RELATES TO: KRS 121.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.175, as amended by
the General Assembly in extraordinary session in 1993, requires the Registry of
Election Finance to promulgate administrative regulations to specifically
define those expenditures that may lawfully be made from a candidate's campaign
account. It is therefore necessary to promulgate this administrative regulation
so that the agency may fulfill its statutory mandate.
Section 1. Allowable Expenditures. In
addition to the general categories of allowable campaign expenditures provided
by law, the following expenditures shall be considered allowable:
(1) Expenditures made or items donated to
charitable and civic organizations such as clubs, neighborhood organizations,
schools, and churches, provided that the expenditure furthers a candidacy
through advertising;
(2)
Expenditures for items of personal property bearing the name or likeness of the
candidate in a conspicuous manner for distribution by a candidate which are
distributed for the purpose of advertising that individual's candidacy. These
items include, but are not limited to, hats, shirts, calendars, magnets,
holiday greeting cards, and similar items. The purchase of tickets for general
distribution for the purpose of influencing and election, either directly or
indirectly, shall not be allowed under the subsection;
(3) Reasonable expenditures for services such
as distribution of campaign literature, staff services, and similar services
which are primarily and directly related to the individual's
candidacy;
(4) Expenditures for the
purchase of transportation services, including but not limited to the
transportation of voters to the polls, provided that the expenditures are
reasonable in light of the number of persons transported, mileage driven, and
time spent. All transportation expenditures shall be primarily and directly
related to the candidacy of the individual on whose behalf the expenditures are
made;
(5) Expenditures for tickets
to political and other events to be attended by the candidate, his spouse, or a
campaign staff representative, and from which the candidate derives a direct
benefit to his candidacy. The burden shall be on the candidate to prove to the
registry that representation at the event provided a direct benefit to his
candidacy;
(6) The purchase of
American, state, or other flags which are donated to schools, civic, or
charitable organizations;
(7) The
purchase or rental of items such as cellular telephones, copiers, computers,
automobiles, facsimile machines, and similar items. Only that use attributable
to the campaign may be paid for with campaign funds and the burden shall be on
the candidate to prove that an expenditure is allowable under this
subsection.
Section 2.
Unlawful Campaign Expenditures. In addition to the expenditures specifically
prohibited by law, the following categories of campaign expenditures shall not
be considered allowable expenditures from a campaign account:
(1) Payment of dues to professional, civic,
or other organizations to which the individual belongs or desires to
join;
(2) Expenditures made to
defray the costs associated with an individual's performance of his official
duties as an officeholder.
Section
3. If the registry staff, in the course of reviewing a candidate's
or incumbent's campaign finance statements, determines that a questionable
expenditure has been made, whether or not the expenditure was made during an
election year, the burden shall be on the candidate or incumbent to prove that
the expenditure was directly and primarily related to his candidacy.
