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HB 299: "An Act relating to campaign contributions made to candidates in state elections; and providing for an effective date."

00 HOUSE BILL NO. 299 01 "An Act relating to campaign contributions made to candidates in state elections; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.050(b) is amended to read: 05 (b) If a group that is not a political party intends to support only one 06 candidate or to [CONTRIBUTE TO OR] expend on behalf of one candidate 33 1/3 07 percent or more of its funds, the name of the candidate shall be a part of the name of 08 the group. If the group intends to oppose only one candidate or to contribute its funds 09 in opposition to or make expenditures in opposition to a candidate, the group's name 10 must clearly state that it opposes that candidate by using a word such as "opposes," 11 "opposing," "in opposition to," or "against" in the group's name. Promptly upon 12 receiving the registration, the commission shall notify the candidate of the group's 13 organization and intent. A candidate may register more than one group to support the 14 candidate; however, multiple groups controlled by a single candidate shall be treated

01 as a single group for purposes of the contribution limit in AS 15.13.070(b)(1). 02 * Sec. 2. AS 15.13.065(a) is amended to read: 03 (a) Individuals [, GROUPS, NONGROUP ENTITIES,] and political parties 04 may make contributions to a candidate. An individual, group, or nongroup entity may 05 make a contribution to a group, to a nongroup entity, or to a political party. However, 06 an individual may make a contribution to a candidate only if, at the time the 07 contribution is made, the individual is qualified to register to vote in the house 08 district, senate district, judicial district, municipality, or other area in which the 09 candidate is running for office or seeking retention. 10 * Sec. 3. AS 15.13.070(c) is amended to read: 11 (c) A group that is not a political party may contribute not more than $1,000 a 12 [PER] year 13 [(1) TO A CANDIDATE, OR TO AN INDIVIDUAL WHO 14 CONDUCTS A WRITE-IN CAMPAIGN AS A CANDIDATE; 15 (2)] to another group, to a nongroup entity, or to a political party. 16 * Sec. 4. AS 15.13.070(f) is amended to read: 17 (f) A nongroup entity may contribute not more than $1,000 a year to another 18 nongroup entity for the purpose of influencing the nomination or election of a 19 candidate, [TO A CANDIDATE, TO AN INDIVIDUAL WHO CONDUCTS A 20 WRITE-IN CAMPAIGN AS A CANDIDATE,] to a group, or to a political party. 21 * Sec. 5. AS 15.13.072(a) is amended to read: 22 (a) A candidate or an individual who has filed with the commission the 23 document necessary to permit that individual to incur election-related expenses under 24 AS 15.13.100 may not solicit or accept a contribution from 25 (1) a person not authorized by law to make a contribution; 26 (2) [AN INDIVIDUAL WHO IS NOT A RESIDENT OF THE 27 STATE AT THE TIME THE CONTRIBUTION IS MADE, EXCEPT AS 28 PROVIDED IN (e) OF THIS SECTION; 29 (3)] a group organized under the laws of another state, resident in 30 another state, or whose participants are not residents of this state at the time the 31 contribution is made; or

01 (3) [(4)] a person registered as a lobbyist if the contribution violates 02 AS 15.13.074(g) or AS 24.45.121(a)(8). 03 * Sec. 6. AS 15.13.074(h) is amended to read: 04 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 05 governor and a group that is not a political party and that, under the definition of the 06 term "group," is presumed to be controlled by a candidate for governor or lieutenant 07 governor, may not make a contribution to a candidate for another office, to a person 08 who conducts a write-in campaign as a candidate for other office, or to another group 09 of amounts received by that candidate or controlled group as contributions between 10 January 1 and the date of the general election of the year of a general election for an 11 election for governor and lieutenant governor. This subsection does not prohibit 12 [(1) THE GROUP DESCRIBED IN THIS SUBSECTION FROM 13 MAKING CONTRIBUTIONS TO THE CANDIDATES FOR GOVERNOR AND 14 LIEUTENANT GOVERNOR WHOM THE GROUP SUPPORTS; OR 15 (2)] the governor or lieutenant governor, or the group described in this 16 subsection, from making contributions under AS 15.13.116(a)(2)(A). 17 * Sec. 7. AS 15.13.400(8) is amended to read: 18 (8) "group" means 19 (A) every state and regional executive committee of a political 20 party; and 21 (B) any combination of two or more individuals acting jointly 22 who organize for the principal purpose of influencing the outcome of one or 23 more elections and who take action the major purpose of which is to influence 24 the outcome of an election; a group that makes expenditures or receives 25 contributions with the authorization or consent, express or implied, or under 26 the control, direct or indirect, of a candidate shall be considered to be 27 controlled by that candidate; a group whose major purpose is to further the 28 nomination, election, or candidacy of only one individual, or intends to expend 29 more than 50 percent of its money on a single candidate, shall be considered to 30 be controlled by that candidate and its actions done with the candidate's 31 knowledge and consent unless, within 10 days from the date the candidate

01 learns of the existence of the group, the candidate files with the commission, 02 on a form provided by the commission, an affidavit that the group is operating 03 without the candidate's control; a group organized for more than one year 04 preceding an election and endorsing candidates for more than one office or 05 more than one political party is presumed not to be controlled by a candidate; 06 however, a group that expends [CONTRIBUTES] more than 50 percent of its 07 money [TO OR] on behalf of one candidate shall be considered to support only 08 one candidate [FOR PURPOSES OF AS 15.13.070], whether or not control of 09 the group has been disclaimed by the candidate; 10 * Sec. 8. AS 15.13.072(e) is repealed. 11 * Sec. 9. This Act takes effect January 1, 2009.