SSHB 317: "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 317 01 "An Act relating to election campaigns, election campaign financing, the oversight 02 and regulation of election campaigns by the Alaska Public Offices Commission, the 03 activities of lobbyists that relate to election campaigns, and the definitions of 04 offenses of campaign misconduct; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 07 laws, 08 (1) campaigns for elective public office last too long, are often uninformative, 09 and are too expensive; 10 (2) highly qualified citizens are dissuaded from running for public office due 11 to the high cost of election campaigns; 12 (3) organized special interests are responsible for raising a significant portion 13 of all election campaign funds and may thereby gain an undue influence over election 14 campaigns and elected officials, particularly incumbents;
01 (4) incumbents enjoy a distinct advantage in raising money for election 02 campaigns, and many elected officials forward surpluses from one campaign to the next, to 03 the disadvantage of challengers; 04 (5) because, under existing laws, candidates are completely free to convert 05 campaign funds to personal income, there is great potential for bribery and political 06 corruption; and 07 (6) penalties for violations of the existing campaign finance laws are too 08 lenient to deter misconduct. 09 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 10 finance laws in order to restore the public's trust in the electoral process and to foster good 11 government. 12 * Sec. 2. AS 15.13.010(a) is amended to read: 13 (a) This chapter applies 14 (1) in every election for governor, lieutenant governor, a member of the 15 state legislature, a delegate to a constitutional convention, or judge seeking electoral 16 confirmation; 17 (2) [. IT ALSO APPLIES] to every candidate for election to a 18 municipal office in a municipality with a population of more than 1,000 inhabitants 19 according to the latest United States census figures or estimates of population certified 20 as correct for administrative purposes by the Department of Community and Regional 21 Affairs unless the municipality has exempted itself from the provisions of this 22 chapter; a [. A] municipality may exempt its elected municipal officers from the 23 requirements of this chapter if a majority of the voters voting on the question at a 24 regular election, as defined by AS 29.71.800(20), or a special municipality-wide 25 election called for that purpose, votes [VOTE] to exempt its elected municipal officers 26 from the requirements of this chapter; the [. THE] question of exemption from the 27 requirements of this chapter may be submitted by the governing body by ordinance or 28 by initiative election. [THIS CHAPTER DOES NOT PROHIBIT A MUNICIPALITY 29 FROM REGULATING BY ORDINANCE CAMPAIGN CONTRIBUTIONS AND 30 EXPENDITURES.] 31 * Sec. 3. AS 15.13.010 is amended by adding a new subsection to read:
01 (c) This chapter does not prohibit a municipality from regulating by ordinance 02 election campaign contributions and expenditures in municipal elections, or from 03 regulating election campaign contributions and expenditures in municipal elections 04 when the regulation imposes a requirement or standard that is not less stringent than 05 a requirement or standard provided in this chapter. 06 * Sec. 4. AS 15.13.030 is amended to read: 07 Sec. 15.13.030. DUTIES OF THE COMMISSION. The commission shall 08 (1) develop and provide all forms for the reports and statements 09 required to be made under this chapter, AS 24.45, and AS 39.50; 10 (2) prepare and publish a manual setting out uniform methods of 11 bookkeeping and reporting for use by persons required to make reports and statements 12 under this chapter and otherwise assist candidates, groups, and individuals in 13 complying with the requirements of this chapter; 14 (3) receive and hold open for public inspection reports and statements 15 required to be made under this chapter and, upon request, furnish copies at cost to 16 interested persons; 17 (4) compile and maintain a current list of all filed reports and 18 statements; 19 (5) prepare a summary of each report filed under AS 15.13.110 and 20 make copies of this summary available to interested persons at their actual cost; 21 (6) notify, by registered or certified mail, all persons who are 22 delinquent in filing reports and statements required to be made under this chapter; 23 (7) report within 60 days after the election the names of all persons and 24 groups who have failed to comply with any of the provisions of this chapter to the 25 office of the attorney general; 26 (8) examine, investigate, and compare all reports, statements, and 27 actions required by this chapter, AS 24.45, and AS 39.50 and report to the attorney 28 general the names of all persons or groups that the commission has substantial reason 29 to believe have violated this chapter, AS 24.45, or AS 39.50; 30 (9) prepare and publish a biennial report concerning the activities of the 31 commission, the effectiveness of this chapter, its enforcement by the attorney general's
01 office, and recommendations and proposals for change; the commission shall notify the 02 legislature that the report is available; 03 (10) adopt regulations necessary to implement and clarify the provisions 04 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 05 (Administrative Procedure Act); 06 (11) during the year that is five years after the calendar year of the 07 effective date of this Act and every fifth year thereafter, review the limitations on 08 amounts of political contributions, expressed in dollars, set out in AS 15.13.070 09 and 15.13.072 and, by regulation, adjust those amounts to take into account any 10 significant inflation or deflation that has occurred during the immediately 11 preceding five years; in reviewing the limitations, the commission shall use a 12 recognized governmental index for measuring the effect of inflation or deflation 13 in the purchase of consumer goods. 