We have received many questions regarding text message advocacy about the constitutional amendment vote. This thread is intended to answer the two questions we have received most commonly today. #ksleg
First, under current law, text message advocacy about constitutional ballot initiatives does not require paid-for disclaimers.
The constitutional amendment attribution statute only addresses paid communication through newspapers, radio, and TV, or any (paid or unpaid) communication through fliers, brochures, and political fact sheets.
Paid text messages that advocate for candidates do require attribution, but constitutional ballot initiatives do not. Constitutional ballot initiative advocacy falls under a different statute that includes nothing about text messaging or anything similar.
For candidates, the Ethics Commission issued an advisory opinion in 2020 that held that paid text message communication for candidates requires a paid-for attribution at the beginning of the message, similar to robocalls advocating for candidates.
The statute requiring attribution for constitutional ballot initiative advocacy (K.S.A. 25-2407) was originally passed in 1973 and was amended once in 2007.
Therefore, text message advocacy about a constitutional amendment does not require a paid for disclaimer.
The second question we have received is whether any law under our jurisdiction requires accuracy of communications. In 2004, the Commission specifically addressed this question and noted that "nothing in the [Campaign Finance] Act addresses the use of misleading advertising."
The Legislature handles updating and amending these statutes. We often work with the Legislature on these items when asked. If you believe a statute needs correction or amendment, of course feel free to reach out to your legislators.

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More from @KansasEthics

Oct 18, 2021
We have received a lot of questions this year about campaign finance laws in school board races, so let's explain how it works. School boards (mostly) are not subject to the Kansas Campaign Finance Act, but they still have some disclosure requirements. A thread. #ksleg
In local races, our jurisdiction includes counties, first class cities, the board of public utilities, and any school district with a regular enrollment >35,000 students. Currently, only the Wichita School District (USD 259) meets this threshold.
Our jurisdiction and the Campaign Finance Act does not extend to other school districts, community college boards of trustees, cities smaller than first class, etc.
Read 16 tweets
Feb 12, 2019
The House Elections Committee introduced bills based entirely or largely upon recommendations made by the Commission in our Annual Report, including addressing an loophole in campaign finance transparency and requiring e-filing for state candidates. #ksleg
HB 2169 provides that political mailings that avoid exact words like "vote for X" or "support X" must still include who paid for the ad if the only reasonable interpretation is to support or oppose a specific candidate. This language is currently used by the FEC. #ksleg
HB 2170 requires that all candidates for state office file campaign finance reports electronically. This would ensure that accurate campaign finance data is available to the public rapidly, as well as providing increased cost efficiency. #ksleg
Read 5 tweets

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