CSHB 368(STA): "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, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date."
00CS FOR HOUSE BILL NO. 368(STA) 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, the definitions of offenses 04 of campaign misconduct, and to the use of the net proceeds of charitable gaming 05 activities in election campaigns; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 08 laws, 09 (1) campaigns for elective public office last too long, are often uninformative, 10 and are too expensive; 11 (2) highly qualified citizens are dissuaded from running for public office due to 12 the high cost of election campaigns; 13 (3) organized special interests are responsible for raising a significant portion of 14 all election campaign funds and may thereby gain an undue influence over election campaigns
01 and elected officials, particularly incumbents; 02 (4) incumbents enjoy a distinct advantage in raising money for election 03 campaigns, and many elected officials raise and carry forward huge surpluses from one campaign 04 to the next, to the disadvantage of challengers; 05 (5) because, under existing laws, candidates are completely free to convert 06 campaign funds to personal income, there is great potential for bribery and political corruption; 07 and 08 (6) penalties for violations of the existing campaign finance laws are far too 09 lenient to deter misconduct. 10 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 11 finance laws in order to restore the public's trust in the electoral process and to foster good 12 government. 13 * Sec. 2. AS 05.15.150(a) is amended to read: 14 (a) The authority to conduct the activity authorized by this chapter is contingent 15 upon the dedication of the net proceeds of the charitable gaming activity to the awarding 16 of prizes to contestants or participants and to political, educational, civic, public, 17 charitable, patriotic, or religious uses in the state. "Political, educational, civic, public, 18 charitable, patriotic, or religious uses" means uses benefiting persons either by bringing 19 them under the influence of education or religion or relieving them from disease, 20 suffering, or constraint, or by assisting them in establishing themselves in life, or by 21 providing for the promotion of the welfare and well-being of the membership of the 22 organization within their own community, or through aiding candidates for public office 23 or groups that support candidates for public office, or by erecting or maintaining public 24 buildings or works, or lessening the burden on government, but does not include 25 (1) the direct or indirect payment of any portion of the net proceeds of 26 a bingo or pull-tab game to a lobbyist registered under AS 24.45; [OR] 27 (2) the erection, acquisition, improvement, maintenance, or repair of real, 28 personal, or mixed property unless it is used exclusively for one or more of the permitted 29 uses; or 30 (3) the direct or indirect payment of any portion of the net proceeds 31 of a charitable gaming activity, except the proceeds of a raffle and lottery,
01 (A) to aid candidates for public office or groups that support 02 candidates for public office; 03 (B) to a political party or to an organization affiliated with 04 a political party; or 05 (C) to a group, as that term is defined in AS 15.13.400, that 06 seeks to influence the outcome of an election. 07 * Sec. 3. AS 15.13.010(a) is amended to read: 08 (a) This chapter applies 09 (1) in every election for governor, lieutenant governor, a member of the 10 state legislature, a delegate to a constitutional convention, or judge seeking electoral 11 confirmation; 12 (2) [. IT ALSO APPLIES] to every candidate for election to a municipal 13 office in a municipality with a population of more than 1,000 inhabitants according to 14 the latest United States census figures or estimates of population certified as correct for 15 administrative purposes by the Department of Community and Regional Affairs unless 16 the municipality has exempted itself from the provisions of this chapter; a [. A] 17 municipality may exempt its elected municipal officers from the requirements of this 18 chapter if a majority of the voters voting on the question at a regular election, as defined 19 by AS 29.71.800(20), or a special municipality-wide election called for that purpose, 20 votes [VOTE] to exempt its elected municipal officers from the requirements of this 21 chapter; the [. THE] question of exemption from the requirements of this chapter may 22 be submitted by the governing body by ordinance or by initiative election. [THIS 23 CHAPTER DOES NOT PROHIBIT A MUNICIPALITY FROM REGULATING BY 24 ORDINANCE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.] 25 * Sec. 4. AS 15.13.010 is amended by adding a new subsection to read: 26 (c) This chapter does not prohibit a municipality from regulating by ordinance 27 election campaign contributions and expenditures in municipal elections, or from 28 regulating those campaign contributions and expenditures more strictly than provided in 29 this chapter. 30 * Sec. 5. AS 15.13.040(a) is amended to read: 31 (a) Except as provided in (g) of this section, each [EACH] candidate shall
01 make a full report, upon a form prescribed by the commission, listing the date and 02 amount of all expenditures made by the candidate, the total amount of all contributions, 03 including all funds contributed by the candidate, and for all contributions in excess of 04 $100 in the aggregate a year, the name, address, principal occupation, and employer of 05 the contributor and the date and amount contributed by each contributor. The report 06 shall be filed in accordance with AS 15.13.110 and shall be certified correct by the 07 candidate or campaign treasurer. 08 * Sec. 6. AS 15.13.040(d) is amended to read: 09 (d) Every individual, person, or group making a contribution or expenditure shall 10 make a full report, upon a form prescribed by the commission, of the following 11 contributions or expenditures: 12 (1) any contribution of cash, goods, or services valued at more than $250 13 a year to any group or candidate; or 14 (2) unless exempted from reporting by (h) of this section, any 15 expenditure whatsoever for advertising in newspapers or other periodicals, on radio, or 16 on television; or, for the publication, distribution, or circulation of brochures, flyers, or 17 other campaign material for any candidate or ballot proposition or question. 18 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 19 (g) The provisions of (a) of this section do not apply if a candidate 20 (1) indicates, on a form prescribed by the commission, an intent not to 21 raise and not to expend more than $2,500 in seeking election; 22 (2) accepts contributions totaling not more than $2,500 in seeking 23 election; and 24 (3) makes expenditures totaling not more than $2,500 in seeking 25 election. 26 (h) The provisions of (d)(2) of this section do not apply to one or more 27 expenditures made by an individual acting independently of any group and 28 independently of any other individual if the expenditures 29 (1) cumulatively do not exceed $250 during a calendar year; and 30 (2) are made only for billboards, signs, or printed material concerning 31 a ballot proposition or question.