14 * Sec. 5. AS 15.13.040(a) is amended to read: 15 (a) Except as provided in (g) of this section, each [EACH] candidate shall 16 make a full report, upon a form prescribed by the commission, listing the date and 17 amount of all expenditures made by the candidate, the total amount of all 18 contributions, including all funds contributed by the candidate, and for all contributions 19 in excess of $100 in the aggregate a year, the name, address, principal occupation, and 20 employer of the contributor and the date and amount contributed by each contributor. 21 The report shall be filed in accordance with AS 15.13.110 and shall be certified correct 22 by the candidate or campaign treasurer. 23 * Sec. 6. AS 15.13.040 is amended by adding a new subsection to read: 24 (g) The provisions of (a) of this section do not apply if a candidate 25 (1) indicates, on a form prescribed by the commission, an intent not to 26 raise and not to expend more than $1,000 in seeking election; 27 (2) accepts contributions totaling not more than $1,000 in seeking 28 election; and 29 (3) makes expenditures totaling not more than $1,000 in seeking 30 election. 31 * Sec. 7. AS 15.13.050 is amended to read:
01 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 02 (a) Before [EACH GROUP, BEFORE] making an expenditure in support [ON 03 BEHALF] of [,] or in opposition to [,] a candidate or before making an expenditure 04 in support of or in opposition to a ballot proposition or question, each person, 05 publicly-funded entity, or group [A CONTRIBUTION TO A CANDIDATE,] shall 06 register, on forms provided by the commission, with the commission. 07 (b) If a [THE] group intends to make expenditures in support of or in 08 opposition to [OPPOSE] only one candidate, or to make expenditures in support 09 [CONTRIBUTE TO OR EXPEND ON BEHALF] of, or in opposition to, one 10 candidate of 50 percent or more of its funds, the name of the candidate shall be a part 11 of the name of the group. Promptly upon receiving the group's registration under (a) 12 of this section, the commission shall notify the candidate of the group's organization 13 and intent. 14 * Sec. 8. AS 15.13 is amended by adding new sections to read: 15 Sec. 15.13.065. WHO MAY MAKE CONTRIBUTIONS. (a) Only an 16 individual may make a contribution to a group. 17 (b) An individual or a group may make contributions to a candidate. 18 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following 19 may make an expenditure in an election for candidates for elective office: 20 (1) the candidate; 21 (2) individuals who are registered under AS 15.13.050; and 22 (3) a group. 23 * Sec. 9. AS 15.13.070 is repealed and reenacted to read: 24 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 25 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 26 to the limitations of this chapter and AS 24.45, including the limitations on the 27 maximum amounts set out in this section. 28 (b) An individual may contribute 29 (1) not more than $500 per year to a candidate, or to a person who 30 conducts a write-in campaign as a candidate, for 31 (A) governor or lieutenant governor;
01 (B) the state legislature; 02 (C) delegate to a constitutional convention; 03 (D) judge seeking electoral confirmation; or 04 (E) municipal office; 05 (2) not more than $250 per year to a group that is not a political party; 06 (3) not more than $5,000 per year to a political party. 07 (c) A group that is not a political party may contribute not more than $500 per 08 year to a candidate, or to a person who conducts a write-in campaign as a candidate, 09 for 10 (1) governor or lieutenant governor; 11 (2) the state legislature; 12 (3) delegate to a constitutional convention; 13 (4) judge seeking electoral confirmation; or 14 (5) municipal office. 15 (d) A political party may contribute to a candidate, or to a person who 16 conducts a write-in campaign, for the following offices an amount not to exceed 17 (1) $50,000 per year, if the election is for governor or lieutenant 18 governor; and 19 (2) $5,000 per year, if the election is for 20 (A) the state legislature; 21 (B) delegate to a constitutional convention; 22 (C) judge seeking electoral confirmation; or 23 (D) municipal office. 24 * Sec. 10. AS 15.13 is amended by adding new sections to read: 25 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 26 OF CONTRIBUTIONS. (a) A candidate may not solicit or accept a contribution from 27 an individual or group not authorized by law to make a contribution. 28 (b) A candidate may not solicit or accept contributions from the following: 29 (1) an individual who is not a resident of the state at the time the 30 contribution is made; or 31 (2) a group organized under the laws of another state or qualified to do
01 business only under the laws of another state; however, the limitation of the paragraph 02 does not apply to a group all of whose members are residents of this state at the time 03 the contribution is made. 04 (c) A candidate or a group may not solicit or accept a cash contribution that 05 exceeds $100. 06 (d) A person, or a person acting directly or indirectly on behalf of that person, 07 may not solicit or accept a contribution 08 (1) before the date for which contributions may be made as determined 09 under AS 15.13.074(c)(1) or (2); or 10 (2) later than the day after which contributions may not be made as 11 determined under AS 15.13.074(c)(3). 12 (e) A candidate or a person who has filed with the commission the document 13 necessary to permit the person to incur election-related expenses under AS 15.13.100 14 may not solicit or accept a contribution if the legislature is convened in a regular or 15 special legislative session, and the candidate or person is 16 (1) the governor or lieutenant governor; 17 (2) a member of the legislature; or 18 (3) employed by 19 (A) the governor or lieutenant governor as a member of the 20 staff of their respective offices; or 21 (B) a legislator as a member of the legislator's staff or as a 22 member of the staff of a legislative committee. 23 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person may not 24 make a contribution if the making of the contribution would violate this chapter. 25 (b) A person may not make a contribution anonymously, using a fictitious 26 name, or using the name of another. 27 (c) A person may not make a contribution 28 (1) to a candidate or a person who files with the commission the 29 document necessary to permit the person to incur certain election-related expenses as 30 authorized by AS 15.13.100 for an office that is to be filled at a general election 31 before the later of the following dates:
