Request By:
Hon. Allen Prewitt, Jr.
Kentucky Registry of Election Finance
1604 Louisville Road
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear
This is in response to your letter of July 11, 1983, in which you seek an Opinion from this office concerning the specificity which the Registry may require in the reporting by candidates of the source of contributions made from their personal funds toward their own campaign; as for example, where the contributions are substantial and possibly involve funds loaned to the candidate from individual sources for use in his campaign.
Specifically, the question which appears in your letter is as follows:
"Assume that a candidate reports a substantial loan, say six figures, from himself to his campaign fund. In your opinion, is the Registry empowered to require further explanation as to the precise source of these funds?"
We believe that the answer to your question is in the affirmative. Although we find no per se statutory requirement that candidates report the source of their personal funds used to further their campaign, we believe that the Registry has the implied authority to require candidates to supply such information. To conclude otherwise would defeat the purpose behind the campaign finance laws with their emphasis on disclosure and limitations on contributions.
Certainly, the Registry can use its investigative powers under KRS 121.140 to determine the source of funds where it is presented with sufficient evidence by complaint or where it has obtained sufficient knowledge on its own initiative that indicates that a possible violation of the campaign finance laws may have occurred.