KRS § 121.175 — KY Code / Title X / Chapter 121 / Section 121.175
121.175 Allowable campaign expenditures -- Administrative regulations -- Penalties
Status: in_force

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 and

fundraisers, food and beverages provided at a campaign rally, advertising, office

space, necessary travel if reported, 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, or for fees incurred

from legal services while defending a matter before the Kentucky Legislative Ethics

Commission in which the final adjudication is rendered in favor of the candidate.

"Allowable campaign expenditures" does not include necessary travel unless

reported, 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.

(2) A member of the General Assembly may utilize funds in his or her campaign

account to:

(a) Contribute up to five thousand dollars ($5,000) per year to a political party or

caucus campaign committee;

(b) Contribute directly to another candidate, slate of candidates, political party, or

caucus campaign committee until his or her campaign funds have been

exhausted and the account has been closed, if the amount of the contribution

does not exceed the contribution limits contained in KRS 121.150(6) and (11);

(c) Make allowable campaign expenditures in both election years and nonelection

years;

(d) Upon approval by the President of the Senate or the Speaker of the House of

Representatives, depending on the member's chamber:

1. Attend a conference, meeting, reception, or similar event; or

2. Attend an educational course or seminar that maintains or improves

skills employed by the member in carrying out the duties of his or her

elective office; and

(e) Pay for fees incurred from legal services while defending a matter arising

from his or her campaign or election or the performance of his or her official

duties.

(3) The registry shall promulgate administrative regulations to implement and enforce

the provisions of subsection (1) of this section.

(4) 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

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).