SB 198: "An Act extending the statute of limitations for the filing of complaints with the Alaska Public Offices Commission involving state election campaigns, reducing the period in which an elected candidate may continue to accept contributions; limiting the quantity of unused campaign contributions a candidate may transfer to a political party; increasing the penalty for a lobbyist or employer of a lobbyist who fails to properly register or file a report; and extending the statute of limitations for prosecutions of violations of the Alaska Election Code."
00 SENATE BILL NO. 198 01 "An Act extending the statute of limitations for the filing of complaints with the Alaska 02 Public Offices Commission involving state election campaigns, reducing the period in 03 which an elected candidate may continue to accept contributions; limiting the quantity 04 of unused campaign contributions a candidate may transfer to a political party; 05 increasing the penalty for a lobbyist or employer of a lobbyist who fails to properly 06 register or file a report; and extending the statute of limitations for prosecutions of 07 violations of the Alaska Election Code." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 15.13.074(c) is amended to read: 10 (c) A person or group may not make a contribution 11 (1) to a candidate or an individual who files with the commission the 12 document necessary to permit that individual to incur certain election-related expenses 13 as authorized by AS 15.13.100 when the office is to be filled at a general election
01 before the date that is 18 months before the general election; 02 (2) to a candidate or an individual who files with the commission the 03 document necessary to permit that individual to incur certain election-related expenses 04 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 05 municipal election before the date that is 18 months before the date of the regular 06 municipal election or that is before the date of the proclamation of the special election 07 at which the candidate or individual seeks election to public office; or 08 (3) to any candidate later than the 10th [45TH] day 09 (A) after the date of the primary election if the candidate was 10 not nominated at the primary election; or 11 (B) after the date of the general election, or after the date of a 12 municipal or municipal runoff election. 13 * Sec. 2. AS 15.13.074(h) is amended to read: 14 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 15 governor and a group that is not a political party and that, under the definition of the 16 term "group," is presumed to be controlled by a candidate for governor or lieutenant 17 governor, may not make a contribution to a candidate for another office, to a person 18 who conducts a write-in campaign as a candidate for other office, or to another group 19 of amounts received by that candidate or controlled group as contributions between 20 January 1 and the date of the general election of the year of a general election for an 21 election for governor and lieutenant governor. This subsection does not prohibit 22 (1) the group described in this subsection from making contributions to 23 the candidates for governor and lieutenant governor whom the group supports; or 24 (2) the governor or lieutenant governor, or the group described in this 25 subsection, from making contributions under AS 15.13.116(a)(10) 26 [AS 15.13.116(a)(2)(A)]. 27 * Sec. 3. AS 15.13.116(a) is amended to read: 28 (a) A candidate who, after the date of the general, special, municipal, or 29 municipal runoff election or after the date the candidate withdraws as a candidate, 30 whichever comes first, holds unused campaign contributions shall distribute the 31 amount held on February 1 for a general election or within 90 days after a special
01 election. The distribution may only be made to 02 (1) pay bills incurred for expenditures reasonably related to the 03 campaign and the winding up of the affairs of the campaign, including a victory or 04 thank you party, thank you advertisements, and thank you gifts to campaign 05 employees and volunteers, and to pay expenditures associated with post-election fund 06 raising that may be needed to raise funds to pay off campaign debts; 07 (2) make donations, without condition, to 08 (A) [A POLITICAL PARTY; 09 (B)] the state's general fund; 10 (B) [(C)] a municipality of the state; or 11 (C) [(D)] the federal government; 12 (3) make donations, without condition, to organizations qualified as 13 charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled 14 by the candidate or a member of the candidate's immediate family; 15 (4) repay loans from the candidate to the candidate's own campaign 16 under AS 15.13.078(b); 17 (5) repay contributions to contributors, but only if repayment of the 18 contribution is made pro rata in approximate proportion to the contributions made 19 using one of the following, as the