01 * Sec. 8. AS 15.13.050 is amended to read: 02 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 03 Before [EACH GROUP, BEFORE] making an expenditure in support [ON BEHALF] 04 of [,] or in opposition to [,] a candidate or before making an expenditure in support 05 of or in opposition to a ballot proposition or question, each person, publicly-funded 06 entity, or group [A CONTRIBUTION TO A CANDIDATE] shall register, on forms 07 provided by the commission, with the commission. If the group intends to support or 08 oppose only one candidate, or to contribute to or expend on behalf of, or in opposition 09 to, one candidate 33 1/3 [50] percent or more of its funds, the name of the candidate 10 shall be a part of the name of the group. Promptly upon receiving the registration, the 11 commission shall notify the candidate of the group's organization and intent. 12 * Sec. 9. AS 15.13 is amended by adding new sections to read: 13 Sec. 15.13.065. WHO MAY MAKE CONTRIBUTIONS. (a) An individual 14 may make a contribution to a group or to a political party. 15 (b) A political party may contribute to a subordinate unit of the political party, 16 and a subordinate unit of a political party may contribute to the political party of which 17 it is a subordinate unit. 18 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following may 19 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 that, if required by AS 15.13.050 to register, is registered, 23 or a group not required to register under AS 15.13.050. 24 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 25 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 26 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 27 to the limitations of this chapter and AS 24.45, including the limitations on the maximum 28 amounts set out in this section. 29 (b) An individual may contribute not more than 30 (1) $500 per year to a candidate, or to a person who conducts a write-in 31 campaign as a candidate;
01 (2) $250 per year to a group that is not a political party; 02 (3) $5,000 per year to a political party. 03 (c) A group that is not a political party may contribute not more than $1,000 per 04 year 05 (1) to a candidate, or to a person who conducts a write-in campaign as 06 a candidate; or 07 (2) to another group or to a political party. 08 (d) A political party may contribute to a candidate, or to a person who conducts 09 a write-in campaign, for the following offices an amount not to exceed 10 (1) $100,000 per year, if the election is for governor or lieutenant 11 governor; 12 (2) $15,000 per year, if the election is for the state senate; 13 (3) $10,000 per year, if the election is for the state house of 14 representatives; and 15 (4) $5,000 per year, if the election is for 16 (A) delegate to a constitutional convention; 17 (B) judge seeking retention; or 18 (C) municipal office. 19 * Sec. 11. AS 15.13 is amended by adding new sections to read: 20 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 21 OF CONTRIBUTIONS. (a) A candidate or a person who has filed with the commission 22 the document necessary to permit the person to incur election-related expenses under 23 AS 15.13.100 may not solicit or accept a contribution from 24 (1) an individual or group not authorized by law to make a contribution; 25 (2) an individual who is not a resident of the state at the time the 26 contribution is made except as provided in (b) of this section; 27 (3) a group organized under the laws of another state, resident in another 28 state, or whose participants are not residents of this state at the time the contribution is 29 made; or 30 (4) a person registered as a lobbyist if the contribution violates 31 AS 15.13.074(f) or AS 24.45.121(a)(8).