01 (A) the date the person 02 (i) becomes a candidate; or 03 (ii) files with the commission the document necessary 04 to permit the person to incur certain election-related expenses as 05 authorized by AS 15.13.100; or 06 (B) January 1 of the year of the general election; 07 (2) to a candidate or a person who files with the commission the 08 document necessary to permit the person to incur certain election-related expenses as 09 authorized by AS 15.13.100 for an office that is to be filled at a special election or 10 municipal election before the later of the following dates: 11 (A) the date the person 12 (i) becomes a candidate; or 13 (ii) files with the commission the document necessary 14 to permit the person to incur certain election-related expenses as 15 authorized by AS 15.13.100; 16 (B) is 11 months before the date of the general or regular 17 municipal election or that is before the date of the proclamation of the special 18 election at which the person seeks election to public office; or 19 (3) to any candidate later than the 45th day 20 (A) after the date of a primary election if the person 21 (i) has been nominated at the primary election or is 22 running as a write-in candidate; and 23 (ii) is not opposed at the general election; or 24 (B) after the date of the general election, or after the date of a 25 municipal or municipal runoff election, if the person was opposed at the 26 general, municipal, or municipal runoff election. 27 (d) A person may not make a cash contribution that exceeds $100. 28 (e) An individual required to register as a lobbyist under AS 24.45 may not 29 make a contribution to a candidate for the legislature at any time the individual is 30 subject to the registration requirement under AS 24.45 and for one year after the date 31 of the individual's initial registration or its renewal. However, the individual may
01 make a contribution under this section to a candidate for the legislature in a district in 02 which the individual is registered to vote or will be registered to vote on the date of 03 the election. An individual who is subject to the restrictions of this subsection shall 04 report to the commission, on a form provided by the commission, each contribution 05 made while required to register as a lobbyist under AS 24.45. This subsection does 06 not apply to a representational lobbyist as defined in regulations of the commission. 07 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 08 contribution to a 09 (1) candidate may be received only by 10 (A) the candidate; or 11 (B) the candidate's campaign treasurer or a deputy campaign 12 treasurer; 13 (2) group may be received only by the group's campaign treasurer or 14 a deputy treasurer. 15 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 16 (a) The provisions of this chapter do not prohibit the person who is a candidate from 17 giving any amount of the candidate's own money or other thing of value to the 18 campaign of the candidate. Donations made by the candidate to the candidate's own 19 campaign shall be reported as contributions in accordance with AS 15.13.040 and 20 15.13.110. 21 (b) The provisions of this chapter do not prohibit the person who is a 22 candidate from lending any amount to the campaign of the candidate. Loans made by 23 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 24 15.13.110. However, the candidate may not 25 (1) recover, under this section and AS 15.13.116(a)(5), the amount of 26 a loan made by the candidate to the candidate's own campaign that exceeds 27 (A) $25,000, if the candidate ran for governor or lieutenant 28 governor; 29 (B) $10,000, if the candidate ran for 30 (i) the legislature; or 31 (ii) delegate to a constitutional convention;
01 (C) $10,000, if the candidate was a judge seeking electoral 02 confirmation; 03 (D) $5,000, if the candidate ran in a municipal election; or 04 (2) repay a loan that the candidate has made to the candidate's own 05 campaign unless, within five days of making the loan, the candidate notifies the 06 commission, on a form provided by the commission, of the candidate's intention to 07 repay the loan under AS 15.13.116(a)(5). 08 (c) The provisions of this section apply only to the person who is a candidate, 09 as that term is defined by AS 15.13.199(1)(A), and do not apply to authorize a 10 contribution or loan under this section by a person described in the definition of the 11 term candidate under AS 15.13.199(1)(B). 12 * Sec. 11. AS 15.13.080 is amended to read: 13 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 14 following shall file statements as required by (b) - (d) of this section: 15 (1) an individual who contributes to a candidate 16 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 17 A CANDIDATE OVER] $250; or 18 (B) [CONTRIBUTING] goods or services [TO A 19 CANDIDATE] with a value of more than $250; 20 (2) an individual who, during the period between the 90th day 21 before an election and the date of the election, contributes to more than one group 22 and whose contributions to all groups, in money or in the value of goods and 23 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF 24 A CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, 25 ON A FORM MADE AVAILABLE BY THE COMMISSION]. 26 (b) A person required to file a contributor's statement under (a) of this 27 section shall file on a form made available by the commission. The statement must 28 (1) identify the contributor and the candidate and all groups 29 receiving contributions; 30 (2) [SHALL] itemize the contributions and goods; and 31 (3) state that the contributor is not [A PERSON OR GROUP]
