00 SENATE BILL NO. 363
01 "An Act relating to electioneering communications and communications intended to
02 influence the outcome of an election and to campaign misconduct in the second degree;
03 and providing for an effective date."
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
05 * Section 1. AS 15.13.090(a) is amended to read:
06 (a) All advertisements, billboards, handbills, paid-for television and radio
07 announcements, and other communications intended to influence the election of a
08 candidate or outcome of a ballot proposition or question, including electioneering
09 communications, shall be clearly identified by the words "paid for by" followed by
10 the name and address of the candidate, group, or individual paying for the advertising
11 and the total production costs of the advertising. In addition, candidates and
12 groups must identify the name of their campaign chairperson.
13 * Sec. 2. AS 15.13.090 is amended by adding a new subsection to read:
14 (c) A party, group, or nongroup entity making a communication described in
01 (a) of this section shall report to the commission the source of funds used to pay for
02 the communication. If the communication is made within nine days of an election, the
03 source of funds used to pay for the communication shall be reported to the
04 commission within 24 hours of the communication.
05 * Sec. 3. AS 15.56.014(a) is amended to read:.
06 (a) A person commits the crime of campaign misconduct in the second degree
07 if the person
08 (1) knowingly circulates or has written, printed or circulated a letter,
09 circular, or publication relating to an election, to a candidate at an election, or an
10 election proposition or question without the name and address of the author appearing
11 on its face;
12 (2) except as provided by AS 15.13.090(b), knowingly prints or
13 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or
14 radio announcement, electioneering communication, or other communication
15 intended to influence the election of a candidate or outcome of a ballot proposition or
16 question without the words "paid for by" followed by the name and address of the
17 candidate, group, or individual paying for the advertising or communication and, if a
18 candidate or group, with the name of the campaign chair;
19 (3) knowingly writes or prints and circulates, or has written, printed,
20 and circulated, a letter, circular, bill, placard, poster, or advertisement in a newspaper,
21 on radio or television, or makes an electioneering communication
22 (A) containing false factual information relating to a candidate
23 for an election;
24 (B) that the person knows to be false; and
25 (C) that would provoke a reasonable person under the
26 circumstances to a breach of the peace or that a reasonable person would
27 construe as damaging to the candidate's reputation for honesty or [,] integrity,
28 or to the candidate's qualifications to serve if elected to office.
29 * Sec. 4. AS 15.60.010 is amended by adding a new paragraph to read:
30 (38) "electioneering communication" means a communication that is
31 intended to influence the election of a candidate and that
01 (A) clearly identifies one or more candidates or political
03 (B) is made within the 60 days preceding a general election or
04 the 30 days preceding a primary election;
05 (C) is made by way of direct mail, newspaper, Internet,
06 broadcast, cable, or satellite media to an audience that includes voters who will
07 have the opportunity to vote on a candidate clearly identified in the
08 communication, or on a candidate of a party clearly identified in the
09 communication; and
10 (D) must, when read as a whole, and with limited reference to
11 external events, be susceptible of no other reasonable interpretation but as an
12 exhortation to vote for or against a specific candidate.
13 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).