KRS § 121.150 — KY Code / Title X / Chapter 121 / Section 121.150
121.150 Campaign contribution restrictions and expenditure limitations
Status: in_force

121.150 Campaign contribution restrictions and expenditure limitations.

(1) No contribution shall be made or received, directly or indirectly, other than an

independent expenditure, to support inauguration activities or to support or defeat a

candidate, slate of candidates, constitutional amendment, or public question which

will appear on the ballot in an election, except through the duly appointed campaign

manager, or campaign treasurer of the candidate, slate of candidates, or registered

committee. Any person making an independent expenditure, shall report these

expenditures when the expenditures by that person exceed five hundred dollars

($500) in the aggregate in any one (1) election, on a form provided or using a

format approved by the registry and shall sign a statement on the form, under

penalty of perjury, that the expenditure was an actual independent expenditure and

that there was no prior communication with the campaign on whose behalf it was

made.

(2) Except as provided in KRS 121.180(10), the solicitation from and contributions by

campaign committees, independent expenditure-only committees, caucus campaign

committees, political issues committees, permanent committees, and party

executive committees to any religious, charitable, civic, eleemosynary, or other

causes or organizations established primarily for the public good is expressly

prohibited; except that it shall not be construed as a violation of this section for a

candidate or a slate of candidates to contribute to religious, civic, or charitable

groups.

(3) No candidate, slate of candidates, committee, or contributing organization, nor

anyone acting on their behalf, shall accept any anonymous contribution in excess of

one hundred dollars ($100), and all anonymous contributions in excess of one

hundred dollars ($100) shall be returned to the donor, if the donor can be

determined. If no donor is found, the contribution shall escheat to the state. No

candidate, slate of candidates, committee, or contributing organization, nor anyone

acting on their behalf shall accept anonymous contributions in excess of two

thousand dollars ($2,000) in the aggregate in any one (1) election. Anonymous

contributions in excess of two thousand dollars ($2,000) in the aggregate which are

received in any one (1) election shall escheat to the state.

(4) No candidate, slate of candidates, committee, or contributing organization, nor

anyone on their behalf, shall accept a cash contribution in excess of one hundred

dollars ($100) in the aggregate from each contributor in any one (1) election. No

candidate, slate of candidates, committee, or contributing organization, nor anyone

on their behalf, shall accept a cashier's check or money order in excess of the

maximum cash contribution limit unless the instrument clearly identifies both the

payor and the payee. A contribution made by cashier's check or money order which

identifies both the payor and payee shall be treated as a contribution made by check

for purposes of the contribution limits contained in this section. No person shall

make a cash contribution in excess of one hundred dollars ($100) in the aggregate

in any one (1) election to a candidate, slate of candidates, committee, or

contributing organization, nor anyone on their behalf.

(5) No candidate, slate of candidates, committee, contributing organization, nor anyone

on their behalf, shall accept any contribution in excess of one hundred dollars

($100) from any person who shall not become eighteen (18) years of age on or

before the day of the next general election.

(6) Except as provided in subsection (22) of this section, no candidate, slate of

candidates, campaign committee, nor anyone acting on their behalf, shall accept a

contribution of more than two thousand dollars ($2,000) as indexed for inflation

every odd-numbered year using the preceding year's percent increase in the non-

seasonally adjusted annual average Consumer Price Index for all Urban Consumers

(CPI-U), U.S. City Average, All Items, for that year as published by the United

States Bureau of Labor Statistics and rounded to the nearest hundred dollars, from

any person, permanent committee, or contributing organization in any one (1)

election. No person, permanent committee, or contributing organization shall

contribute more than two thousand dollars ($2,000) as indexed for inflation every

odd-numbered year using the preceding year's percent increase in the non-

seasonally adjusted annual average Consumer Price Index for all Urban Consumers

(CPI-U), U.S. City Average, All Items, as published by the United States Bureau of

Labor Statistics and rounded to the nearest hundred dollars, to any one (1)

candidate, campaign committee, nor anyone acting on their behalf, in any one (1)

election.

(7) Permanent committees or contributing organizations affiliated by bylaw structure or

by registration, as determined by the Registry of Election Finance, shall be

considered as one (1) committee for purposes of applying the contribution limits of

subsection (6) of this section.

(8) No permanent committee shall contribute funds to another permanent committee for

the purpose of circumventing contribution limits of subsection (6) of this section. A

permanent committee or independent expenditure-only committee may make

unlimited contributions to an independent expenditure-only committee, or as

allowed by federal law to a federally registered political committee, provided that if

a contribution is earmarked for a particular independent expenditure, the person

making the independent expenditure shall disclose the contribution when reporting

the independent expenditure pursuant to subsection (1) of this section.

(9) No person shall contribute funds to a permanent committee, political issues

committee, or contributing organization for the purpose of circumventing the

contribution limits of subsection (6) of this section.