01 (b) A candidate or a person who has filed with the commission the document 02 necessary to permit the person to incur election-related expenses under AS 15.13.100 03 may solicit or accept contributions from an individual who is not a resident of the state 04 at the time the contribution is made if the amounts contributed by individuals who are 05 not residents do not exceed 06 (1) $20,000, if the candidate or person is seeking the office of governor 07 or lieutenant governor; 08 (2) $3,000, if the candidate or person is seeking the office of state 09 senator; 10 (3) $2,000, if the candidate or person is seeking the office of state 11 representative. 12 (c) 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 or a group, may not solicit or accept a cash contribution that exceeds $100. 15 (d) A person, or a person acting directly or indirectly on behalf of that person, 16 may not solicit or accept a contribution 17 (1) before the date for which contributions may be made as determined 18 under AS 15.13.074(c)(1) - (3); or 19 (2) later than the day after which contributions may not be made as 20 determined under AS 15.13.074(c)(4). 21 (e) A candidate or a person who has filed with the commission the document 22 necessary to permit the person to incur election-related expenses under AS 15.13.100 23 may not solicit or accept a contribution if the legislature is convened in a regular or 24 special legislative session, and the candidate or person is a member of the legislature, or 25 employed by a legislator or employed as a member of the legislator's staff or as a 26 member of the staff of a legislative committee. 27 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person may not 28 make a contribution if the making of the contribution would violate this chapter. 29 (b) A person may not make a contribution anonymously, using a fictitious name, 30 or using the name of another. 31 (c) A person may not make a contribution
01 (1) to a candidate for governor or lieutenant governor or a person who 02 files with the commission the document necessary to permit the person to incur certain 03 election-related expenses as authorized by AS 15.13.100 for governor or lieutenant 04 governor, when the office is to be filled at a general election, before the later of the 05 following dates: 06 (A) the date the person 07 (i) becomes a candidate; or 08 (ii) files with the commission the document necessary to 09 permit the person to incur certain election-related expenses as authorized 10 by AS 15.13.100; or 11 (B) January 1 of the year of the general election; 12 (2) to a candidate for the state legislature or a person who files with the 13 commission the document necessary to permit the person to incur certain election-related 14 expenses as authorized by AS 15.13.100 for the state legislature, when the office is to 15 be filled at a general election, before the later of the following dates: 16 (A) the date the person 17 (i) becomes a candidate; or 18 (ii) files with the commission the document necessary to 19 permit the person to incur certain election-related expenses as authorized 20 by AS 15.13.100; or 21 (B) June 1 of the year of the general election; 22 (3) to a candidate or a person who files with the commission the 23 document necessary to permit the person to incur certain election-related expenses as 24 authorized by AS 15.13.100 for an office that is to be filled at a special election or 25 municipal election before the later of the following dates: 26 (A) the date the person 27 (i) becomes a candidate; or 28 (ii) files with the commission the document necessary to 29 permit the person to incur certain election-related expenses as authorized 30 by AS 15.13.100; 31 (B) is five months before the date of the general or regular
01 municipal election or that is before the date of the proclamation of the special 02 election at which the person seeks election to public office; or 03 (4) to any candidate later than the 45th day 04 (A) after the date of a primary election if the person 05 (i) has been nominated at the primary election or is 06 running as a write-in candidate; and 07 (ii) is not opposed at the general election; 08 (B) after the date of the primary election if the person was not 09 nominated at the primary election; or 10 (C) after the date of the general election, or after the date of a 11 municipal or municipal runoff election, if the person was opposed at the general, 12 municipal, or municipal runoff election. 13 (d) A person may not make a contribution to a candidate or a person who is 14 prohibited by AS 15.13.072(d) from accepting it. 15 (e) A person may not make a cash contribution that exceeds $100. 16 (f) An individual required to register as a lobbyist under AS 24.45 may not make 17 a contribution to a candidate for the legislature at any time the individual is subject to 18 the registration requirement under AS 24.45 and for one year after the date of the 19 individual's initial registration or its renewal. However, the individual may make a 20 contribution under this section to a candidate for the legislature in a district in which the 21 individual is registered to vote or will be registered to vote on the date of the election. 22 An individual who is subject to the restrictions of this subsection shall report to the 23 commission, on a form provided by the commission, each contribution made while 24 required to register as a lobbyist under AS 24.45. This subsection does not apply to a 25 representational lobbyist as defined in regulations of the commission. 26 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 27 contribution to a 28 (1) candidate may be received only by 29 (A) the candidate; or 30 (B) the candidate's campaign treasurer or a deputy campaign 31 treasurer;
01 (2) group may be received only by the group's campaign treasurer or a 02 deputy treasurer. 03 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 04 (a) The provisions of this chapter do not prohibit the person who is a candidate from 05 giving any amount of the candidate's own money or other thing of value to the 06 campaign of the candidate. Donations made by the candidate to the candidate's own 07 campaign shall be reported as contributions in accordance with AS 15.13.040 and 08 15.13.110. 09 (b) The provisions of this chapter do not prohibit the person who is a 10 candidate from lending any amount to the campaign of the candidate. Loans made by 11 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 12 15.13.110. However, the candidate may not 13 (1) recover, under this section and AS 15.13.116(a)(5), the amount of 14 a loan made by the candidate to the candidate's own campaign that exceeds 15 (A) $25,000, if the candidate ran for governor or lieutenant 16 governor; 17 (B) $10,000, if the candidate ran for 18 (i) the legislature; or 19 (ii) delegate to a constitutional convention; 20 (C) $10,000, if the candidate was a judge seeking retention; 21 (D) $5,000, if the candidate ran in a municipal election; or 22 (2) repay a loan that the candidate has made to the candidate's own 23 campaign unless, within five days of making the loan, the candidate notifies the 24 commission, on a form provided by the commission, of the candidate's intention to 25 repay the loan under AS 15.13.116(a)(5). 26 (c) The provisions of this section apply only to the person who is a candidate, 27 as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize a 28 contribution or loan under this section by a person described in the definition of the 29 term "candidate" under AS 15.13.400(1)(B). 30 * Sec. 12. AS 15.13.080 is amended to read: 31 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the
