KRS § 121.180 — KY Code / Title X / Chapter 121 / Section 121.180
121.180 Exemption from campaign finance reporting requirements -- Reports required of committees and treasurers -- Penalties -- Use of campaign funds -- Prohibited uses -- Disposition of unexpended campaign funds -- Electronic reporting -- "No change since last report" designation
Status: in_force

121.180 Exemption from campaign finance reporting requirements -- Reports

required of committees and treasurers -- Penalties -- Use of campaign funds --

Prohibited uses -- Disposition of unexpended campaign funds -- Electronic

reporting -- "No change since last report" designation.

(1) (a) 1. Persons becoming a candidate as defined in KRS 121.015(8) or slate of

candidates as defined in KRS 121.015(9), or a political issues committee

as defined in KRS 121.015(3)(d), shall submit a form prescribed and

furnished by the registry indicating whether they intend to raise or spend

in excess of five thousand dollars ($5,000) in any one (1) election, or

that contributions will not be accepted or expended in excess of five

thousand dollars ($5,000) in any one (1) election. Candidates and slates

of candidates shall submit this form to the registry within five (5) days

of receiving contributions or making expenditures with a view to

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

within five (5) days of filing papers to run for public office, whichever is

sooner. Candidates and slates of candidates who advance to a regular

election following a primary shall submit this form to the registry within

five (5) days after the date of the primary. Political issues committees

shall submit the form to the registry within five (5) days of meeting the

definition of political issues committee in KRS 121.015(3)(d).

2. Each candidate, slate of candidates, or political issues committee

indicating that contributions will not be accepted or expended in excess

of five thousand dollars ($5,000) in any one (1) election shall be exempt

from filing any campaign finance reports required by subsection (3) of

this section.

3. A separate form shall be required for each primary, regular, or special

election in which the candidate or slate of candidates participates or in

which the public question appears on the ballot. The form shall be

submitted by means of electronic filing with the registry.

4. Any person acting as a candidate or slate of candidates by receiving

contributions or making expenditures with a view to bringing about his

or her nomination or election to public office, or filing papers to run for

public office, or group of persons acting as a political issues committee,

who fails to file this form as required, or who fails to remedy a

deficiency within five (5) days, may be fined by the registry an amount

not to exceed two hundred dollars ($200) per day, up to a maximum

total fine of five thousand dollars ($5,000).

(b) For a primary, a candidate or slate of candidates shall file a request for

exemption not later than the deadline described in paragraph (a) of this

subsection for filing nomination papers and, except as provided in

subparagraph 2. of paragraph (c) of this subsection, shall be bound by its

terms unless it is rescinded in writing not later than thirty (30) days preceding

the primary. For a regular election, a candidate or slate of candidates shall file

or rescind in writing a request for exemption not later than sixty (60) days

preceding the regular election, except as provided in subparagraph 2. of

paragraph (c) of this subsection. For a special election, a candidate or slate of

candidates shall file a request for exemption not later than ten (10) days after

the candidate or slate of candidates is nominated for a special election and

shall be bound by its terms unless it is rescinded in writing not later than thirty

(30) days preceding the special election. A political issues committee chair

shall file a request for exemption when the committee registers with the

registry and shall be bound by its terms unless it is rescinded in writing not

later than thirty (30) days preceding the date the issue appears on the ballot.

(c) 1. A candidate or slate of candidates that revokes a request for exemption

in a timely manner shall file all reports required of a candidate intending

to raise or spend in excess of five thousand dollars ($5,000) in an

election. To revoke the request for an exemption, the candidate or slate

of candidates shall file the appropriate form with the registry not later

than the deadline for filing a revocation.

2. A candidate or slate of candidates that is exempted from campaign

finance reporting requirements pursuant to paragraph (a) of this

subsection but who accepts contributions or makes expenditures in

excess of the exempted amount in an election, shall file all applicable

reports required for the remainder of that election, based upon the

amount of contributions or expenditures the candidate or slate of

candidates accepts or receives in that election.