01 prohibited by law from contributing and that the contribution consists of funds or 02 property belonging to the contributor and has not been given or furnished by another 03 person or group. 04 (c) The contributor's statement shall be filed with the commission by the 05 contributor no later than 10 days after the contribution is made. [A COPY OF THE 06 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 07 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 08 CONTRIBUTION IS MADE.] 09 * Sec. 12. AS 15.13 is amended by adding new sections to read: 10 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 11 group may not make an expenditure in cash that exceeds $100 unless the candidate, 12 or the campaign treasurer or deputy campaign treasurer, obtains from the person to 13 whom the expenditure is made a written receipt and files a copy of the receipt with 14 the commission. 15 (b) A candidate or group may not make an expenditure unless the source of 16 the expenditure has been disclosed when required by this chapter. 17 (c) If a candidate or group receives a contribution in the form of cash, check, 18 money order, or other negotiable instrument and is subject to being reported to the 19 commission under this chapter, the candidate or group may neither expend the 20 contribution nor, in the case of a negotiable instrument, convert it to cash unless the 21 candidate, campaign treasurer, or deputy campaign treasurer first records the following 22 information for disclosure to the commission: 23 (1) the name, address, principal occupation, and employer of the 24 contributor; and 25 (2) the date and amount of the contribution. 26 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make 27 an expenditure anonymously, using a fictitious name, or using the name of another. 28 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 29 expenditure by or in behalf of 30 (1) a candidate may be made only by 31 (A) the candidate; or
01 (B) the candidate's campaign treasurer or a deputy campaign 02 treasurer; 03 (2) a group may be made only by the group's campaign treasurer. 04 * Sec. 13. AS 15.13.110(b) is amended to read: 05 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is 06 made within nine days of the election shall be reported to the commission by date, 07 amount, and contributor or recipient within 24 hours of receipt [OR EXPENDITURE] 08 by the candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 09 * Sec. 14. AS 15.13.110(c) is amended to read: 10 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 11 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 12 filed with the commission's central office and shall be kept open to public 13 inspection. Within 30 days after each election, the commission shall prepare a 14 summary of each report which shall be made available to the public at cost upon 15 request. Each summary shall use uniform categories of reporting. 16 * Sec. 15. AS 15.13 is amended by adding new sections to read: 17 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 18 CANDIDATE OR GROUP. (a) Campaign contributions held by a candidate or group 19 may be used 20 (1) as authorized by this chapter; or 21 (2) to pay the expenses of the candidate or group, and the campaign 22 expenses incurred by the candidate or group, that reasonably relate to election 23 campaign activities. 24 (b) Campaign contributions held by a candidate or group may not be 25 (1) used to give a personal benefit to the candidate or to another 26 person; 27 (2) converted to personal income of the candidate; 28 (3) loaned to a person; 29 (4) knowingly used to pay more than the fair market value for goods 30 or services purchased for the campaign; 31 (5) used to pay a criminal fine;
01 (6) used to pay civil penalties; however, campaign contributions held 02 by a candidate or group may be used to pay a civil penalty assessed under this chapter 03 if authorized by the commission after it first determines that 04 (A) the candidate, campaign treasurer, and deputy campaign 05 treasurer did not cause or participate in the violation for which the civil penalty 06 is imposed and exercised a reasonable level of oversight over the campaign; 07 and 08 (B) the candidate, campaign treasurer, and deputy campaign 09 treasurers cooperated in the revelation of the violation and in its immediate 10 correction; or 11 (7) used to make contributions to another candidate or to a group. 12 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) 13 A candidate or group that receives and accepts a contribution given in violation of 14 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 15 prohibited, return it to the contributor. If the contribution cannot be returned in the 16 same form, the equivalent value of the contribution shall be returned. 17 (b) An anonymous contribution is forfeited to the state unless the contributor 18 is identified within five days of its receipt. Money that forfeits to the state under this 19 subsection shall be delivered immediately to the Department of Revenue for deposit 20 in the general fund. 21 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 22 ELECTION. (a) A candidate who, after the date of the general election, holds unused 23 campaign contributions shall distribute the amount of unused campaign contributions 24 held not later than February 15 following the general election. A candidate who, after 25 the date of a special, municipal, or municipal runoff election or after the date the 26 candidate withdraws as a candidate from any election, whichever comes first, holds 27 unused campaign contributions shall distribute the amount of unused campaign 28 contributions held within 90 days. The distribution may only be made to 29 (1) pay bills incurred for expenditures reasonably related to the 30 campaign and the winding up of the affairs of the campaign, and to pay expenditures 31 associated with post-election fund raising that may be needed to raise funds to pay off