01 following shall file statements as required by this section: 02 (1) an individual who contributes to a candidate 03 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 04 A CANDIDATE OVER] $250; or 05 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 06 with a value of more than $250; 07 (2) an individual who, during the period between the 90th day before 08 an election and the date of the election, contributes to more than one group and 09 whose aggregate contributions to all groups, in money or in the value of goods and 10 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 11 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 12 A FORM MADE AVAILABLE BY THE COMMISSION]. 13 (b) An individual required to file a contributor's statement under (a) of this 14 section shall file on a form made available by the commission. The statement must 15 (1) identify the contributor and the candidate and all groups 16 receiving contributions; 17 (2) [SHALL] itemize the contributions and goods; and 18 (3) state that the contributor is not [A PERSON OR GROUP] prohibited 19 by law from contributing and that the contribution consists of funds or property 20 belonging to the contributor and has not been given or furnished by another person or 21 group. 22 (c) The contributor's statement shall be filed with the commission by the 23 contributor no later than 10 days after the contribution is made. [A COPY OF THE 24 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 25 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 26 CONTRIBUTION IS MADE.] 27 * Sec. 13. AS 15.13 is amended by adding new sections to read: 28 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 29 group may not make an expenditure in cash that exceeds $100 unless the candidate, or 30 the campaign treasurer or deputy campaign treasurer, obtains from the person to whom 31 the expenditure is made a written receipt and files a copy of the receipt with the
01 commission. 02 (b) A candidate or group may not make an expenditure unless the source of the 03 expenditure has been disclosed as required by this chapter. 04 (c) If a candidate receives a contribution in the form of cash, check, money 05 order, or other negotiable instrument and is subject to being reported to the commission 06 under this chapter, the candidate may neither expend the contribution nor, in the case of 07 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 08 deputy campaign treasurer first records the following information for disclosure to the 09 commission: 10 (1) the name, address, principal occupation, and employer of the 11 contributor; and 12 (2) the date and amount of the contribution. 13 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 14 expenditure anonymously, using a fictitious name, or using the name of another. 15 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 16 expenditure 17 (1) authorized by AS 15.13.067(1) by or in behalf of a candidate may be 18 made only by 19 (A) the candidate; or 20 (B) the candidate's campaign treasurer or a deputy campaign 21 treasurer; 22 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 23 made only by the group's campaign treasurer. 24 * Sec. 14. AS 15.13.090 is amended by adding a new subsection to read: 25 (b) The provisions of (a) of this section do not apply when the advertisement 26 (1) is paid for by an individual acting independently of any group and 27 independently of any other individual; 28 (2) is made concerning a ballot proposition or question; and 29 (3) is made for 30 (A) a billboard or sign; or 31 (B) printed material other than an advertisement made in a
01 newspaper or other periodical. 02 * Sec. 15. AS 15.13.110(a) is amended to read: 03 (a) Each candidate and group shall make a full report in accordance with 04 AS 15.13.040 for the period ending three days before the due date of the report and 05 beginning on the last day covered by the most recent previous report. If the report is a 06 first report, it shall cover the period from the beginning of the campaign to the date three 07 days before the due date of the report. If the report is a report due February 15, it shall 08 cover the period beginning on the last day covered by the most recent previous report 09 or on the day that the campaign started, whichever is later, and ending on December 31 10 of the prior year. The report shall be filed 11 (1) 30 days before the election; however, this report is not required if the 12 deadline for filing a nominating petition or declaration of candidacy is within 30 days 13 of the election; 14 (2) one week before the election; 15 (3) 10 days after the election; and 16 (4) February 15 for expenditures made and contributions received that 17 were not reported during the previous year, including, if applicable, expenditures from 18 a legislative office account established under AS 15.13.116(a)(9), or when 19 expenditures were not made or contributions were not received during the previous year. 20 * Sec. 16. AS 15.13.110(b) is amended to read: 21 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 22 within nine days of the election shall be reported to the commission by date, amount, and 23 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 24 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 25 * Sec. 17. AS 15.13.110(c) is amended to read: 26 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 27 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 28 filed with the commission's central office and shall be kept open to public inspection. 29 Within 30 days after each election, the commission shall prepare a summary of each 30 report which shall be made available to the public at cost upon request. Each summary 31 shall use uniform categories of reporting.
01 * Sec. 18. AS 15.13 is amended by adding new sections to read: 02 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 03 CANDIDATE OR GROUP. (a) Campaign contributions held by a candidate or group 04 may be used only to pay the expenses of the candidate or group, and the campaign 05 expenses incurred by the candidate or group, that reasonably relate to election campaign 06 activities, and in those cases only as authorized by this chapter. 07 (b) Campaign contributions held by a candidate or group may not be 08 (1) used to give a personal benefit to the candidate or to another person; 09 (2) converted to personal income of the candidate; 10 (3) loaned to a person; 11 (4) knowingly used to pay more than the fair market value for goods or 12 services purchased for the campaign; 13 (5) used to pay a criminal fine; 14 (6) used to pay civil penalties; however, campaign contributions held by 15 a candidate or group may be used to pay a civil penalty assessed under this chapter if 16 authorized by the commission after it first determines that 17 (A) the candidate, campaign treasurer, and deputy campaign 18 treasurer did not cause or participate in the violation for which the civil penalty 19 is imposed and exercised a reasonable level of oversight over the campaign; and 20 (B) the candidate, campaign treasurer, and deputy campaign 21 treasurers cooperated in the revelation of the violation and in its immediate 22 correction; or 23 (7) used to make contributions to another candidate or to a group. 24 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 25 candidate or group that receives and accepts a contribution given in violation of 26 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 27 prohibited, return it to the contributor. If the contribution cannot be returned in the same 28 form, the equivalent value of the contribution shall be returned. 29 (b) An anonymous contribution is forfeited to the state unless the contributor is 30 identified within five days of its receipt. Money that forfeits to the state under this 31 subsection shall be delivered immediately to the Department of Revenue for deposit in