(d) Any candidate or slate of candidates that is subject to a June or August filing

deadline and that intends to execute a request for exemption shall file the

appropriate request for exemption not later than the deadline described in

paragraph (a) of this subsection and, except as provided in subparagraph 2. of

paragraph (c) of this subsection, shall be bound by its terms unless it is

rescinded in writing not later than sixty (60) days preceding the regular

election. A candidate or slate of candidates that is covered by this paragraph

shall have the same reversion rights as those provided in subparagraph 1. of

paragraph (c) of this subsection.

(e) Any candidate or slate of candidates that will appear on the ballot in a regular

election that has signed a request for exemption for that election may exercise

the reversion rights provided in subparagraph 1. of paragraph (c) of this

subsection if a candidate or slate of candidates that is subject to a June or

August filing deadline subsequently files in opposition to the candidate or

slate of candidates. Except as provided in subparagraph 2. of paragraph (c) of

this subsection, a candidate or slate of candidates covered by this paragraph

shall comply with the deadline for rescission provided in subparagraph 1. of

paragraph (c) of this subsection.

(f) Except as provided in subparagraph 2. of paragraph (c) of this subsection, any

candidate or slate of candidates that has filed a request for exemption for a

regular election that later is opposed by a person who has filed a declaration

of intent to receive write-in votes may rescind the request for exemption and

exercise the reversion rights provided in subparagraph 1. of paragraph (c) of

this subsection.

(g) Any candidate or slate of candidates that has filed a request for exemption

may petition the registry to determine whether another person is campaigning

as a write-in candidate prior to having filed a declaration of intent to receive

write-in votes, and, if the registry determines upon a preponderance of the

evidence that a person who may later be a write-in candidate is conducting a

campaign, the candidate or slate of candidates, except as provided in

subparagraph 2. of paragraph (c) of this subsection, may petition the registry

to permit the candidate or slate of candidates to exercise the reversion rights

provided in subparagraph 1. of paragraph (c) of this subsection.

(h) If the opponent of a candidate or slate of candidates is replaced due to his or

her withdrawal because of death, disability, or disqualification, the candidate

or slate of candidates, except as provided in subparagraph 2. of paragraph (c)

of this subsection, may exercise the reversion rights provided in subparagraph

1. of paragraph (c) of this subsection not later than fifteen (15) days after the

party executive committee nominates a replacement for the withdrawn

candidate or slate of candidates.

(i) A person intending to be a write-in candidate for any office in a regular or

special election may execute a request for exemption under paragraph (a) of

this subsection and shall be bound by its terms unless it is rescinded in writing

not later than fifteen (15) days preceding the regular or special election. A

person intending to be a write-in candidate who revokes a request for

exemption in a timely manner shall file all reports required of a candidate

intending to raise or spend in excess of five thousand dollars ($5,000) in an

election. Except as provided in subparagraph 2. of paragraph (c) of this

subsection, a person intending to be a write-in candidate who revokes a

request for exemption shall file the appropriate form with the registry.

(j) Except as provided in subparagraph 2. of paragraph (c) of this subsection, the

campaign committee of any candidate or slate of candidates that has filed a

request for exemption or a political issues committee whose chair has filed a

request for exemption shall be bound by its terms unless it is rescinded in a

timely manner.

(k) 1. Except as provided in subparagraph 2. of paragraph (c) of this

subsection, any candidate, slate of candidates, or political issues

committee that is exempt from filing campaign finance reports pursuant

to paragraph (a), (d), or (i) of this subsection that accepts contributions

or makes expenditures, or whose campaign treasurer accepts

contributions or makes expenditures, in excess of the applicable limit in

any one (1) election without rescinding the request for exemption in a

timely manner shall comply with all applicable reporting requirements

and, in lieu of other penalties prescribed by law, pay a fine of not less

than five hundred dollars ($500).

