Ky. Rev. Stat. § 121.150

Current through Acts Received April 18, 2024
Section 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.

KRS 121.150

Amended by 2024 Ky. Acts ch. TBD,§ 4, eff. 4/5/2024.
Amended by 2017 Ky. Acts ch. 122,§ 2, eff. 6/29/2017.
Effective:6/8/2011
Amended 2011, Ky. Acts ch. 51, sec. 1, effective6/8/2011. -- Amended 2008, Ky. Acts ch. 129, sec. 11, effective 7/15/2008. -- Amended 2005, Ky. Acts ch. 105, sec. 5, effective 3/16/2005. -- Amended 2000, Ky. Acts ch. 398, sec. 4, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 599, sec. 1, effective 7/15/1998. -- Amended 1996, Ky. Acts ch. 153, sec. 3, effective 7/15/1996; ch. 188, sec. 1, effective 7/15/1996; and ch. 372, sec. 1, effective 4/12/1996. --Amended 1994 Ky. Acts ch. 458, sec. 8, effective 7/15/1994. -- Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 57, effective 9/16/1993. -- Amended 1992 Ky. Acts ch. 288, sec. 25, effective 7/14/1992. -- Amended 1990 Ky. Acts ch. 314, sec. 1, effective 7/13/1990; and ch. 476, Pt. II, sec. 73, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 15, sec. 1, effective 7/15/1988; ch. 55, sec. 1, effective 3/11/1988; ch. 118, sec. 2, effective 1991; and ch. 341, sec. 43, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 100, sec. 4, effective 7/15/1986; and ch. 168, sec. 1, effective 7/15/1986. -- Amended 1980 Ky. Acts ch. 292, sec. 6, effective 7/15/1980. -- Created 1974 Ky. Acts ch. 130, sec. 187.