32 KAR 2:130. Cash contributions, cashier's checks, and money orders.

 

      RELATES TO: KRS 121.150(4)

      STATUTORY AUTHORITY: KRS 121.120(1)(g)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 121.150(4) prohibits a candidate, committee, or contributing organization, or anyone on their behalf, from accepting a cash contribution in excess of $100. However, that statute does not clearly indicate whether the limitation applies per election, per candidate, or per contribution. Also, KRS Chapter 121 contains no definition of "cashier's check" which creates the potential for a cashier's check which bears no identification of the payor to be utilized as a means of circumventing campaign contribution limits. It is therefore necessary to promulgate this administrative regulation to clarify the application of KRS 121.150(4).

 

      Section 1. The limitation on cash contributions contained in KRS 121.150(4) shall be applied per contributor for each candidate in each primary, special, and regular election.

 

      Section 2. A candidate, campaign committee, or contributing organization, or a person acting on their behalf, shall not accept a cashier's check or money order in excess of the maximum cash contribution limit contained in KRS 121.150(4) unless the instrument clearly identifies both the payor and payee. A contribution made by cashier's check or money order which identifies the payor and payee shall be treated as a contribution made by check for purposes of the contribution limits contained in KRS 121.150. (19 Ky.R. 2519; Am. 20 Ky.R. 51; eff. 7-12-93.)