2. Except as provided in subparagraph 2. of paragraph (c) of this

subsection, a candidate, slate of candidates, campaign committee, or

political issues committee that is exempt from filing campaign finance

reports pursuant to paragraph (a), (d), or (i) of this subsection that

knowingly accepts contributions or makes expenditures in excess of the

applicable spending limit in any one (1) election without rescinding the

request for exemption in a timely manner shall comply with all

applicable reporting requirements and shall be guilty of a Class D

felony.

(l) 1. Any candidate exempt from filing under this subsection for a primary

shall file a report described in subsection (4) of this section.

2. Any candidate exempt from filing under this subsection for a primary

who advances to the regular election shall file for an additional

exemption under this section for the regular election or the candidate

shall no longer be exempt from the filing requirements.

3. In the event a candidate exempt from filing under this subsection is no

longer eligible for the exemption, he or she shall immediately file for a

revocation of the exemption under paragraph (c) of this subsection.

(2) (a) State and county executive committees, and caucus campaign committees

shall make a full report, upon a prescribed form, to the registry, of all money,

loans, or other things of value, received from any source, and expenditures

authorized, incurred, or made, since the date of the last report, including:

1. For each contribution of any amount made by a permanent committee,

the name and business address of the permanent committee, the date of

the contribution, the amount contributed, and a description of the major

business, social, or political interest represented by the permanent

committee;

2. For other contributions in excess of one hundred dollars ($100), the full

name, address, age if less than the legal voting age, the date of the

contribution, the amount of the contribution, and the employer and

occupation of each contributor. If the contributor is self-employed, the

name under which he or she is doing business shall be listed;

3. The total amount of cash contributions received during the reporting

period; and

4. A complete statement of expenditures authorized, incurred, or made.

The complete statement of expenditures shall include the name and

address of each person to whom an expenditure is made in excess of

twenty-five dollars ($25), and the amount, date, and purpose of each

expenditure.

(b) In addition to the reporting requirements in paragraph (a) of this subsection,

the state executive committee of a political party that has established a

building fund account under KRS 121.172 shall make a full report, upon a

prescribed form, to the registry, of all contributions received from any source,

and expenditures authorized, incurred, or made, since the date of the last

report for the separate building fund account, including:

1. For each contribution of any amount made by a corporation, the name

and business address of the corporation, the date of the contribution, the

amount contributed, and a description of the major business conducted

by the corporation;

2. For other contributions in excess of one hundred dollars ($100), the full

name and address of the contributor, the date of the contribution, the

amount of the contribution, and the employer and occupation of each

contributor. If the contributor is self-employed, the name under which

he or she is doing business shall be listed;

3. The total amount of cash contributions received during the reporting

period; and

4. A complete statement of expenditures authorized, incurred, or made.

The complete statement of expenditures shall include the name and

address of each person to whom an expenditure is made in excess of

twenty-five dollars ($25), and the amount, date, and purpose of each

expenditure.

(c) The report required by paragraph (a) of this subsection shall be made on a

semiannual basis if the committee has more than ten thousand dollars

($10,000) in its campaign fund account, and shall be received by the registry

by January 31 and by July 31. The January report shall cover the period from

July 1 to December 31. The July report shall cover the period from January 1

to June 30. If the committee has less than ten thousand dollars ($10,000) in its

campaign fund account the report required by paragraph (a) of this subsection

shall be made on an annual basis, and shall be received by the registry by

January 31. If an individual gives a reportable contribution to a caucus

campaign committee or to a state or county executive committee with the

intention that the contribution or a portion of the contribution go to a

candidate or slate of candidates, the name of the contributor and the sum shall

be indicated on the committee report. The report required by paragraph (b) of

this subsection relating to a state executive committee's building fund account

shall be received by the registry within two (2) business days after the close of

each calendar quarter. The receipts and expenditures of funds remitted to each

political party under KRS 141.071 to 141.073 shall be separately accounted

for and reported to the registry in the manner required by KRS 121.230. The

separate report may be made a separate section within the report required by

this subsection to be received by the registry by January 31.

