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SB 363: "An Act relating to electioneering communications and communications intended to influence the outcome of an election and to campaign misconduct in the second degree; and providing for an effective date."

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                                        
02            parties;                                                                                                     
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).