KRS § 121.190 — KY Code / Title X / Chapter 121 / Section 121.190
121.190 Identification of contributors and advertisers
Status: in_force

121.190 Identification of contributors and advertisers.

(1) All newspaper or magazine advertising, posters, circulars, billboards, handbills,

sample ballots, and paid-for television or radio announcements, or any other type of

general public political advertising, which expressly advocate the election or defeat

of a clearly identified candidate, slate of candidates, or group of candidates for

nomination or election to any public office, or expressly advocate or oppose a ballot

measure, shall be identified by the words "paid for by" followed by the name and

address of the individual or committee which paid for the communication; except

that if paid for by a candidate, slate of candidates, or campaign committee, it shall

be identified only by the words "paid for by" followed by the name of the

candidate, slate of candidates, or campaign committee, whichever is applicable. For

television and radio broadcasts, compliance with Federal Communications

Commission regulations regarding sponsored programs and broadcasts by

candidates for public office shall be considered compliance with this section.

(2) The disclaimer described in subsection (1) of this section shall appear and be

presented in a clear and conspicuous manner to give the reader or observer adequate

notice of the identity of the purchaser of the communication. A disclaimer does not

comply with this section if the disclaimer is difficult to read or if the placement of

the disclaimer is easily overlooked.

(3) The provisions of subsection (1) of this section shall not apply to:

(a) Any news articles, editorial endorsements, opinion, or commentary writings,

or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or

other periodical not owned or controlled by a candidate or committee;

(b) Any editorial endorsements or opinions aired by a broadcast facility not

owned or controlled by a candidate or committee;

(c) Any communication by a person made in the regular course and scope of the

person's business or any communication made by a membership organization

solely to members of the organization and the members' families; and

(d) Any communication that refers to any candidate only as part of the popular

name of a bill or statute.

(4) (a) A person shall not use, cause or permit to be used, or continue to use any

published, distributed, or broadcast political advertising containing express

advocacy that the person knows does not include the disclosure required by

subsection (1) of this section. A person is presumed to know that the use of

political advertising is prohibited by this subsection if the registry notifies the

person in writing that the use is prohibited.

(b) A person who learns that political advertising signs that have been distributed

do not include the disclosure required by subsection (1) of this section or

include a disclosure that does not comply with subsection (1) of this section

does not commit a violation of this subsection if the person makes a good-

faith attempt to remove or correct those signs within forty-eight (48) hours

and provides the registry with proof of correction.

(5) The management of newspapers and magazines shall keep a one (1) year record of

all statements, articles, or advertisements referred to in subsection (1) of this

section, that appear in their publications, however, nothing in subsection (1) of this

section shall be construed to require editors or editorial writers of newspapers and

magazines to identify themselves in the manner therein required with any article or

editorial written by them as part of their duties as an employee or employer.