(3) (a) Except for candidates or slates of candidates, campaign committees, or

political issues committees exempted from reporting requirements pursuant to

subsection (1) of this section, each campaign treasurer of a candidate, slate of

candidates, campaign committee, or political issues committee who accepts

contributions or expends, expects to accept contributions or expend, or

contracts to expend more than five thousand dollars ($5,000) in any one (1)

election, and each fundraiser who secures contributions in excess of five

thousand dollars ($5,000) in any one (1) election, shall make a full report to

the registry, on a form provided or using a format approved by the registry, of

all money, loans, or other things of value, received from any source, and

expenditures authorized, incurred, and made, since the date of the last report,

including:

1. For each contribution of any amount made by a permanent committee,

the name and business address of the permanent committee, the date of

the contribution, the amount contributed, and a description of the major

business, social, or political interest represented by the permanent

committee;

2. For each contribution in excess of one hundred dollars ($100) made to

any candidate or campaign committee or a political issues committee,

the full name, address, age if less than the legal voting age, the date of

the contribution, the amount of the contribution, and the employer and

occupation of each other contributor. If the contributor is self-employed,

the name under which he or she is doing business shall be listed;

3. The total amount of cash contributions received during the reporting

period; and

4. A complete statement of all expenditures authorized, incurred, or made.

The complete statement of expenditures shall include the name, address,

and occupation of each person to whom an expenditure is made in

excess of twenty-five dollars ($25), and the amount, date, and purpose

of each expenditure.

(b) Reports of all candidates, slates of candidates, campaign committees,

independent expenditure-only committees, political issues committees, and

registered fundraisers shall be made as follows:

1. a. Candidates seeking statewide office, slates of candidates,

campaign committees for candidates seeking statewide office and

for slates of candidates, independent expenditure-only committees,

political issues committees, and fundraisers which file the form

described in subsection (1)(a) of this section before the year of an

election in which the candidate, a slate of candidates, or public

question shall appear on the ballot, shall file financial reports with

the registry at the end of the first calendar quarter after persons

become statewide candidates or slates of candidates, or following

registration of the committee or fundraiser, and each calendar

quarter thereafter, ending with the last calendar quarter of that

year. The provisions of this subparagraph shall be retroactive to

January 1, 2021;

b. All other candidates and campaign committees shall file annual

financial reports to be received by the registry on or before

December 1 for each year that a candidate is not yet on the ballot

but has filed a form as described in subsection (1)(a) of this

section with the registry for a future-year election; and

c. Candidates, slate of candidates, or committees shall make all

reports required by subparagraphs 2. to 5. of this paragraph during

the year in which the election takes place;

2. All candidates, slates of candidates, campaign committees, independent

expenditure-only committees, political issues committees, and registered

fundraisers shall make reports on the sixtieth day preceding a regular

election, including all previous contributions and expenditures;

3. All candidates, slates of candidates, campaign committees, independent

expenditure-only committees, political issues committees, and registered

fundraisers shall make reports on the thirtieth day preceding an election,

including all previous contributions and expenditures;

4. All candidates, slates of candidates, campaign committees, independent

expenditure-only committees, political issues committees, and registered

fundraisers shall make reports on the fifteenth day preceding the date of

the election; and

5. All reports to the registry shall cover campaign activity during the entire

reporting period and must be received by the registry within two (2)

business days after the date the reporting period ends to be deemed

timely filed.

(4) All candidates, regardless of funds received or expended, campaign committees,

independent expenditure-only committees, political issues committees, and

registered fundraisers shall make post-election reports within thirty (30) days after

the election. All post-election reports to the registry shall cover campaign activity

during the entire reporting period and must be received by the registry within two

(2) business days after the date the reporting period ends to be deemed timely filed.

For candidates, slates of candidates, and political issues committees otherwise

exempt under subsection (1)(a) of this section, the reporting period begins the day

the request for exemption is filed with the registry and continues through the

thirtieth day after the election.