01 campaign debts; 02 (2) pay for a victory or a thank you party costing less than $500, or to 03 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 04 (3) make donations, without condition, to 05 (A) a political party; 06 (B) the state's general fund; 07 (C) a municipality of the state; or 08 (D) the federal government; 09 (4) make donations, without condition, to organizations qualified as 10 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 11 controlled by the candidate or a member of the candidate's immediate family; 12 (5) repay loans from the candidate to the candidate's own campaign 13 under AS 15.13.078(b); 14 (6) repay contributions to contributors, but only if repayment of the 15 contributions is made to all contributors pro rata in approximate proportion to the 16 contributions made; or 17 (7) establish a fund for, and, from that fund, to pay attorney fees or 18 costs incurred in, the prosecution or defense of an administrative or civil judicial action 19 that directly concerns a challenge to the victory or defeat of the candidate in the 20 election. 21 (b) After a general, special, municipal, or municipal runoff election, a 22 candidate may retain the ownership of personal property, except money, that was 23 acquired by and for use in the campaign. The total value of the property retained may 24 not exceed $2,500. All other property shall be disposed of, or sold and the sale 25 proceeds disposed of, in accordance with (a) or (c) of this section. 26 (c) Property remaining after disbursements are made under (a) - (b) of this 27 section is forfeited to the state. Within 30 days, the candidate shall deliver the 28 property to the Department of Revenue. The Department of Revenue shall deposit any 29 money received into the general fund and dispose of any other property in accordance 30 with law. 31 * Sec. 16. AS 15.13.120(d) is repealed and reenacted to read:
01 (d) A person who believes a violation of this chapter or a regulation adopted 02 under this chapter has occurred or is occurring may file an action in superior court 03 seeking injunctive relief and civil penalties under AS 15.13.125, or may file an 04 administrative complaint with the commission under (e) of this section. An action may 05 not be commenced under this subsection after two years have elapsed from the date 06 of the alleged violation. The plaintiff in a superior court action shall serve the attorney 07 general and the commission with a copy of the summons and complaint. The 08 commission, represented by the attorney general, may intervene in the action. 09 * Sec. 17. AS 15.13.120(e) is repealed and reenacted to read: 10 (e) A member of the commission, the commission's executive director, or a 11 person who believes a violation of a provision of this chapter or a regulation adopted 12 under this chapter has occurred, may file an administrative complaint with the 13 commission. The commission shall expeditiously make an investigation of the 14 complaint. If a member of the commission has filed the complaint, then the member 15 may not participate as a commissioner in any proceeding of the commission with 16 respect to the complaint. After affording a person notice and an opportunity for 17 hearing, if the commission finds that the person has engaged in or is about to engage 18 in an act or practice that constitutes or will constitute a violation of a provision of this 19 chapter or a regulation adopted under this chapter, the commission shall enter an order 20 requiring the violation to cease and to be remedied, and shall assess civil penalties 21 under AS 15.13.125. An action may not be commenced by the commission under this 22 subsection after four years have elapsed from the date of the alleged violation. The 23 commission's exercise of jurisdiction under this subsection is not exclusive. A person 24 who files a complaint under this subsection may withdraw it at any time and, unless 25 more than two years have elapsed since the date of the alleged violation, proceed 26 under (d) of this section. 27 * Sec. 18. AS 15.13.125 is amended to read: 28 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED 29 REPORTS. A person who fails to file a properly completed and certified report within 30 the time required by AS 15.13.040(f), 15.13.110(a)(1), (3), or (4), or 15.13.110(f) is 31 subject to a civil penalty of not more than $50 [$10] a day for each day the
01 delinquency continues as determined by the commission subject to right of appeal to 02 the superior court. A person who fails to file a properly completed and certified report 03 within the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil 04 penalty of not more than $500 [$50] a day for each day the delinquency continues as 05 determined by the commission subject to right of appeal to the superior court. An 06 affidavit stating facts in mitigation may be submitted to the commission by a person 07 against whom a civil penalty is assessed. However, the imposition of the penalties 08 prescribed in this section or in AS 15.13.120 does not excuse that person from filing 09 reports required by this chapter. 10 * Sec. 19. AS 15.13.125 is amended by adding new subsections to read: 11 (b) When an administrative complaint has been filed under AS 15.13.120(e), 12 the commission shall give the person against whom the complaint has been filed due 13 notice and an opportunity to be heard. If, at the conclusions of the hearing, the 14 commission determines that the person against whom the complaint was filed engaged 15 in the alleged violation, the commission shall assess 16 (1) civil penalties under (a) of this section; 17 (2) the commission's costs of investigation and adjudication; and 18 (3) reasonable attorney fees. 19 (c) The commission's determination under (b) of this section may be appealed 20 to the superior court under AS 44.62 (Administrative Procedure Act). 21 (d) When an action has been filed in the superior court under AS 15.13.120(d), 22 upon proof of the violation, the court shall enter a judgment in the amount of the civil 23 penalty authorized by (a) of this section and shall award reasonable attorney fees and 24 costs to the prevailing party. 25 (e) A person who filed a civil action under AS 15.13.120(d), upon proof of the 26 violation by the person against whom the action was filed, may execute on the 27 judgment and is entitled to half of any amount recovered as a civil penalty exclusive 28 of any attorney fees and costs awarded by the court. The remainder of any amount 29 recovered as a civil penalty shall be deposited in the state's general fund. 30 (f) If the commission or superior court finds that the violation was not a repeat 31 violation or was not part of a series or pattern of violations, was inadvertent, was