01 the general fund. 02 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 03 ELECTION. (a) A candidate who, after the date of the general, special, municipal, or 04 municipal runoff election or after the date the candidate withdraws as a candidate, 05 whichever comes first, holds unused campaign contributions shall distribute the amount 06 held within 60 days. The distribution may only be made to 07 (1) pay bills incurred for expenditures reasonably related to the campaign 08 and the winding up of the affairs of the campaign, and to pay expenditures associated 09 with post-election fund raising that may be needed to raise funds to pay off campaign 10 debts; 11 (2) pay for a victory or a thank you party costing less than $500, or to 12 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 13 (3) make donations, without condition, to 14 (A) a political party; 15 (B) the state's general fund; 16 (C) a municipality of the state; or 17 (D) the federal government; 18 (4) make donations, without condition, to organizations qualified as 19 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 20 controlled by the candidate or a member of the candidate's immediate family; 21 (5) repay loans from the candidate to the candidate's own campaign 22 under AS 15.13.078(b); 23 (6) repay contributions to contributors, but only if repayment of the 24 contribution is made to all contributors pro rata in approximate proportion to the 25 contributions made; 26 (7) establish a fund for, and from that fund to pay, attorney fees or costs 27 incurred in the prosecution or defense of an administrative or civil judicial action that 28 directly concerns a challenge to the victory or defeat of the candidate in the election; 29 (8) transfer all or a portion of the unused campaign contributions to an 30 account for a future election campaign; a transfer under this paragraph is limited to 31 (A) $50,000, if the transfer is made by a candidate for governor
01 or lieutenant governor; 02 (B) $7,500, if the transfer is made by a candidate for the state 03 senate; 04 (C) $5,000, if the transfer is made by a candidate for the state 05 house of representatives; and 06 (D) $5,000, if the transfer is made by a candidate for an office 07 not described in (A) - (C) of this paragraph; 08 (9) transfer all or a portion of the unused campaign contributions to a 09 legislative office account; a transfer under this paragraph is subject to the following: 10 (A) the authority to transfer is limited to candidates who are 11 elected to the state legislature; 12 (B) the legislative office account established under this paragraph 13 may be used only for expenses associated with the candidate's serving as a 14 member of the legislature; 15 (C) the expenditures made from the legislative office account 16 shall be annually accounted for under AS 15.13.110(a)(4); and 17 (D) a transfer under this paragraph is limited to 18 (i) $10,000, for a candidate elected to the state senate; and 19 (ii) $5,000, for a candidate elected to the state house of 20 representatives. 21 (b) After a general, special, municipal, or municipal runoff election, a candidate 22 may retain the ownership of personal property, except money, that was acquired by and 23 for use in the campaign. The total value of the property retained may not exceed $2,500. 24 All other property shall be disposed of, or sold and the sale proceeds disposed of, in 25 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 property 28 to the Department of Revenue. The Department of Revenue shall deposit any money 29 received into the general fund and dispose of any other property in accordance with law. 30 * Sec. 19. AS 15.13.120(d) is repealed and reenacted to read: 31 (d) Whenever a person believes a violation of this chapter or a regulation
01 adopted under this chapter has occurred or is occurring, the person may file an 02 administrative complaint with the commission under (e) of this section. If, after 60 days 03 following the filing of the complaint, the commission staff has not completed a report 04 of a preliminary investigation as authorized by commission regulation adopted under 05 AS 15.13.030(10) or AS 24.60.220, the person may file an action in the superior court 06 seeking injunctive relief and civil penalties under AS 15.13.125. However, an action 07 may not be commenced in the superior court under this subsection after two years have 08 elapsed from the date of the alleged violation. The plaintiff in a superior court action 09 shall serve the attorney general and the commission with a copy of the summons and 10 complaint. The commission, represented by the attorney general, may intervene in the 11 action. 12 * Sec. 20. AS 15.13.120(e) is repealed and reenacted to read: 13 (e) A member of the commission, the commission's executive director, or a 14 person who believes a violation of a provision of this chapter or a regulation adopted 15 under this chapter has occurred, may file an administrative complaint with the 16 commission. The commission shall expeditiously make an investigation of the 17 complaint. If a member of the commission has filed the complaint, the member may not 18 participate as a commissioner in any proceeding of the commission with respect to the 19 complaint. After affording a person notice and an opportunity for hearing, if the 20 commission finds that the person has engaged in or is about to engage in an act or 21 practice that constitutes or will constitute a violation of a provision of this chapter or a 22 regulation adopted under this chapter, the commission shall enter an order requiring the 23 violation to cease and to be remedied, and shall assess civil penalties under 24 AS 15.13.125. An action may not be commenced by the commission under this 25 subsection after four years have elapsed from the date of the alleged violation. The 26 commission's exercise of jurisdiction under this subsection is not exclusive. A person 27 who files a complaint under this subsection may withdraw it at any time and, unless 28 more than two years have elapsed since the date of the alleged violation, proceed under 29 (d) of this section. 30 * Sec. 21. AS 15.13.125 is amended to read: 31 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS.