(10) No person shall contribute more than two thousand dollars ($2,000)as indexed for

inflation every odd-numbered year using the preceding year's percent increase in

the non-seasonally adjusted annual average Consumer Price Index for all Urban

Consumers (CPI-U), U.S. City Average, All Items, for that year as published by the

United States Bureau of Labor Statistics and rounded to the nearest hundred dollars,

to a permanent committee or contributing organization in any one (1) year.

(11) (a) No person shall contribute more than five thousand dollars ($5,000) to the

state executive committee of a political party in any one (1) year. The

contribution limit in this paragraph shall not apply to a contribution

designated exclusively for a state executive committee's building fund account

established under KRS 121.172.

(b) No person shall contribute more than five thousand dollars ($5,000) to a

subdivision or affiliate of a state political party in any one (1) year.

(c) No person shall contribute more than five thousand dollars ($5,000) to a

caucus campaign committee in any one (1) year.

(12) No person shall make a payment, distribution, loan, advance, deposit, or gift of

money to another person to contribute to a candidate, a slate of candidates,

committee, contributing organization, or anyone on their behalf. No candidate, slate

of candidates, committee, contributing organization, nor anyone on their behalf

shall accept a contribution made by one (1) person who has received a payment,

distribution, loan, advance, deposit, or gift of money from another person to

contribute to a candidate, a slate of candidates, committee, contributing

organization, or anyone on their behalf.

(13) Subject to the provisions of subsection (17) of this section, no candidate or slate of

candidates for nomination to any state, county, city, or district office, nor their

campaign committees, nor anyone on their behalf, shall solicit or accept

contributions for primary election expenses after the date of the primary. No person

other than the candidate or slate of candidates shall contribute for primary election

expenses after the date of the primary.

(14) Subject to the provisions of subsection (17) of this section, no candidate or slate of

candidates for any state, county, city, or district office at a regular election, nor their

campaign committees, nor anyone on their behalf, shall solicit or accept

contributions for regular election expenses after the date of the regular election. No

person other than the candidate or slate of candidates shall contribute for regular

election expenses after the date of the regular election.

(15) Subject to the provisions of subsection (17) of this section, no candidate or slate of

candidates for nomination or election to any state, county, city, or district office,

nor their campaign committees, nor anyone on their behalf, shall solicit or accept

contributions for special election expenses after the date of the special election. No

person other than the candidate or slate of candidates shall contribute for special

election expenses after the date of the special election.

(16) The provisions of subsections (13) and (14) of this section shall apply only to those

candidates in a primary or regular election which shall be conducted subsequent to

January 1, 1989. The provisions of subsection (15) of this section shall apply only

to those candidates or slates of candidates in a special election which shall be

conducted subsequent to January 1, 1993.

(17) A candidate, slate of candidates, or a campaign committee may solicit and accept

contributions after the date of a primary election, regular election, or special

election to defray necessary expenses that arise after the date of the election

associated with election contests, recounts, and recanvasses of a specific election,

complaints regarding alleged campaign finance violations that are filed with the

registry pertaining to a specific election, or other legal actions pertaining to a

specific election to which a candidate, slate of candidates, or campaign committee

is a party, and for repayment of debts and obligations owed by the campaign or

previous campaign for the same office. Reports of contributions received and

expenditures made after the date of the specific election shall be made in

accordance with KRS 121.180.

(18) No candidate, slate of candidates, committee, except a political issues committee,

independent expenditure-only committee, or contributing organization, nor anyone

on their behalf, shall knowingly accept a contribution from a corporation, directly

or indirectly, except to the extent that the contribution is designated to a state

executive committee's building fund account established under KRS 121.172.

(19) Nothing in this section shall be construed to restrict the ability of a corporation to

administer its permanent committee insofar as its actions can be deemed not to

influence an election as prohibited by KRS 121.025.

(20) No candidate, slate of candidates, or committee, nor anyone on their behalf, shall

solicit a contribution of money or services from a state employee, whether or not

the employee is covered by the classified service provisions of KRS Chapter 18A.

However, it shall not be a violation of this subsection for a state employee to

receive a solicitation directed to him as a registered voter in an identified precinct as

part of an overall plan to contact voters not identified as state employees.

(21) No candidate or slate of candidates for any office in this state shall accept a

contribution, including an in-kind contribution, which is made from funds in a

federal campaign account. No person shall make a contribution, including an in-

kind contribution, from funds in a federal campaign account to any candidate or

slate of candidates for any office in this state.

(22) It shall be permissible for a married couple to make a contribution with one (1)

check that reflects the combined individual contribution limits of each individual

spouse per election, as set forth in subsection (6) of this section, for all elections in

a calendar year and the following shall be required to be written on the check:

(a) The signatures of both spouses on the signature line of the check; and

(b) The designation of each contribution amount and the election or elections to

which they apply shall be memorialized on the memo line of the check.