042419 KSEO, ETH 2019-02

• Case Date: April 24, 2019
• Court: Kansas

ETH 2019-02 Opinion No. 2019-02 Kansas Ethics Opinion April 24, 2019          Tom Pettey          Treasurer for Candidate Cheryl Helmer          3109 Bolero Court          Winfield, Kansas 67156          Synopsis: Under the facts provided, the cost of damages to a personal vehicle incurred while being used for campaigning are limited to mileage reimbursement at the state rate.          Cited herein: K.S.A. 25-4157a, Opinion No. 2007-14.          Dear Mr. Pettey,          We understand that you request this opinion as the treasurer for a campaign for legislative office. Our opinion regarding application of the Kansas campaign finance act (act), K.S.A. 25-4119e, et seq., responds to your request dated March 15, 2019. 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.          FACTUAL STATEMENT          The treasurer of a campaign for the state representative drove his personal vehicle for campaign purposes to various venues including parades. The treasurer affixed magnetic signs with a message containing express advocacy. The magnetic signs were left on the doors of the treasurer's vehicle for approximately three months. Had it not been for the campaign the treasurer would not have placed the magnetic signs on the vehicle. After the magnetic signs were removed the vehicle's paint behind where the signs were placed displayed fading of the paint.          QUESTION          May campaign contributions be used to pay for repairs to a personal vehicle when the damage occurred to the vehicle while being used for campaign purposes?          ANALYSIS AND OPINION          Permitted use of campaign funds are provided in K.S.A. 25-4157a(a) which provides:

No moneys received by any candidate or candidate committee of any candidate as a contribution under this act shall be used or be made available for

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