(5) In making the preceding reports, the total gross receipts from each of the following

categories shall be listed: proceeds from the sale of tickets for events such as

testimonial affairs, dinners, luncheons, rallies, and similar fundraising events, mass

collections made at the events, and sales of items such as campaign pins, buttons,

hats, ties, literature, and similar materials. When any individual purchase or the

aggregate purchases of any item enumerated above from a candidate or slate of

candidates for a statewide-elected state office or a campaign committee for a

candidate or slate of candidates for a statewide-elected state office exceeds one

hundred dollars ($100), the purchaser shall be identified by name, address, age, if

less than the legal voting age, occupation, and employer or, if the purchaser is self-

employed, the name under which he or she is doing business, and the amount of the

purchase. When any individual purchase or the aggregate purchases of any item

enumerated above from any candidate or campaign committee other than a

candidate or slate of candidates for a statewide-elected state office or campaign

committee for a candidate or slate of candidates for a statewide-elected state office

exceeds one hundred dollars ($100), the purchaser shall be identified by name,

address, age if less than the legal voting age, occupation, and employer or, if the

purchaser is self-employed, the name under which he or she is doing business, and

the amount of the purchase. The lists shall be maintained by the campaign treasurer,

political issues committee treasurer, registered fundraiser, or other sponsor for

inspection by the registry for six (6) years following the date of the election.

(6) Each permanent committee, except a federally registered political committee as

defined in 52 U.S.C. sec. 30101(4)(a), inaugural committee, or contributing

organization shall make a full report to the registry, on a form provided or using a

format approved by the registry, of all money, loans, or other things of value,

received by it from any source, and all expenditures authorized, incurred, or made,

since the date of the last report, including:

(a) For each contribution of any amount made by a permanent committee, the

name and business address of the permanent committee, the date of the

contribution, the amount contributed, and a description of the major business,

social, or political interest represented by the permanent committee;

(b) For other contributions in excess of one hundred dollars ($100), the full name,

address, age if under the legal voting age, the date of the contribution, the

amount of the contribution, and the employer and occupation of each

contributor. If the contributor is self-employed, the name under which he or

she is doing business shall be listed;

(c) An aggregate amount of cash contributions, the amount contributed by each

contributor, and the date of each contribution; and

(d) A complete statement of all expenditures authorized, incurred, or made,

including independent expenditures. This report shall be made by a permanent

committee, inaugural committee, or contributing organization to the registry

on the last day of the first calendar quarter following the registration of the

committee with the registry and on the last day of each succeeding calendar

quarter until such time as the committee terminates. A contributing

organization shall file a report of contributions received and expenditures on a

form provided or using a format approved by the registry not later than the

last day of each calendar quarter in which contributions are received or

expenditures are made. All reports to the registry shall be received on or

before each filing deadline, and any report received by the registry within two

(2) business days after each filing deadline shall be deemed timely filed.

(7) If the final statement of a candidate, campaign committee, independent expenditure-

only committee, or political issues committee shows an unexpended balance of

contributions, continuing debts and obligations, or an expenditure deficit, the

campaign treasurer shall file with the registry a supplemental statement of

contributions and expenditures not more than thirty (30) days after the deadline for

filing the final statement. Subsequent supplemental statements shall be filed

annually, to be received by the registry by December 1 of each year, until the

account shows no unexpended balance, continuing debts and obligations,

expenditures, or deficit. All post-election reports to the registry shall cover

campaign activity during the entire reporting period and must be received by the

registry within two (2) business days after the date the reporting period ends to be

deemed timely filed. All contributions shall be subject to KRS 121.150 as of the

date of the election in which the candidate appeared on the ballot.

(8) All reports filed under the provisions of this chapter shall be a matter of public

record open to inspection by any member of the public immediately upon receipt of

the report by the registry.

