June 21, 2000
Opinion No. 2000-24
The Honorable Bill Graves
Governor of the State of Kansas
State Capitol, 2nd Floor
Topeka, Kansas 66612-1590
Dear Governor Graves:
This opinion is in response to your letter of May 31, 2000, in
which you request an opinion from the Kansas Governmental Ethics
Commission concerning the Campaign Finance Act (K.S.A. 25-4142
et seq.). We note at the outset that the Commission's
jurisdiction concerning your question is limited to the application
of K.S.A. 25-4142 et seq. Thus, whether some other statutory
system, common law theory or agency rule or regulation applies to
your inquiry is not covered by this opinion.
FACTUAL STATEMENT:
We understand that you request this opinion in your capacity as
Governor of the State of Kansas. You have explained that you will
be attending the 2000 Republican National convention. During the
Convention you will be casting the delegates and will be honored by
an organization in recognition of your work as the Governor of
Kansas. Your office has advised Commission staff that you will be
fulfilling your role as a delegate for approximately one to three
hours during one session of the Convention. In addition, you will
be addressing different events and conducting official functions in
your capacity as Governor. You have informed us that you will be
performing all of these functions in your capacity as Governor and
not as Bill Graves, the party delegate.
QUESTION:
May the Governor use campaign funds to pay for expenses
associated with the Republican National Convention when he is
performing functions in his capacity as Governor?
OPINION:
K.S.A. 1999 Supp. 25-4157a, is applicable to your question. It
states in pertinent part:
"(a) No moneys received by any candidate . . . as a
contribution under this act shall be used or be made available for
the personal use of the candidate and no such moneys shall be used
by such candidate or the candidate committee of such candidate
except for:
. . .
"(2) expenses of holding political office;
. . .
"For the purpose of this subsection, expenditures for 'personal
use' shall include expenditures to defray normal living expenses
for the candidate or the candidate's family and expenditures for
the personal benefit of the candidate having no direct connection
with or effect upon the campaign of the candidate or the holding of
public office."
Because you will only be spending approximately one to three hours
as a party delegate during one session of the Convention, and the
remainder of your time will be spent performing duties in your
position as the Governor of Kansas, this factual situation differs
from those presented in Opinion 1996-07 and 1996-14. Because the
expense of attending the convention is necessitated by and has a
direct connection with the office of Governor, it is an expense of
holding political office and may be paid for out of campaign funds.
Sincerely,
Daniel Sevart, Chairman
By Direction of the Commission
DS:VMG:dlw