01 A person who fails to file a properly completed and certified report within the time 02 required by AS 15.13.040(f), 15.13.110(a)(1), (3), or (4), or 15.13.110(f) is subject to a 03 civil penalty of not more than $50 [$10] a day for each day the delinquency continues 04 as determined by the commission subject to right of appeal to the superior court. A 05 person who fails to file a properly completed and certified report within the time required 06 by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 07 [$50] a day for each day the delinquency continues as determined by the commission 08 subject to right of appeal to the superior court. An affidavit stating facts in mitigation 09 may be submitted to the commission by a person against whom a civil penalty is 10 assessed. However, the imposition of the penalties prescribed in this section or in 11 AS 15.13.120 does not excuse that person from filing reports required by this chapter. 12 * Sec. 22. AS 15.13.125 is amended by adding new subsections to read: 13 (b) When an administrative complaint has been filed under AS 15.13.120(e), the 14 commission shall give the person against whom the complaint has been filed due notice 15 and an opportunity to be heard. If, at the conclusions of the hearing, the commission 16 determines that the person against whom the complaint was filed engaged in the alleged 17 violation, the commission shall assess 18 (1) civil penalties under (a) of this section; 19 (2) the commission's costs of investigation and adjudication; and 20 (3) reasonable attorney fees. 21 (c) The commission's determination under (b) of this section may be appealed 22 to the superior court under AS 44.62 (Administrative Procedure Act). 23 (d) When an action has been filed in the superior court under AS 15.13.120(d), 24 upon proof of the violation, the court 25 (1) shall enter a judgment in the amount of three times the amount of the 26 civil penalty authorized to be collected by (a) of this section; however, if the court finds 27 that, in committing the violation, the person against whom the action was brought did 28 not act knowingly and took action to correct the violation within five days after it 29 occurred, the court may enter a judgment in the amount of the civil penalty authorized 30 by (a) of this section; and 31 (2) shall award reasonable attorney fees and costs to the prevailing party.
01 (e) A person who filed a civil action under AS 15.13.120(d), upon proof of the 02 violation by the person against whom the action was filed, may execute on the judgment 03 and is entitled to half of any amount recovered as a civil penalty exclusive of any 04 attorney fees and costs awarded by the court. The remainder of any amount recovered 05 as a civil penalty shall be deposited in the state's general fund. 06 (f) If the commission or superior court finds that the violation was not a repeat 07 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 08 corrected, and had no adverse effect on the campaign of another, the commission or the 09 court may 10 (1) suspend imposition of the penalties; and 11 (2) order the penalties set aside if the person does not engage in a similar 12 violation for a period of one year. 13 * Sec. 23. AS 15.13 is amended by adding new sections to read: 14 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 15 CANDIDATES. (a) Only an individual or group may make an independent expenditure 16 supporting or opposing a candidate for election to public office. An independent 17 expenditure supporting or opposing a candidate for election to public office shall be 18 reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other 19 requirements of this chapter. 20 (b) An individual or group who makes independent expenditures for a mass 21 mailing, for distribution of campaign literature of any sort, for a television, radio, 22 newspaper or magazine advertisement, or any other communication that supports or 23 opposes a candidate for election to public office 24 (1) shall comply with AS 15.13.090; and 25 (2) shall place the following statement in the mailing, literature, 26 advertisement, or other communication so that it is readily and easily discernible: 27 This NOTICE TO VOTERS is required by Alaska law. (I/we) 28 certify that this (mailing/literature/advertisement) is not authorized, paid 29 for, or approved by the candidate. 30 Sec. 15.13.137. RESTRICTIONS ON CONTRIBUTIONS TO INDIVIDUALS 31 MAKING INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES.
01 An individual who makes an independent expenditure supporting or opposing a candidate 02 may not accept a contribution to help pay for the expenditure from another individual 03 or group that exceeds the amount an individual may contribute to a group under 04 AS 15.13.070(b)(2). 05 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 06 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a person, 07 or a publicly funded entity, from making independent expenditures in support of or in 08 opposition to a ballot proposition or question. 09 (b) An independent expenditure for or against a ballot proposition or question 10 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 11 15.13.110 and other requirements of this chapter; and 12 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 13 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 14 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 15 following may not use money held by the entity to influence the outcome of the election 16 of a candidate to a state, municipal, municipal runoff, or federal office: 17 (1) the state, its agencies, and its corporations; 18 (2) the University of Alaska and its Board of Regents; 19 (3) municipalities, school districts, and regional educational attendance 20 areas, or another political subdivision of the state; and 21 (4) an officer or employee of an entity identified in (1) - (3) of this 22 subsection. 23 (b) Money held by an entity identified in (a)(1) - (3) of this section may be used 24 to influence the outcome of an election concerning a ballot proposition or question, but 25 only if the funds have been specifically appropriated for that purpose by a state law or 26 a municipal ordinance. 27 (c) Money held by an entity identified in (a)(1) - (3) of this section may be used 28 (1) to disseminate information about the time and place of an election 29 and to hold an election; 30 (2) to provide the public with nonpartisan information about a ballot 31 proposition or question or about all the candidates seeking election to a particular public
01 office. 02 (d) When expenditure of money is authorized by (b) or (c) of this section and 03 is used to influence the outcome of an election, the expenditures shall be reported to the 04 commission in the same manner as an individual is required to report under 05 AS 15.13.040. 06 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT 07 PROHIBITED. This chapter does not prohibit a person from engaging in educational 08 election-related communications and activities, including 09 (1) the publication of the date and location of an election; 10 (2) the education of students about voting and elections; 11 (3) the sponsorship of open candidate debate forums; 12 (4) participation in get-out-the-vote or voter registration drives that do 13 not favor a particular candidate, political party, or political position; 14 (5) the dissemination of the views of all candidates running for a 15 particular office. 16 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND HONORARIA. 17 (a) A candidate for the state legislature, for governor, or for lieutenant governor, 18 including a person campaigning as a write-in candidate for the office, may not 19 (1) seek or accept compensation for personal services that involves 20 payments that are not commensurate with the services rendered taking into account the 21 higher rates generally charged by specialists in a profession; or 22 (2) accept a payment of anything of value, except for actual and 23 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 24 not apply to the salary paid to the candidate for making an appearance or speech as part 25 of the candidate's normal course of employment. 26 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 27 governor, or for lieutenant governor, including a person campaigning as a write-in 28 candidate for the office, may accept a payment for an appearance or speech if the 29 appearance or speech is not connected with the person's status as a state official or as a 30 candidate. 31 Sec. 15.13.400. DEFINITIONS. In this chapter,
