Campaign finance requirements in Kentucky
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Kentucky campaign finance requirements govern the following:
- how much money candidates may receive from individuals and organizations,
- how much and how often they must report those contributions, and
- how much individuals, organizations and political parties may contribute to campaigns.
In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
Background
The Federal Election Commission (FEC) is the independent regulatory agency responsible for administering and enforcing federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions and the oversight of the public funding of presidential elections.[1] According to the FEC, an individual becomes a federal candidate, and must begin to report their campaign finances, once he or she has either raised or spent $5,000 in pursuit of his or her campaign. Within 15 days of this benchmark for status as a candidate, the candidate must register with the FEC and designate an official campaign committee, to be responsible for the funds and expenditures of the campaign. This committee must have an official treasurer, and cannot support any candidate but the one who registered the committee. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered with the FEC. Reports are also made before primaries and before the general election.[2]
The rules governing federal election campaigns and contributions have evolved over the past generation as a result of a number of Supreme Court decisions. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[3] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remain constitutional.[4][5] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may now contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[6]
While the FEC governs federal election campaigns and contribution limits, individual states require their own level of regulation and reporting. The amount of regulation required differs by state, as do the limits on campaign contributions and third-party activities to influence elections.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in Kentucky as of May 2015. The uppermost row of the table indicates the contributor while the leftmost column indicates the recipient.
| Kentucky contribution limits as of May 2015 | ||||||||
|---|---|---|---|---|---|---|---|---|
| Individuals | Single candidates committees | Permanent committee (PAC) | Caucus campaign committee | Political party | Super PACs | Corporations | Unions | |
| Statewide Candidate (incl. Governor) | $1,000 | $0 | $1,000 | unlimited | unlimited | $0 | N/A* | $1,000 |
| Senate | $1,000 | $0 | $1,000 | unlimited | unlimited | $0 | N/A* | $1,000 |
| House | $1,000 | $0 | $1,000 | unlimited | unlimited | $0 | N/A* | $1,000 |
| PAC | $1,500 | $0 | $1,500 | $1,500 | $1,500 | $0 | N/A* | $1,500 |
| Party committees | $2,500 | unexpended funds | $2,500 | $2,500 | unlimited | $0 | N/A* | $2,500 |
| Caucus campaign committee | $2,500 | unexpended funds | $2,500 | $2,500 | $2,500 | $0 | N/A* | $2,500 |
| Ballot measures | Unlimited | Unlimited | Unlimited | Unlimited | Unlimited | $0 | Unlimited | Unlimited |
| Note: A federal judge struck down Kentucky's prohibition against corporate campaign contributions in March 2016. At that time, it was unclear what limits would apply to corporate campaign contributions. Sources: Kentucky Registry of Election Finance, "Contribution Limits," accessed May 21, 2015 Kentucky Registry of Election Finance, "Candidate Guide to Campaign Finance," accessed May 21, 2015 |
Candidate requirements
See statutes: Chapter 121 of the Kentucky Statutes
All state candidates must file campaign finance documents with the Kentucky Registry of Election Finance. Candidates seeking federal office must file with the Federal Election Commission. Reporting details for federal candidates are not included in this section. [7]
Reporting requirements
Prior to raising or spending any money related to the campaign, a candidate must file with the Kentucky Secretary of State. If a candidate wishes to campaign prior to filing, he or she may notify the Kentucky Registry of Election Finance with a letter of intent. If filing a letter of intent, the following must be included: the candidate's name, birth date, mailing address, phone number, office sought, year in which the election will be held, the treasurer's name, address and phone number, and the name and address of the financial institution designated as the campaign depository. If a candidate does file a letter of intent and begins campaigning before the year of an election, he or she will be required to file quarterly finance statements until the year he or she will appear on the ballot.[7]
For a candidate who waits to campaign until filing with the Kentucky Secretary of State, an Appointment of Campaign Treasurer and optional Request for Reporting Exemption form (KREF 001) will have to be filed, as well. This form designates a campaign treasurer and indicates the financial institution the campaign will be using. Any Kentucky voter may become a candidate's treasurer, including the candidate. The form also allows a candidate to request an exemption from reporting. The exemption determines how much money will be raised and/or spent in the campaign and how many reports must be filed. A candidate can choose an exemption for both the primary and general elections. A candidate not running in the primary election is still responsible for filing the campaign finance statements. Candidates who run in primary elections and are successful must close out their primary reporting before moving on to general election reporting.[7]
