KRS § 121.015 — KY Code / Title X / Chapter 121 / Section 121.015
121.015 Definitions for chapter
Status: in_force

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, that is authorized by the candidate or slate

of candidates to receive contributions, make expenditures, and generally

conduct a campaign for the candidate or slate of candidates, 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) "Independent expenditure-only committee," which means one (1) or more

persons who receive unlimited contributions for the purpose of making only

independent 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;

(c) "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;

4. Senate Republican caucus campaign committee; or

5. Subdivisions of the state executive committee of a minor political party,

which serve the same function as the above-named committees, as

determined by regulations promulgated by the registry;

(d) "Political issues committee," which means three (3) or more persons joining

together to advocate or oppose a ballot measure if that committee receives or

expends money in excess of one thousand dollars ($1,000);

(e) "Permanent committee," which means a group of individuals, including an

association, committee, or organization, other than a campaign committee,

independent expenditure-only committee, federally registered political

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;

(f) An executive committee of a political party; and

(g) "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 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. Any contributions made by the groups in excess of one hundred dollars

($100) shall be reported to the registry;

(5) "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;

(6) "Contribution" means any:

(a) Payment, distribution, loan, deposit, or gift of money or other thing of value,

to a candidate, his or her 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 or her 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 or her 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 or her 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;

(7) 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

(c) An independent expenditure by any individual or permanent committee;

(8) "Candidate" means any person who has received contributions or made

expenditures, has appointed a campaign treasurer, or has given his or her consent

for any other person to receive contributions or make expenditures with a view to

bringing about his or her nomination or election to a nonfederal public office,

except as provided in KRS 121.180(10)(b);

(9) "Slate of candidates" means:

(a) Between the time a certificate or petition of nomination has been filed for a

candidate for the office of Governor under KRS 118.365 and the time the

candidate designates a running mate for the office of Lieutenant Governor

under KRS 118.126, a slate of candidates consists of the candidate for the

office of Governor; and

(b) After that candidate has designated a running mate under KRS 118.126, that

same slate of candidates consists of that same candidate for the office of

Governor and the candidate's running mate for the office of Lieutenant

Governor. Unless the context requires otherwise, any provision of law that

applies to a candidate shall also apply to a slate of candidates;

(10) "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 or her conduct is of that nature or that the circumstance exists;

(11) "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;

(12) "Independent expenditure" means:

(a) 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:

1. 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

2. 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; or

(b) The expenditure of money or other things of value for a communication which

expressly advocates or opposes a ballot measure, and which:

1. Is made without any coordination, consultation, or cooperation with any

political issues committee, or any authorized person acting on behalf of

a political issues committee; and

2. Is not made in concert with, or at the request or suggestion of, any

political issues committee, or any authorized person acting on behalf of

a political issues committee;

(13) "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;

(14) "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;

(15) "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;

(16) "Filer" means any candidate, a slate of candidates, committee, or other individual or

entity required to submit financial disclosure reports to the registry;

(17) "Filer-side software" means software provided to or used by the filer that enables

transmittal of financial reports to the registry;

(18) "Form" means an online web page or an electronic document designed to capture,

validate, and submit data for processing to the registry, unless the context otherwise

prescribes;

(19) "Reasonable cause" means an event, happening, or circumstance entirely beyond

the knowledge or control of the candidate, slate of candidates, or committee, which

has exercised due care and prudence in maintaining the records of the campaign or

committee pursuant to statute or administrative regulation;

(20) "Foreign national" means:

(a) An individual who is not a citizen or lawful permanent resident of the United

States;

(b) A government, political subdivision, or municipality of a foreign country;

(c) A foreign political party;

(d) Any entity, including but not limited to a partnership, association, corporation,

organization, or other combination of persons, that is organized under the

laws of or has its principal place of business in a foreign country; or

(e) Any entity in the United States, including but not limited to a partnership,

association, corporation, or organization that is wholly or majority owned by

any foreign national, unless:

1. Any contribution or expenditure the entity makes derives entirely from

funds generated by the entity's United States operations; and

2. All decisions concerning the contribution or expenditure, except for

setting overall budget amounts, are made by individuals who are United

States citizens or permanent residents;

(21) "Ballot measure" means a question, other than the nomination or election of a

candidate for public office, which has been:

(a) Approved by a political subdivision or the General Assembly and is required

by law to be placed before the voters of the territory affected; or

(b) Initiated or referred by citizen petition as authorized by KRS 242.020 and

placed before the voters of the territory affected;

(22) "Preliminary activity" includes but is not limited to:

(a) Participating in focus groups;

(b) Making telephone calls;

(c) Traveling;

(d) Conducting polls; and

(e) Drafting ballot measure language; and

(23) "Tax-exempt organization" means an organization described in 26 U.S.C. sec.

501(c) and exempt from federal taxation under 26 U.S.C. sec. 501(a). This

subsection shall not be construed to treat a political organization under 26 U.S.C.

sec. 527 as a tax-exempt organization for purposes of this chapter.