01 (1) "candidate" 02 (A) means a person who files for election to the state legislature, 03 for governor, for lieutenant governor, for municipal office, for retention in 04 judicial office, or for constitutional convention delegate, or who campaigns as a 05 write-in candidate for any of these offices; 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 a 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 of 23 influencing a ballot proposition or question, including the payment by a person 24 other than a candidate or political party, or compensation for the personal 25 services of another person, that are rendered to the candidate or political party; 26 (B) does not include 27 (i) services provided without compensation by individuals 28 volunteering a portion or all of their time on behalf of a candidate or 29 ballot proposition or question, but it does include professional services 30 volunteered by individuals for which they ordinarily would be paid a fee 31 or wage;
01 (ii) services provided by an accountant or other person to 02 prepare reports and statements required by this chapter; or 03 (iii) ordinary hospitality in a home; 04 (4) "expenditure" 05 (A) means a purchase or a transfer of money or anything of 06 value, or promise or agreement to purchase or transfer money or anything of 07 value, incurred or made for the purpose of 08 (i) influencing the nomination or election of a candidate 09 or of any individual who files for nomination at a later date and becomes 10 a candidate; 11 (ii) use by a political party; 12 (iii) the payment by a person other than a candidate or 13 political party of compensation for the personal services of another person 14 that are rendered to a candidate or political party; or 15 (iv) influencing the outcome of a ballot proposition or 16 question; 17 (B) does not include a candidate's filing fee or the cost of 18 preparing reports and statements required by this chapter; 19 (5) "group" means 20 (A) every state and regional executive committee of a political 21 party; and 22 (B) any combination of two or more individuals acting jointly 23 who organize for the principal purpose to influence the outcome of one or more 24 elections and who take action the major purpose of which is to influence the 25 outcome of an election; a group that makes expenditures or receives contributions 26 with the authorization or consent, express or implied, or under the control, direct 27 or indirect, of a candidate shall be considered to be controlled by that candidate; 28 a group whose major purpose is to further the nomination, election, or candidacy 29 of only one person, or intends to expend more than 33 1/3 percent of its money 30 on a single candidate, shall be considered to be controlled by that candidate and 31 its actions done with the candidate's knowledge and consent unless, within 10
01 days from the date the candidate learns of the existence of the group the 02 candidate files with the commission, on a form provided by the commission, an 03 affidavit that the group is operating without the candidate's control; a group 04 organized for more than one year preceding an election and endorsing candidates 05 for more than one office or more than one political party is presumed not to be 06 controlled by a candidate; however, a group that contributes more than 33 1/3 07 percent of its money to or on behalf of one candidate shall be considered to 08 support only one candidate for purposes of AS 15.13.070, whether or not control 09 of the group has been disclaimed by the candidate; 10 (6) "immediate family" means the spouse, parents, children, including a 11 stepchild and an adoptive child, and siblings of an individual; 12 (7) "independent expenditure" means an expenditure that is made without 13 the direct or indirect consultation or cooperation with, or at the suggestion or the request 14 of, or with the prior consent of, a candidate, a candidate's campaign treasurer or deputy 15 campaign treasurer, or another person acting as a principal or agent of the candidate; 16 (8) "individual" means a natural person; 17 (9) "person" has the meaning given in AS 01.10.060, and includes a labor 18 union; 19 (10) "political party" means 20 (A) an organized group of voters that represents a political 21 program and that nominated a candidate for governor who received at least 22 three percent of the total votes cast at any one of the last five preceding general 23 elections for governor; and 24 (B) a subordinate unit of the organized group of voters 25 qualifying as a political party under (A) of this paragraph if, consistent with the 26 rules or bylaws of the political party, the unit conducts or supports campaign 27 operations in a municipality, neighborhood, election district, or precinct; 28 (11) "publicly funded entity" means a person, other than an individual, 29 that receives half or more of the money on which it operates during a calendar year from 30 government, including a public corporation. 31 * Sec. 24. AS 15.56 is amended by adding new sections to read:
01 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 02 A person commits the crime of campaign misconduct in the first degree if the person 03 intentionally violates a provision of AS 15.13 or a regulation adopted under authority of 04 AS 15.13. 05 (b) Violation of this section is a corrupt practice. 06 (c) Campaign misconduct in the first degree is a class A misdemeanor. 07 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. (a) 08 A person commits the crime of campaign misconduct in the second degree if the person 09 (1) knowingly circulates or has written, printed or circulated a letter, 10 circular, or publication relating to an election, to a candidate at an election, or an election 11 proposition or question without the name and address of the author appearing on its face; 12 (2) knowingly prints or publishes an advertisement, billboard, placard, 13 poster, handbill, paid-for television or radio announcement or other communication 14 intended to influence the election of a candidate or outcome of a ballot proposition or 15 question without the words "paid for by" followed by the name and address of the 16 candidate, group or individual paying for the advertising or communication and, if a 17 candidate or group, with the name of the campaign chair; 18 (3) knowingly writes or prints and circulates, or has written, printed and 19 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 20 radio or television 21 (A) containing false factual information relating to a candidate for 22 an election; 23 (B) that the person knows to be false; and 24 (C) that would provoke a reasonable person under the 25 circumstances to a breach of the peace or damages the candidate's reputation for 26 honesty, integrity, or the candidate's qualifications to serve if elected to office; 27 or 28 (4) knowingly violates a provision of AS 15.13 or a regulation adopted 29 under AS 15.13. 30 (b) Violation of this section is a corrupt practice. 31 (c) Campaign misconduct in the second degree is a class B misdemeanor.
