Ethics Opinion Search

June 21, 1994


Opinion No. 1994-22


Vince Frye
Director of Sales & Marketing
WIBW TV
Box 119
Topeka, Kansas 66601-0119

Dear Mr. Frye:

This opinion is in response to your letter of May 27, 1994, in which you
request an opinion from the Kansas Commission on Governmental Standards and
Conduct concerning the Campaign Finance Act (K.S.A. 25-4142 et seq.).

FACTUAL STATEMENT

We understand you request this opinion in your capacity as Director of
Sales and Marketing for WIBW TV. You ask what identification requirements
must be shown on television commercials to be in compliance with Kansas
laws? Specifically, does the chairman or treasurer of the authorizing
committee need to be included in the sponsor ID?

OPINION

K.S.A. 25-4156(b)(1) states:

"Corrupt political advertising of a state or local office is:
Publishing or causing to be published in a newspaper or other
periodical any paid matter which is designed or tends to aid,
injure or defeat any candidate for nomination or election to a
state or local office, unless such matter is followed by the word
"advertisement" or the abbreviation "adv." in a separate line
together with the name of the chairperson of the political or
other organization inserting the same or the name of the person
who is responsible therefore; or broadcasting or causing to be
broadcast by any radio or television station any paid matter
which is designed or tends to aid, injure or defeat any candidate
for nomination or election to a state or local office, unless
such matter is followed by a statement that the preceding was an
advertisement together with the name of the chairperson of the

Opinion No. 94-22
June 21, 1994
Page 2



political or other organization sponsoring the same or the name
of the person who is responsible therefor."

From a review of K.S.A. 25-4156(b)(1) it is our opinion that the following
rules apply:

1. If the advertisement is placed by a political committee, the
chairperson's name must appear.

2. If the ad is placed by a candidate or candidate committee, the
treasurer shall be listed as the responsible person.

3. If the advertisement is placed by an organization other than a
political committee, candidate, or candidate committee, which has a
chairperson, the chairperson's name must appear.

4. If the ad is placed by an organization other than a political
committee, candidate, or candidate committee which does not have a
chairperson, then the responsible individual listed shall be:

(a) The individual who is the primary funding source.

(b) If no individual is the primary funding source, then the
individual who controlled the decision to place the ad.

(c) If no one individual controlled the decision, then the
individual who controlled the funds.

5. If the ad is placed by an individual, that individual's name shall
appear.

6. Under no circumstance is the name of the organization alone sufficient.

In closing, we note this opinion does not cover brochures or flyers
disseminated outside of a newspaper.

Sincerely,



Richard C. Loux, Chairman

By Direction of the Commission

RCL:DDP:dlw