Thread by @KansasEthics

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.