01 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 02 A person commits the crime of campaign misconduct in the third degree 03 (1) if the person recklessly or with criminal negligence violates a 04 provision of AS 15.13 or a regulation adopted under AS 15.13; or 05 (2) if, during the hours the polls are open and after election judges have 06 posted warning notices as required by AS 15.15.170 or at the required distance in the 07 form and manner prescribed by the chief municipal elections official in a local election, 08 the person intentionally is within 200 feet of an entrance to a polling place, and 09 (A) violates AS 15.15.170; or 10 (B) circulates cards, handbills, or marked ballots, or posts 11 political signs or posters relating to a candidate at an election or election 12 proposition or question. 13 (b) Campaign misconduct in the third degree is a violation. 14 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 15 PROVISIONS. (a) For purposes of AS 15.56.012(a), 15.56.014(a)(4), and 16 15.56.016(a)(1), each day a violation continues constitutes a separate offense. 17 (b) When a person is convicted of violating AS 15.56.014(a), in addition to 18 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 19 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 20 license held by the defendant that allows the defendant to do business in the state. 21 Sec. 15.56.019. DEFINITIONS. In AS 15.56.012 - 15.56.018, the terms 22 "intentionally," "knowingly," "recklessly," and "with criminal negligence" have the 23 meanings given in AS 11.81.900(a). 24 * Sec. 25. AS 24.45.121(a) is amended to read: 25 (a) A lobbyist may not 26 (1) engage in any activity as a lobbyist before registering under 27 AS 24.45.041; 28 (2) do anything with the intent of placing a public official under personal 29 obligation to the lobbyist or to the lobbyist's employer; 30 (3) intentionally deceive or attempt to deceive any public official with 31 regard to any material fact pertinent to pending or proposed legislative or administrative
01 action; 02 (4) cause or influence the introduction of a legislative measure solely for 03 the purpose of thereafter being employed to secure its passage or its defeat; 04 (5) cause a communication to be sent to a public official in the name of 05 any fictitious person or in the name of any real person, except with the consent of that 06 person; 07 (6) accept or agree to accept any payment in any way contingent upon 08 the defeat, enactment, or outcome of any proposed legislative or administrative action; 09 (7) serve as a member of a state board, or commission, if the lobbyist's 10 employer may receive direct economic benefit from a decision of that board or 11 commission; 12 (8) serve as a campaign manager or director, serve as a campaign 13 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 14 fund-raising event, directly or indirectly collect contributions for, or deliver 15 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 16 activity of a legislative campaign or campaign for governor or lieutenant governor 17 if the lobbyist has registered, or is required to register as a lobbyist, under this 18 chapter, during the calendar year; this paragraph does not apply to a representational 19 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and does 20 not prohibit a lobbyist from making personal contributions to a candidate as authorized 21 by AS 15.13 or personally advocating on behalf of a candidate; 22 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a person 23 covered by AS 24.60, during a legislative session, a gift, other than food or beverage for 24 immediate consumption; 25 (10) make or offer a gift or a campaign contribution whose acceptance 26 by the person to whom it is offered would violate AS 24.60. 27 * Sec. 26. AS 24.60.031(b) is amended to read: 28 (b) In this section, "contribution" has the meaning given in AS 15.13.400 29 [AS 15.13.130]. 30 * Sec. 27. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 31 * Sec. 28. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be
01 construed to avoid a conflict with any federal law that, under the supremacy clause of art. VI 02 of the United States Constitution, prevails over the state provision. 03 * Sec. 29. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 04 If a court determines that, under the federal or state constitutions, persons who are not 05 individuals must be allowed to contribute to candidates or groups, then the requirements, 06 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 07 * Sec. 30. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 08 application thereof to any person or circumstance, is held invalid, the remainder of this Act and 09 the application to other persons or circumstances is not affected thereby. 10 * Sec. 31. TAKING EFFECT OF ACT MADE CONDITIONAL. Sections 1 - 30 of this Act 11 take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and AS 15.45.210, 12 the lieutenant governor determines that secs. 1 - 30 of this Act are substantially the same as the 13 law proposed to be enacted by the Initiative entitled "An Initiative relating to election campaign 14 financing and the Alaska Public Offices Commission; and providing for an effective date," 15 identified by the division of elections as Initiative Petition 95 CFPO, filed with the lieutenant 16 governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 17 * Sec. 32. If secs. 1 - 30 of this Act take effect, they take effect January 1, 1997.