September
19, 2002
Opinion No.
2002-23
Tom
Sawyer
State
Chair
Kansas
Democratic Party
P.O. Box
1914
Topeka,
Kansas 66603-3714
Dear Mr.
Sawyer:
This opinion
is in response to your letter of September 9, 2002, 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 the
State Chair of the Kansas Democratic Party (Party). You question
whether certain out-of-state
organizations which only make contributions to the Party and not
directly to candidates, meet the definition of a political
committee (PAC) as defined in K.S.A. 25-4143(k). In addition,
you question what the contribution limit to state parties is for
these out-of-state organizations. Finally, you inquire about the
definition of the phrase “a major purpose” in the
definition of a political committee.
QUESTIONS:
I.
Are
out-of-state
organizations which only make contributions to the state party and
not directly to candidates, a political committee as defined
in K.S.A. 25-4143(k)?
II.
What are the
contribution limits for these out-of-state organizations?
III.
What is the
definition of the phrase “a major purpose” in the
definition of a political committee?
OPINION:
With regard to your first question, K.S.A. 25-4143(k) applies.
That statute states in pertinent part:
“ ‘Political
committee’ means any combination of two or more individuals
or any person other than an individual, a major purpose of which is
to expressly advocate the nomination, election or defeat of a
clearly identified candidate for state or local office or make
contributions to or expenditures for the nomination, election or
defeat of a clearly identified candidate for state or local
office.”
You have questioned whether an out-of-state organization becomes
a PAC when it makes a contribution to the Party. Based upon the
language of the statute, the Commission now determines that an
organization which does nothing more than make a contribution to a
State Party does not meet the definition of a PAC as defined in
K.S.A. 25-4143(k).
With regard to your second question, K.S.A. 25-4153 delineates
the contribution limits for different organizations and
individuals. It states in pertinent part:
“(d) The aggregate amount
contributed to a state party committee by a person other than a
national party committee or a political committee shall not exceed
$15,000 in each calendar year; and the aggregate amount contributed
to any other party committee by a person other than a national
party committee or a political committee shall not exceed $5,000 in
each calendar year.”
Based upon
the language of this statute, the contribution limit for an
organization which does not meet the definition of a PAC pursuant
to K.S.A. 25-4143(k) is $15,000.00
per calendar year.
Finally,
with regard to your third question, K.A.R. 19-21-3
applies. It states in pertinent part:
“(a)
General. The following factors shall be considered in determining
whether a combination of two or more persons, or a person other
than an individual, constitutes a political committee:
“(1)
The intent of the person or persons;
“(2) the
amount of time devoted to the support or opposition of one or more
candidates for state office;
“(3) the
amount of time devoted to the support or opposition of any other
political committee or party committee;
“(4) the
amount of contributions, as defined by the act, made to any
candidate, candidate committee, party committee or political
committee;
“(5) the
amount of expenditures, as defined by the act, made on behalf of
any candidate, candidate
committee, party committee or political committee; and
“(6) the importance
to any candidate, candidate committee, party committee or political
committee of the activities in which the person or persons
engage.”
This
regulation was codified from an opinion first issued by the
Commission in 1974. It stated in pertinent part:
“When the Act was
initially introduced in the Senate, the purpose-test was phrased as
‘a primary or incidental purpose.’ The Senate dropped
the ‘or incidental purpose’ aspect of the test. In the
House the language was further modified to ‘a major
purpose’ which in turn became the final form. The Commission
understands that the intent of the final modification was to lessen
the requisite degree of purpose required to be considered a
political committee. Specifically, the intent was to decrease the
required purpose from one of first in importance among all other
purposes to one of a considerable purpose regardless of whether
other purposes were greater in degree. Thus, the applicable test
for whether a major purpose of any [organization] is to [expressly
advocate the nomination, election or defeat of a clearly
identified candidate for state or local office] is whether any one of its
purposes, or by cumulative effect more than one of its purposes,
are considerable in degree and are directed at attaining the
described goal.
“The outcome of the
application of this test to a particular [organization] or person
will depend on the specific factual situation involved.”
Commission Opinion 1974-22.
For a review
of other cases in which the Commission has applied the test
outlined in K.A.R. 19-21-3, see Commission
Opinions 1974-22, 1974-39, and 1974-54.
Sincerely,
Daniel
Sevart, Chairman
By Direction
of the Commission
DS:VMG:dlw
