121.175 Allowable campaign expenditures -- Administrative regulations -- Penalties. - Kentucky Statutes

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Page 1 of 2 121.175 Allowable campaign expenditures -- Administrative regulations -- Penalties. (1) No candidate, committee, or contributing organization shall permit funds in a campaign account to be expended for any purpose other than for allowable
campaign expenditures. "Allowable campaign expenditures" means expenditures
including reimbursement for actual expenses, made directly and primarily in
support of or opposition to a candidate, constitutional amendment, or public
question which will appear on the ballot and includes, but is not limited to,
expenditures for staff salaries, gifts and meals for volunteer campaign workers, food
and beverages provided at a campaign rally, advertising, office space, necessary
travel, campaign paraphernalia, purchases of advertisements in athletic and
scholastic publications, communications with constituents or prospective voters,
polling and consulting, printing, graphic arts, or advertising services, postage, office
supplies, stationery, newsletters, and equipment which is used primarily for the
administration of the campaign. "Allowable campaign expenditures" does not
include expenditures of funds in a campaign account for any purpose made
unlawful by other provisions of the Kentucky Revised Statutes or which would
bestow a private pecuniary benefit, except for payment of the reasonable value of
goods and services provided upon a candidate, member of the candidate's family,
committee, or contributing organization, or any of their employees, paid or unpaid,
including: tickets to an event which is unrelated to a political campaign or
candidacy; items of personal property for distribution to prospective voters except
items bearing the name, likeness, or logo of a candidate or a campaign-related
communication; expenditures to promote or oppose a candidacy for a leadership
position in a governmental, professional, or political organization, or other entity;
and equipment or appliances the primary use of which is for purposes outside of the
campaign. The provisions of KRS 121.190 notwithstanding, a candidate shall not be
required to include a disclaimer on campaign stationery purchased with funds from
his campaign account. A member of the General Assembly may utilize funds in his
campaign account to purchase admission tickets for political party functions and
caucus campaign committee functions, to purchase items with a value of not in
excess of one hundred dollars ($100) for donation to a political party or caucus
campaign committee for auctions and fundraisers, and to participate in or support
other events sponsored by a political party or caucus campaign committee. A
member of the General Assembly may make allowable campaign expenditures in
both election years and nonelection years. (2) By December 31, 1993, the registry shall promulgate administrative regulations to implement and enforce the provisions of subsection (1). (3) In lieu of the penalties provided in KRS 121.140 and 121.990 for a violation of this section, the registry may, after hearing:
(a) For a violation which was not committed knowingly, order the violator to repay the amount of campaign funds which were expended for other than
allowable campaign expenditures, and if not repaid within thirty (30) days,
may impose a fine of up to one hundred dollars ($100) for each day the Page 2 of 2 amount is not repaid, up to a maximum fine of one thousand dollars ($1,000);
and (b) For a violation which was committed knowingly, in addition to referring the matter for criminal prosecution, order the violator to repay the amount of
campaign funds which were expended for other than allowable campaign
expenditures, and if not repaid within thirty (30) days, may impose a fine of
up to one hundred dollars ($100) for each day the amount is not repaid, up to a
maximum fine of one thousand dollars ($1,000). Effective: March 16, 2005
History: Amended 2005 Ky. Acts ch. 105, sec. 7, effective March 16, 2005. -- Amended 1994 Ky. Acts ch. 458, sec. 11, effective July 15, 1994; and ch. 479,
sec. 7, effective July 15, 1994. -- Created 1993 (1st Extra. Sess.) Ky. Acts ch. 4,
sec. 63, effective November 3, 1993.