The Legislative Ethics Commission has approved a formal opinion (OLEC 16-01) responding to a question of whether it is permissible under the Code of Legislative Ethics for a legislator or legislative candidate to use crowdfunding sites such as GoFundMe in conjunction with social networking websites to raise funds for legislative races.
It is permissible under the Code of Legislative Ethics for legislators or candidates to create and maintain campaign fundraising webpages using crowdsourcing websites such as GoFundMe and to use social networking to publicize the fundraising effort, so long as they are used in accordance with the requirements of the Code.
Public resources, including state funds, equipment, time, and employees, should not be used to create, maintain, or monitor a fundraising webpage, and a fundraising webpage should not display any image of legislative stationery or the seal of the Commonwealth.
Additionally, when using crowdfunding, social networking, or any other means of fundraising, legislators and candidates are prohibited from accepting contributions from legislative agents at any time, and they are prohibited from accepting contributions from employers of legislative agents and from permanent committees (PACs) as defined by KRS 121.015 during a regular session of the General Assembly.
Any social networking accounts that are maintained by members or employees of the House or Senate Majority and Minority Caucuses to provide factual information about legislative work, rather than for political purposes, should not be used to publicize or link to fundraising webpages of legislators or candidates. See OLEC 14-01. A bright line should be maintained between informational, non-political activities that can properly be carried out using public resources, and partisan political activity for which public resources cannot be used.
Wilhoit appointed to Ethics Commission
Anthony M. Wilhoit was recently appointed to the Legislative Ethics Commission by the Speaker of the House. He was Executive Director of the Commission from November, 1997 until he retired in July, 2015.
In 1976, Wilhoit joined the Kentucky Court of Appeals, and he retired as Chief Judge in 1997. Judge Wilhoit also served as a police judge, Versailles City Attorney, Woodford County Attorney, state public defender, and deputy secretary of the Justice Cabinet. He earned an A.B. from Thomas More College, a law degree from the University of Kentucky, and an LLM from the University of Virginia. In 2012, Judge Wilhoit received the COGEL Award, the highest international award given to a person working in the fields of ethics, campaign finance, and election law. He lives in Versailles.
Ethics code applies at 2016 Conferences
Kentucky’s Code of Legislative Ethics applies to legislators, lobbyists, and employers of lobbyists who attend the summer legislative conferences, or who support those conferences. With the Southern Legislative Conference (SLC) being held in Lexington in July, there are several reporting requirements which might apply this year.
Kentucky lobbyists and their employers are required to report the value of food, beverages, and facilities contributed to SLC events to which Kentucky legislators are invited. Lobbyists and employers are also required to report other expenses incurred in conjunction with SLC, if the expenses are directly associated with the employer’s or lobbyist’s lobbying activities. These include expenses for educational and promotional items, and conference registration and travel expenses.
Ethics code amendments adopted by the 2014 General Assembly prohibit lobbyists and employers from buying food and beverages for individual legislators, and prohibit lobbyists and employers from providing out-of-state transportation or lodging for legislators.
Legislative conferences this summer include:
Southern Legislative Conference 70th Annual Meeting – July 9-13, 2016, Lexington, at Hyatt Regency Lexington and the Lexington Convention Center, with speakers including political consultants James Carville and Mary Matalin; and John Calipari, men’s basketball coach at the University of Kentucky.
National Conference of State Legislatures Legislative Summit – Aug. 8-11, 2016, Chicago, Illinois at McCormick Place, with speakers including Ted Koppel, a 42-year veteran of ABC News, and anchor and managing editor of Nightline from 1980 to 2005; Julia Stasch, President of the John D. and Catherine T. MacArthur Foundation; and Mara Liasson, a contributor on Fox News Channel and political correspondent for National Public Radio.
American Legislative Exchange Council Annual Meeting – July 27-30, 2016, Indianapolis, Indiana at JW Marriott, with speakers including ALEC Vice-Presidents Michael Bowman and Bartlett Cleland; and Inez Feltscher, Director of ALEC’s Education and Workforce Development Task Force.
From Legislative Ethics Commission Communications