01 quickly corrected, and had no adverse effect on the campaign of another, the 02 commission or the court may 03 (1) suspend imposition of the penalties; and 04 (2) order the penalties set aside if the person does not engage in a 05 similar violation for a period of one year. 06 * Sec. 20. AS 15.13 is amended by adding new sections to read: 07 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 08 CANDIDATES. (a) Only an individual or group may make an independent 09 expenditure supporting or opposing a candidate for election to public office. An 10 independent expenditure supporting or opposing a candidate for election to public 11 office shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 12 and other requirements of this chapter. 13 (b) An individual or group who makes independent expenditures for a mass 14 mailing, for distribution of campaign literature of any sort, for a television, radio, 15 newspaper or magazine advertisement, or any other communication that supports or 16 opposes a candidate for election to public office 17 (1) shall comply with AS 15.13.090; and 18 (2) shall place the following statement in the mailing, literature, 19 advertisement, or other communication so that it is readily and easily discernible: 20 This NOTICE TO VOTERS is required by Alaska law. (I/we) 21 certify that this (mailing/literature/advertisement) is not authorized, paid 22 for, or approved by the candidate. 23 Sec. 15.13.137. RESTRICTIONS ON CONTRIBUTIONS TO INDIVIDUALS 24 MAKING INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES. 25 An individual who makes an independent expenditure supporting or opposing a 26 candidate may not accept a contribution to help pay for the expenditure from another 27 individual or group that exceeds the amount an individual may contribute to a group 28 under AS 15.13.070(b)(2). 29 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 30 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a 31 person, or a publicly funded entity, from making independent expenditures in support
01 of or in opposition to a ballot proposition or question. 02 (b) An independent expenditure for or against a ballot proposition or question 03 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 04 15.13.110 and other requirements of this chapter; and 05 (2) may not be made if the expenditure is prohibited by AS 15.13.084. 06 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 07 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 08 following may not use money held by the entity to influence the outcome of the 09 election of a candidate to a state, municipal, municipal runoff, or federal office: 10 (1) the state, its agencies, and its corporations; 11 (2) the University of Alaska and its Board of Regents; 12 (3) municipalities, school districts, and regional educational attendance 13 areas, or another political subdivision of the state; and 14 (4) an officer or employee of an entity identified in (1) - (3) of this 15 subsection. 16 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 17 used to influence the outcome of an election concerning a ballot proposition or 18 question, but only if the funds have been specifically appropriated for that purpose by 19 a state law or a municipal ordinance. 20 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 21 used 22 (1) to disseminate information about the time and place of an election 23 and to hold an election; 24 (2) to provide the public with nonpartisan information about a ballot 25 proposition or question or about all the candidates seeking election to a particular 26 public office. 27 (d) When expenditure of money is authorized by (b) and (c) of this section and 28 is used to influence the outcome of an election, the expenditures shall be reported to 29 the commission in the same manner as an individual is required to report under 30 AS 15.13.040. 31 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT
01 PROHIBITED. This chapter does not prohibit a person from engaging in educational 02 election related communications and activities, including 03 (1) the publication of the date and location of an election; 04 (2) the education of students about voting and elections; 05 (3) the sponsorship of open candidate debate forums; 06 (4) participation in get-out-the-vote or voter registration drives that do 07 not favor a particular candidate, political party, or political position; or 08 (5) the dissemination of the views of all candidates running for a 09 particular office. 10 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND 11 HONORARIA. (a) A candidate for the state legislature, for governor, or for 12 lieutenant governor, including a person campaigning as a write-in candidate for the 13 office, may not 14 (1) seek or accept compensation for personal services that involves 15 payments that are not commensurate with the services rendered taking into account the 16 higher rates generally charged by specialists in a profession; or 17 (2) accept a payment of anything of value, except for actual and 18 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 19 not apply to the salary paid to the candidate for making an appearance or speech as 20 part of the candidate's normal course of employment. 21 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 22 governor, or for lieutenant governor, including a person campaigning as a write-in 23 candidate for the office, may accept a payment for an appearance or speech if the 24 appearance or speech is not connected with the person's status as a state official or as 25 a candidate. 26 Sec. 15.13.199. DEFINITIONS. In this chapter, 27 (1) "candidate" 28 (A) means a person who 29 (i) files for election under AS 15.25.030 - 15.25.130 or 30 under AS 15.25.140 - 15.25.200 for the state legislature, for governor, 31 or for lieutenant governor;
