sources outside the group itself. However, any contributions made by the
groups in excess of one hundred dollars ($100) shall be reported to the
registry;
"Testimonial affair" means an affair held in honor of a person who holds or who
is or was a candidate for nomination or election to a political office in this state
designed to raise funds for any purpose not charitable, religious, or
educational;
"Contribution" means any:
(a) Payment, distribution, loan, deposit, or gift of money or other thing of
value, to a candidate, his agent, a slate of candidates, its authorized
agent, a committee, or contributing organization. As used in this
subsection, "loan" shall include a guarantee, endorsement, or other form
of security where the risk of nonpayment rests with the surety, guarantor,
or endorser, as well as with a committee, contributing organization,
candidate, slate of candidates, or other primary obligor. No person shall
become liable as surety, endorser, or guarantor for any sum in any one
(1) election which, when combined with all other contributions the
individual makes to a candidate, his agent, a slate of candidates, its
agent, a committee, or a contributing organization, exceeds the
contribution limits provided in KRS 121.150;
(b) Payment by any person other than the candidate, his authorized
treasurer, a slate of candidates, its authorized treasurer, a committee, or
a contributing organization, of compensation for the personal services of
another person which are rendered to a candidate, slate of candidates,
committee, or contributing organization, or for inauguration activities;
(c) Goods, advertising, or services with a value of more than one hundred
dollars ($100) in the aggregate in any one (1) election which are furnished
to a candidate, slate of candidates, committee, or contributing
organization or for inauguration activities without charge, or at a rate
which is less than the rate normally charged for the goods or services; or
(d) Payment by any person other than a candidate, his authorized treasurer,
a slate of candidates, its authorized treasurer, a committee, or
contributing organization for any goods or services with a value of more
than one hundred dollars ($100) in the aggregate in any one (1) election
which are utilized by a candidate, slate of candidates, committee, or
contributing organization, or for inauguration activities;
Notwithstanding the foregoing meanings of "contribution," the word shall not be
construed to include:
(a) Services provided without compensation by individuals volunteering a
portion or all of their time on behalf of a candidate, a slate of candidates,
committee, or contributing organization;
(b) A loan of money by any financial institution doing business in Kentucky
made in accordance with applicable banking laws and regulations and in
the ordinary course of business; or
(8)
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(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(c) An independent expenditure by any individual or permanent committee;
"Candidate" means any person who has received contributions or made
expenditures, has appointed a campaign treasurer, or has given his consent for
any other person to receive contributions or make expenditures with a view to
bringing about his nomination or election to public office, except federal office;
"Slate of candidates" means any two (2) persons who have filed a joint
notification and declaration pursuant to KRS 118.127, received contributions or
made expenditures, appointed a campaign treasurer, designated a campaign
depository, or given their consent for any other person to receive contributions
or make expenditures with a view to bringing about their nomination for election
to the offices of Governor and Lieutenant Governor. Unless the context
requires otherwise, any provision of law that applies to a candidate shall also
apply to a slate of candidates;
"Knowingly" means, with respect to conduct or to a circumstance described by
a statute defining an offense, that a person is aware or should have been
aware that his conduct is of that nature or that the circumstance exists;
"Fundraiser" means an individual who directly solicits and secures
contributions on behalf of a candidate or slate of candidates for a
statewide-elected state office or an office in a jurisdiction with a population in
excess of two hundred thousand (200,000) residents;
"Independent expenditure" means the expenditure of money or other things of
value for a communication which expressly advocates the election or defeat of
a clearly identified candidate or slate of candidates, and which is made without
any coordination, consultation, or cooperation with any candidate, slate of
candidates, campaign committee, or any authorized person acting on behalf of
any of them, and which is not made in concert with, or at the request or
suggestion of any candidate, slate of candidates, campaign committee, or any
authorized person acting on behalf of any of them;
"Electronic reporting" means the use of technology, having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities, by which an
individual or other entity submits, compiles, or transmits campaign finance
reports to the registry, or by which the registry receives, stores, analyzes, or
discloses the reports;
"Security procedure" means a procedure employed for the purpose of verifying
that an electronic signature, record, or performance is that of a specific person
or for detecting changes or errors in the information in an electronic record.
The term includes a procedure that requires the use of algorithms or other
codes, identifying words or numbers, encryption, or callback or other
acknowledgment procedures;
"Electronic signature" means an electronic sound, symbol, or process attached
to or logically associated with a record and executed or adopted by a person
with the intent to sign the record;
"Filer" means any candidate, a slate of candidates, committee, or other
individual or entity required to submit financial disclosure reports to the registry;
and
"Filer-side software" means software provided to or used by the filer that
enables transmittal of financial reports to the registry.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 10, effective July 15, 2008. -Amended 2005 Ky. Acts ch. 105, sec. 2, effective March 16, 2005. -- Amended
2000 Ky. Acts ch. 398, sec. 2, effective July 14, 2000. -- Amended 1996 Ky.
Acts ch. 153, sec. 4, effective July 15, 1996; and ch. 179, sec. 1, effective July
15, 1996. -- Amended 1994 Ky. Acts ch. 458, sec. 1, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 288, sec. 15, effective July 14, 1992. -- Amended
1986 Ky. Acts ch. 100, sec. 1, effective July 15, 1986. -- Amended 1980 Ky.
Acts ch. 292, sec. 1, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 130,
sec. 178.
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