042418 KSEO, ETH 2018-02

• Case Date: April 24, 2018
• Court: Kansas

ETH 2018-02 Opinion No. 2018-02 Kansas Ethics Opinion April 24, 2018          Rep. Jason Probst          P.O. Box 3262          Hutchinson, Kansas 67504          Synopsis: For campaign receipts and expenditures reports, required by K.S.A. 25-4148, the reporting of proceeds from the sale of political materials hinges on whether the sale is bona fide. Proceeds from bona fide sales are reported in the aggregate and are not subject to contribution limits. Proceeds from non-bona fide sales are reported as contributions and subject to contribution limits.          Cited herein: K.S.A. 25-4143(e)(1), 25-4148, and K.A.R. 19-27-2.          Dear Rep. Probst,          We understand that you request this opinion as an incumbent Kansas representative standing for reelection in 2018. Our opinion regarding application of the Kansas campaign finance act, K.S.A. 25-4119e, et sec/., (act) responds to your request received February 27, 2018. Pursuant to K.S.A. 75-4303a(a), jurisdiction of the Kansas Governmental Ethics Commission (commission) is limited to applicability of the act. The commission's opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          QUESTIONS          How should proceeds from the sales of political materials be reported?          Are proceeds from the sales of political materials subject to contribution limits?          ANALYSIS AND CONCLUSION          The Kansas campaign finance act defines "contribution" in K.S.A 25-4143:

(e)(1) "Contribution" means:

(A) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office.

(B) Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the

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