01 (ii) files for municipal office; 02 (iii) files for retention in judicial office; 03 (iv) files for constitutional convention delegate; or 04 (v) campaigns as a write-in candidate for an office 05 described in (i) - (iv) of this subparagraph; and 06 (B) when used in a provision of this chapter that limits or 07 prohibits the donation, solicitation, or acceptance of campaign contributions, or 08 limits or prohibits an expenditure, includes 09 (i) a candidate's campaign treasurer and a deputy 10 campaign treasurer; 11 (ii) a member of the candidate's immediate family; 12 (iii) a person acting as agent for the candidate; 13 (iv) the candidate's campaign committee; and 14 (v) a group that makes expenditures or receives 15 contributions with the authorization or consent, express or implied, or 16 under the control, direct or indirect, of the candidate; 17 (2) "commission" means the Alaska Public Offices Commission; 18 (3) "contribution" 19 (A) means purchase, payment, promise or obligation to pay, 20 loan or loan guarantee, deposit or gift of money, goods or services for which 21 charge is ordinarily made and that is made for the purpose of influencing the 22 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 23 of influencing a ballot proposition or question, including the payment by a 24 person other than a candidate or political party, or compensation for the 25 personal services of another person that are rendered to the candidate or 26 political party; 27 (B) does not include 28 (i) services provided without compensation by 29 individuals volunteering a portion or all of their time on behalf of a 30 candidate or ballot proposition or question, but it does include 31 professional services volunteered by individuals for which they
01 ordinarily would be paid a fee or wage; 02 (ii) services provided by an accountant or other person 03 to prepare reports and statements required by this chapter; or 04 (iii) ordinary hospitality in a home; 05 (4) "expenditure" 06 (A) means a purchase or a transfer of money or anything of 07 value, or promise or agreement to purchase or transfer money or anything of 08 value, incurred or made for the purpose of 09 (i) influencing the nomination or election of a candidate 10 or of any individual who files for nomination at a later date and 11 becomes a candidate; 12 (ii) use by a political party; 13 (iii) the payment by a person other than a candidate or 14 political party of compensation for the personal services of another 15 person that are rendered to a candidate or political party; or 16 (iv) influencing the outcome of a ballot proposition or 17 question; 18 (B) does not include a candidate's filing fee or the cost of 19 preparing reports and statements required by this chapter; 20 (5) "group" means 21 (A) every state and regional executive committee of a political 22 party; and 23 (B) any combination of two or more individuals acting jointly 24 who organize for the principal purpose to influence the outcome of one or more 25 elections and who take action the major purpose of which is to influence the 26 outcome of an election; a group that makes expenditures or receives 27 contributions with the authorization or consent, express or implied, or under the 28 control, direct or indirect, of a candidate shall be considered to be controlled 29 by that candidate; a group whose major purpose is to further the nomination, 30 election, or candidacy of only one person, or intends to expend more than 50 31 percent of its money on a single candidate, shall be considered to be controlled
01 by that candidate and its actions done with the candidate's knowledge and 02 consent unless, within 10 days from the date the candidate learns of the 03 existence of the group the candidate files with the commission, on a form 04 provided by the commission, an affidavit that the group is operating without 05 the candidate's control; a group organized for more than one year preceding an 06 election and endorsing candidates for more than one office or more than one 07 political party is presumed not to be controlled by a candidate; however, a 08 group that contributes more than 50 percent of its money to or on behalf of one 09 candidate shall be considered to support only one candidate for purposes of 10 AS 15.13.070, whether or not control of the group has been disclaimed by the 11 candidate; 12 (6) "immediate family" means the spouse, parents, children, including 13 a stepchild and an adoptive child, and siblings of an individual; 14 (7) "independent expenditure" means an expenditure that is made 15 without the direct or indirect consultation or cooperation with, or at the suggestion or 16 the request of, or with the prior consent of, a candidate, a candidate's campaign 17 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 18 of the candidate; 19 (8) "individual" means a natural person; 20 (9) "person" has the meaning given in AS 01.10.060, and includes a 21 labor union; 22 (10) "political party" has the definition given the term "political party" 23 in AS 15.60.010 and, in addition, includes a subordinate unit of the organized group 24 of voters qualifying as a political party under that definition; 25 (11) "publicly funded entity" means a person that receives any public 26 money. 27 * Sec. 21. AS 15.56 is amended by adding new sections to read: 28 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 29 A person commits the crime of campaign misconduct in the first degree if the person 30 intentionally violates a provision of AS 15.13 or a regulation adopted under authority 31 of AS 15.13.
