RELATES TO: KRS 121.015(11), 121.170(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.120(1)(g) grants
the Registry the power to promulgate administrative regulations necessary to
carry out the provisions of KRS Chapter 121. KRS 121.120(4) requires the
Registry to promulgate administrative regulations and prescribe forms for the
making of reports under KRS Chapter 121. KRS 121.170(2) require persons who
directly solicit and secure contributions for a candidate or slate of
candidates in excess of $3,000 in an election to register as a fundraiser with
the Registry of Election Finance. this administrative regulation established
the procedure through which persons qualifying as fundraisers shall register
with and report to the Registry of Election Finance.
Section 1. Definitions. "Fundraiser" is
defined by KRS 121.015(11).
Section
2. Fundraiser Registration Procedure; Exemptions.
(1) Any person who qualifies as a fundraiser
as defined in KRS 121.015(11) shall register with the registry immediately upon
securing contributions for a candidate or slate of candidates in excess of
$3,000 in an election. A fundraiser shall register by filing the "Fundraiser
Registration" form with the Registry of Election Finance, 140 Walnut Street,
Frankfort, Kentucky 40601. A registered fundraiser shall comply with applicable
reporting requirement as provided in KRS 121.170(2), by filing the "Registered
Fundraiser Statement" with the Registry of Election Finance, 140 Walnut Street,
Frankfort, Kentucky 40601.
(2) As
part of the packet of forms and instructions regularly provided to candidates
by the registry, each candidate or slate of candidates shall receive all
necessary forms and instructions for complying with applicable reporting
requirements. It shall be the duty of the candidate, slate of candidates, or
the appropriate campaign treasurer to provide the forms and reporting
instructions to each person who qualifies as a fundraiser for the candidate or
slate of candidates.
(3) For
purposes of this administrative regulation, the following activities shall not
qualify a person as a fundraiser:
(a) Serving
as treasurer of a campaign committee;
(b) Performing clerical duties such as
receiving contributions or preparing and filing campaign finance
reports;
(c) Communicating an
endorsement of a candidate or slate of candidates which indirectly results in
the receipt of contributions, provided that the communication is not followed
by one-on-one direct oral or written solicitation of contributions by the
person making the endorsement; or
(d) Acting as host of a social event at one's
residence or place of business, provided that the host does not directly
solicit and secure contributions in excess of $3,000.
Section 3. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Fundraiser
Registration", KREF 019, revised 05/2005; and
(b) "Registered Fundraiser Statement", KREF
006/F, revised 05/2005.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the office of the Kentucky
Registry of Election Finance, 140 Walnut Street, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m.