(9) A candidate or slate of candidates is relieved of the duty personally to file reports

and keep records of receipts and expenditures if the candidate or slate states in

writing or on forms provided by the registry that:

(a) Within five (5) business days after personally receiving any contributions, the

candidate or slate of candidates shall surrender possession of the contributions

to the treasurer of their campaign committee without expending any of the

proceeds thereof. No contributions shall be commingled with the candidate's

or slated candidates' personal funds or accounts. Contributions received by

check, money order, or other written instrument shall be endorsed directly to

the campaign committee and shall not be cashed or redeemed by the

candidate;

(b) The candidate or slate of candidates shall not make any unreimbursed

expenditure for the campaign, except that this paragraph does not preclude a

candidate or slate from making an expenditure from personal funds to the

designated campaign committee, which shall be reported by the committee as

a contribution received; and

(c) The waiver shall continue in effect as long as the candidate or slate of

candidates complies with the conditions under which it was granted.

(10) (a) No candidate, slate of candidates, campaign committee, independent

expenditure-only committee, political issues committee, or contributing

organization shall use or permit the use of contributions or funds solicited or

received for the person or in support of or opposition to a public issue which

will appear on the ballot to:

1. Further the candidacy of the person for a different public office;

2. Support or oppose a different public issue; or

3. Further the candidacy of any other person for public office.

(b) Nothing in this subsection shall be deemed to prohibit a candidate or slate of

candidates from using funds in a campaign account to contribute directly to

another candidate or slate of candidates for state or federal office, or to

purchase admission tickets for any fundraising event or testimonial affair for

another candidate or slate of candidates for state or federal office, if the

amount of the purchase or contribution does not exceed the individual

contribution limit contained in KRS 121.150(6) or 52 U.S.C. sec. 30116 in

any one (1) election.

(c) Any funds or contributions solicited or received by or on behalf of a

candidate, slate of candidates, or any committee, which has been organized in

whole or in part to further any candidacy for the same person or to support or

oppose the same public issue, shall be deemed to have been solicited or

received for the current candidacy or for the election on the public issue if the

funds or contributions are solicited or received at any time prior to the regular

election for which the candidate, slate of candidates, or public issue is on the

ballot.

(d) Any unexpended balance of funds not otherwise obligated for the payment of

expenses incurred to further a political issue or the candidacy of a person

shall, in whole or in part, at the election of the candidate or committee:

1. Escheat to the State Treasury;

2. Be returned pro rata to all contributors;

3. In the case of a partisan candidate, be transferred to:

a. A caucus campaign committee; or

b. The state or county executive committee of the political party of

which the candidate is a member;

4. Be retained to further the same public issue or to seek election to the

same office; or

5. Be donated to any charitable, nonprofit, or educational institution

recognized under Section 501(c)(3) of the United States Internal

Revenue Code of 1986, as amended, and any successor thereto, from

which the candidate or committee receives no financial benefit.

(11) If adequate and appropriate agency funds are available to implement this

subsection, electronic reporting shall be made available by the registry to all

candidates, slates of candidates, committees, contributing organizations, registered

fundraisers, and persons making independent expenditures. The electronic report

submitted to the registry shall be the official campaign finance report for audit and

other legal purposes, whether mandated or filed by choice.

(12) The date that an electronic or on-line report shall be deemed to have been filed with

the registry shall be the date on which it is received by the registry.

(13) All electronic or online filers shall affirm, under penalty of perjury, that the report

filed with the registry is complete and accurate.

(14) Filers who submit electronic campaign finance reports which are not readable, or

cannot be copied shall be deemed to not be in compliance with the requirements set

forth in this section.

(15) Beginning with the primary scheduled in calendar year 2020, and for each

subsequent election scheduled thereafter, reports required to be submitted to the

registry involving candidates, slates of candidates, committees, contributing

organizations, and independent expenditures shall be reported electronically.

(16) (a) On each form that the registry supplies for the reports required under

subsections (2), (3), and (6) of this section, the registry shall include an entry

reading, "No change since last report."

(b) If a person or entity that is required to report under subsection (2), (3), or (6)

of this section has received no money, loans, or other things of value from any

source since the date of its last report and has not authorized, incurred, or

made any expenditures since that date, the person or entity may check or

otherwise designate the entry that reads, "No change since last report." A

person or entity designating this entry in a report shall state the balance

carried forward from the last report but need not specify receipts or

expenditures in further detail.