01 (b) Violation of this section is a corrupt practice. 02 (c) Campaign misconduct in the first degree is a class A misdemeanor. 03 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. 04 (a) A person commits the crime of campaign misconduct in the second degree if the 05 person 06 (1) knowingly circulates or has written, printed or circulated a letter, 07 circular, or publication relating to an election, to a candidate at an election, or an 08 election proposition or question without the name and address of the author appearing 09 on its face; 10 (2) knowingly prints or publishes an advertisement, billboard, placard, 11 poster, handbill, paid-for television or radio announcement or other communication 12 intended to influence the election of a candidate or outcome of a ballot proposition or 13 question without the words "paid for by" followed by the name and address of the 14 candidate, group or individual paying for the advertising or communication and, if a 15 candidate or group, with the name of the campaign chair; 16 (3) knowingly writes or prints and circulates, or has written, printed and 17 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 18 radio or television 19 (A) containing false factual information relating to a candidate 20 for an election; 21 (B) that the person knows to be false; and 22 (C) that would provoke a reasonable person under the 23 circumstances to a breach of the peace or damages the candidate's reputation 24 for honesty, integrity, or the candidate's qualifications to serve if elected to 25 office; or 26 (4) knowingly violates a provision of AS 15.13 or a regulation adopted 27 under AS 15.13. 28 (b) Violation of this section is a corrupt practice. 29 (c) Campaign misconduct in the second degree is a class B misdemeanor. 30 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 31 A person commits the crime of campaign misconduct in the third degree
01 (1) if the person recklessly or with criminal negligence violates a 02 provision of AS 15.13 or a regulation adopted under AS 15.13; or 03 (2) if, during the hours the polls are open and after election judges 04 have posted warning notices as required by AS 15.15.170 or at the required distance 05 in the form and manner prescribed by the chief municipal elections official in a local 06 election, the person intentionally is within 200 feet of an entrance to a polling place, 07 and 08 (A) violates AS 15.15.170; or 09 (B) circulates cards, handbills, or marked ballots, or posts 10 political signs or posters relating to a candidate at an election or election 11 proposition or question. 12 (b) Campaign misconduct in the third degree is a violation. 13 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 14 PROVISIONS. (a) For purposes of AS 15.56.012(a), 15.56.015(a)(4), and 15 15.56.016(a)(1), each day a violation continues constitutes a separate offense. 16 (b) When a person is convicted of violating AS 15.56.012(a), in addition to 17 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 18 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 19 license held by the defendant that allows the defendant to do business in the state. 20 Sec. 15.56.019. DEFINITIONS. In AS 15.56.012 - 15.56.018, the terms 21 "intentionally," "knowingly," "recklessly," and "with criminal negligence" have the 22 meanings given in AS 11.81.900(a). 23 * Sec. 22. AS 24.45.121(a) is amended to read: 24 (a) A lobbyist may not 25 (1) engage in any activity as a lobbyist before registering under 26 AS 24.45.041; 27 (2) do anything with the intent of placing a public official under 28 personal obligation to the lobbyist or to the lobbyist's employer; 29 (3) intentionally deceive or attempt to deceive any public official with 30 regard to any material fact pertinent to pending or proposed legislative or 31 administrative action;
01 (4) cause or influence the introduction of a legislative measure solely 02 for the purpose of thereafter being employed to secure its passage or its defeat; 03 (5) cause a communication to be sent to a public official in the name 04 of any fictitious person or in the name of any real person, except with the consent of 05 that person; 06 (6) accept or agree to accept any payment in any way contingent upon 07 the defeat, enactment, or outcome of any proposed legislative or administrative action; 08 (7) serve as a member of a state board, or commission, if the lobbyist's 09 employer may receive direct economic benefit from a decision of that board or 10 commission; 11 (8) serve as a campaign manager or director, serve as a campaign 12 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 13 fund-raising event, directly or indirectly collect contributions for, or deliver 14 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 15 activity of a legislative campaign or campaign for governor or lieutenant governor 16 if the lobbyist has registered, or is required to register as a lobbyist, under this 17 chapter, during the calendar year; this paragraph does not apply to a representational 18 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and 19 does not prohibit a lobbyist from making personal contributions to a candidate as 20 authorized by AS 15.13 or personally advocating on behalf of a candidate; 21 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 22 person covered by AS 24.60, during a legislative session, a gift, other than food or 23 beverage for immediate consumption; 24 (10) make or offer a gift or a campaign contribution whose acceptance 25 by the person to whom it is offered would violate AS 24.60. 26 * Sec. 23. AS 24.60.031(b) is amended to read: 27 (b) In this section, "contribution" has the meaning given in AS 15.13.199 28 [AS 15.13.130]. 29 * Sec. 24. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 30 * Sec. 25. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 31 construed to avoid a conflict with any federal law that, under the supremacy clause of art. VI
01 of the United States Constitution, prevails over the state provision. 02 * Sec. 26. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 03 If a court determines that, under the federal or state constitutions, persons who are not 04 individuals must be allowed to contribute to candidates or groups, then the requirements, 05 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 06 * Sec. 27. This Act takes effect immediately under AS 01.10.070(c).