052419 KSEO, ETH 2019-03

Case DateMay 24, 2019
CourtKansas
ETH 2019-03
Opinion No. 2019-03
Kansas Ethics Opinion
May 24, 2019
         Synopsis: The K.S.A. 25-4153a(b) prohibition upon solicitation of contributions during session by legislators applies to solicitations that are made for a political committee (PAC) or party committee.          Cited herein: K.S.A. 25-4143, 25-4153a. Reversing Opinion No 2007-04.          TO ALL INTERESTED PERSONS:          Pursuant to K.S.A. 25-4159, the Kansas Governmental Ethics Commission issues this opinion regarding limits upon legislators soliciting contributions during session.          ISSUE          May a legislator solicit contributions for a political committee (PAC) or party committee after January 1 of each year and prior to adjournment sine die of the regular legislative session or at any other time in which the legislature is in session (during session)?          ANALYSIS AND OPINION          Solicitation of contributions by a legislator is limited by K.S.A. 25-4153a(b):
No legislator, officer, candidate or committee described in subsection (a)(1) through (6) shall accept or knowingly solicit any contribution as defined by K.S.A. 25-4143, and amendments thereto, from any registered lobbyist, political committee or person other than an individual, during such period of time described in subsection (a), except that a general public solicitation which does not solicit a specific individual and is distributed via social media shall be permissible.
         In pertinent part, K.S.A. 25-4143(e)(l), provides that "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 nomination, election or defeat of a clearly identified candidate for a state or
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