candidate determines: 20 (A) to all contributors; 21 (B) to contributors who have contributed most recently; or 22 (C) to contributors who have made larger contributions; 23 (6) establish a fund for, and from that fund to pay, attorney fees or 24 costs incurred in the prosecution or defense of an administrative or civil judicial action 25 that directly concerns a challenge to the victory or defeat of the candidate in the 26 election; 27 (7) transfer all or a portion of the unused campaign contributions to an 28 account for a future election campaign; a transfer under this paragraph is limited to 29 (A) $50,000, if the transfer is made by a candidate for governor 30 or lieutenant governor; 31 (B) $10,000, if the transfer is made by a candidate for the state
01 senate; 02 (C) $5,000, if the transfer is made by a candidate for the state 03 house of representatives; and 04 (D) $5,000, if the transfer is made by a candidate for an office 05 not described in (A) - (C) of this paragraph; 06 (8) transfer all or a portion of the unused campaign contributions to a 07 public office expense term account or to a public office expense term account reserve 08 in accordance with (d) of this section; a transfer under this paragraph is subject to the 09 following: 10 (A) the authority to transfer is limited to candidates who are 11 elected to the state legislature; 12 (B) the public office expense term account established under 13 this paragraph may be used only for expenses associated with the candidate's 14 serving as a member of the legislature; 15 (C) all amounts expended from the public office expense term 16 account shall be annually accounted for under AS 15.13.110(a)(4); and 17 (D) a transfer under this paragraph is limited to $5,000 18 multiplied by the number of years in the term to which the candidate is elected 19 plus any accumulated interest; [AND] 20 (9) transfer all or a portion of the unused campaign contributions to a 21 municipal office account; a transfer under this paragraph is subject to the following: 22 (A) the authority to transfer is limited to candidates who are 23 elected to municipal office, including a municipal school board; 24 (B) the municipal office account established under this 25 paragraph may be used only for expenses associated with the candidate's 26 serving as mayor or as a member of the assembly, city council, or school 27 board; 28 (C) all amounts expended from the municipal office account 29 shall be annually accounted for under AS 15.13.110(a)(4); and 30 (D) a transfer under this paragraph is limited to $5,000; and 31 (10) make donations to a political party; a transfer under this
01 paragraph is limited to $5,000. 02 * Sec. 4. AS 15.13.380(b) is amended to read: 03 (b) A member of the commission, the commission's executive director, or a 04 person who believes a violation of this chapter or a regulation adopted under this 05 chapter has occurred or is occurring may file an administrative complaint with the 06 commission within four years [ONE YEAR] after the date of the alleged violation. If 07 a member of the commission has filed the complaint, that member may not participate 08 as a commissioner in any proceeding of the commission with respect to the complaint. 09 The commission may consider a complaint on an expedited basis or a regular basis. 10 * Sec. 5. AS 24.45.141 is amended to read: 11 Sec. 24.45.141. Civil penalty: late registration, filing of required 12 statements or reports. A person who fails to register or to file a properly completed 13 and certified report or statement, as applicable, within the time required by this chapter 14 is subject to a civil penalty of not more than $50 [$10] a day for each day the 15 delinquency continues as determined by the commission subject to right of appeal to 16 the superior court. An affidavit stating facts in mitigation may be submitted to the 17 commission by a person against whom a civil penalty is assessed. However, the 18 imposition of the penalties prescribed in this section or in AS 24.45.151 does not 19 excuse the lobbyist or employer of a lobbyist from filing statements or reports required 20 by this chapter. 21 * Sec. 6. AS 15.56.130 is repealed. 22 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. (a) The amendment of AS 15.13.380(b) made by sec. 4 of this Act 25 applies to administrative complaints alleging violations of AS 15.13 or the regulations 26 adopted under that chapter that occurred 27 (1) within one year before the effective date of this Act; or 28 (2) on or after the effective date of this Act. 29 (b) The change in the time limitation for prosecutions for offenses described in 30 AS 15.05 - AS 15.60 (Alaska Election Code) made by sec. 6 of this Act applies to 31 (1) offenses committed in connection with an election occurring within one
01 year before the effective date of this Act; or 02 (2) offenses committed on or after the effective date of this Act.