There are two exemption options, detailed below. If a candidate does not choose an exemption, he or she must file all campaign finance reports.[8]
- Intent to raise/spend $1,000 or less
- Intent to raise/spend $3,000 or less
- The candidate is required to file only the 30-Day Post-Election Report unless campaign funds exceed $3,000.[7][10]
- If a candidate's campaign indicates a surplus of funds or a debt owed on the 30-Day report, a 60-Day Post-Election Supplemental Election Finance Statement must be filed. If the 60-Day supplemental report also shows a surplus of funds or outstanding debt, the candidate will be required to file supplemental reports annually until the account no longer shows a surplus or debt. These annual supplemental reports must be filed with the Kentucky Registry of Election Finance no later than 10 days after November 1 of each year the report is needed.[7][10]
If the candidate intends to raise and/or spend in excess of $3,000, he or she cannot claim any exemptions and must file all financial reports.[7]
The candidate must file the following reports for each election:[11]
- 32-Day Pre-election Finance Statement
- 15-Day Pre-election Finance Statement
- 30-Day Post-election Finance Statement
- 60-Day Post-election Supplemental Election Finance Statement (only required if a candidate's campaign indicates a surplus of funds or a debt owed on the 30-Day report)
- Annual Supplemental Reports (only required if the 60-Day Post-election Supplemental Election Finance Statement also shows a surplus of funds or outstanding debt; must be filed with the Kentucky Registry of Election Finance no later than 10 days after November 1 of each year the campaign shows a surplus or debt of funds)[7]
All reports must note the following:[12]
- any contribution made by a permanent committee, along with the committee’s name and business address, date of contribution, amount contributed, and a description of the major business, social, or political interest the committee represents
- details of each contribution received in excess of $100, including the date, name, address, age if less than 18, occupation, employer and spouse of the contributor
- total amount of contributions received.
- details of each expenditure authorized, incurred or made in excess of $25, including the name, address and occupation of each person to whom an expenditure was made, along with the amount, date and purpose of each expenditure.
The candidate may file the above reports himself or herself, with the help of a designated treasurer, or the candidate may form a campaign committee to act on his or her behalf. To form such a committee, a Political Committee Registration form (KREF 010) and Waiver From Filing Candidate Election Finance Statements form (KREF 011) must be filed with the Kentucky Registry of Election Finance.[7]
Campaign finance legislation
The following is a list of recent campaign finance bills that have been introduced in or passed by the Kentucky state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Election and campaign ballot measures
Ballotpedia has tracked 3 statewide ballot measures relating to elections and campaigns.
- Kentucky Voting Rights Referendum (1955)
- Kentucky Commissioner of Education Referendum (1957)
- Kentucky General Assembly Election Years Referendum (1979)
- See also: Campaign finance agencies in Kentucky and State election agencies
Candidates running for office will require some form of interaction with the following agencies:
Office of the Secretary of State, Office of Elections:
- Why: This agency oversees candidate filing and election procedures.
- 700 Capital Ave., Ste. 148
- Frankfort, KY 40601
- Telephone: (502) 564-3490
- Fax: (502) 564-5687
- http://www.sos.ky.gov/elections/
- 700 Capital Ave., Ste. 148
Kentucky Registry of Election Finance:
- Why: This agency tracks and reviews financial activities of campaigns and investigates violations of campaign laws.
- 140 Walnut Street
- Frankfort, KY 40601-3240
- Telephone: (502) 573-2226
- Fax: (502) 573.5622
- http://kref.ky.gov/
- 140 Walnut Street
Recent news
The link below is to the most recent stories in a Google news search for the terms Kentucky campaign finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in Kentucky
- Kentucky
Footnotes
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Kentucky Registry of Election Finance, "Candidate Guide to Campaign Finance," accessed January 21, 2014
- ↑ Kentucky Registry of Election Finance Website, "Welcome Packets for Candidates & Treasurers," accessed January 21, 2014
- ↑ Kentucky Registry of Election Finance Website, "Spending Intent: $1,000 or Less," accessed January 21, 2014
- ↑ 10.0 10.1 Kentucky Registry of Election Finance Website, "Spending Intent: $3,000 or Less," accessed January 21, 2014
- ↑ Kentucky Registry of Election Finance Website, "Welcome Packet--More than $3,000," accessed January 21, 2014
- ↑ Kentucky Statutes, "Chapter 121, Section 180," accessed January 21, 2014
