25-4158. Reports and statements required to be filed; furnishing forms; public inspection and copying; duties of secretary of state and county election officer; investigations by commission; administration of oaths and subpoena of witnesses, documents and records for purposes of investigations. (a) The secretary of state shall: (1) Furnish forms prescribed and provided by the commission for making reports and statements required to be filed in the office of the secretary of state by the campaign finance act; and
(2) make such reports and statements available for public inspection and copying during regular office hours.
(b) The county election officer shall: (1) Furnish forms prescribed and provided by the commission for making reports and statements required to be filed in the office of the county election officer by the campaign finance act; and
(2) make such reports and statements available for public inspection and copying during regular office hours.
(c) The commission may investigate, or cause to be investigated, any matter required to be reported upon by any person under the provisions of the campaign finance act, or any matter to which the campaign finance act applies irrespective of whether a complaint has been filed in relation thereto.
(d) (1) After a preliminary investigation of any matter reported to the commission pursuant to subsection (c), and upon specific written findings of fact and conclusions of law by the commission that there is a reasonable suspicion that a violation of the campaign finance act has occurred, the commission or any officer designated by the commission may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commission deems relevant or material to the investigation. The commission shall reimburse the reasonable costs of production of documents subject to subpoena. All subpoenas and subpoenas duces tecum issued under this section shall be authorized by the affirmative vote of not less than 3/4 of the members of the commission. Any vote authorizing the issuance of a subpoena or subpoena duces tecum shall be taken at a meeting where the commissioners are in physical presence. Subpoenas duces tecum shall be limited to items reasonably relevant to such alleged violations. Upon the request of any person subpoenaed to appear and give testimony or to produce books, papers or documents, the commission shall provide a copy of the written findings of facts and conclusions of laws relating to the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issued to any person, the district court of Shawnee county, upon application by the commission, or any officer designated by the commission, may issue to that person an order requiring the person to appear before the commission or any officer designated by the commission, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.
History: L. 1981, ch. 171, § 17; L. 1990, ch. 122, § 11; L. 1991, ch. 150, § 13; L. 1998, ch. 29, § 1; July 1.
Structure Kansas Statutes
Article 41 - Election Campaign Finance; General
25-4119b Same; transfer of powers, duties and functions; former opinions and rules and regulations.
25-4119d Membership on commission; qualifications for.
25-4119e Governmental ethics commission fee fund; expenditures.
25-4119f Candidate filing fees for support of commission; credit to commission fee fund.
25-4119g Statement of fair campaign practices; preparation; mailing to candidates.
25-4143 Campaign finance; definitions.
25-4148 Reports required of treasurer; when filed; contents; electronic filing, when required.
25-4148c Independent expenditures by party or political committees; reporting requirements.
25-4149 Allocation of contributions and other receipts and expenditures.
25-4151 Reports; declaration of correctness; forms; late filing; preservation.
25-4153a Contributions; limitations during legislative sessions.
25-4153b Contributions and expenditures; legislators, candidates; prohibitions.
25-4155 Debts and obligations; statements required.
25-4158a Campaign finance forms; electronic filing.
25-4159 Commission opinions; publication and filing; effect of acts that accord with opinions.
25-4160 Complaints of violations; copy to respondent.
25-4162 Same; withdrawal of complaints; civil action for malicious prosecution; when.
25-4163 Same; rights of respondent; hearing procedure; compulsory process; hearings to be public.
25-4164 Actions of commission following hearing.
25-4167 Failure to file a campaign finance report; misdemeanor.
25-4168 Fraudulent campaign finance reporting; misdemeanor.
25-4170 Excessive campaign contributions; misdemeanor.
25-4174 Same; when amount exceeded; filing of past and future reports.
25-4176 Same; when amount exceeded; filing of past and future reports.
25-4177 Failure to file affidavit of intent; misdemeanor.
25-4178 Continuation in force and effect of advisory opinions and rules and regulations.
25-4182 Same; cease and desist order; emergencies.
25-4183 Same; injunction; restraining order; mandamus.
25-4185 Same; appeal of commission orders.
25-4187 Inaugural expense fund; administration by adjutant general; authorized uses.
25-4189 Public service announcements or advertisements; when prohibited.