HB 236: "An Act relating to filling a vacancy in the state legislature by a special election and to restrictions on legislative fundraising associated with that special election."
00 HOUSE BILL NO. 236 01 "An Act relating to filling a vacancy in the state legislature by a special election and to 02 restrictions on legislative fundraising associated with that special election." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.072(d) is amended to read: 05 (d) Except as provided under (i) of the section, while [WHILE] the 06 legislature is convened in a regular or special legislative session, a legislator or 07 legislative employee may not solicit or accept a contribution to be used for the purpose 08 of influencing the outcome of an election under this chapter unless 09 (1) it is an election in which the legislator or legislative employee is a 10 candidate and the contribution is for that legislator's or legislative employee's 11 campaign; 12 (2) the solicitation or acceptance occurs during the 90 days 13 immediately preceding that election; and 14 (3) the solicitation or acceptance occurs in a place other than the
01 capital city or a municipality in which the legislature is convened in special session if 02 the legislature is convened in a municipality other than the capital city. 03 * Sec. 2. AS 15.13.072 is amended by adding a new subsection to read: 04 (i) Notwithstanding (d) of this section, when a vacancy occurs in the state 05 legislature, a legislator may, on or after the date of the proclamation of the special 06 election to fill that office under AS 15.40.321, 07 (1) solicit or accept a contribution or a promise or pledge to make a 08 contribution for the legislator's own campaign for the legislative office to be filled 09 under AS 15.40.321 on a day when either house of the legislature is in regular or 10 special session; 11 (2) accept money from an event held on a day when either house of the 12 legislature is in regular or special session if a substantial purpose of the event is to 13 raise money on behalf of the legislator's own campaign for the legislative office to be 14 filled under AS 15.40.321; or 15 (3) in a campaign for that legislative office to be filled under 16 AS 15.40.321, expend money that was raised on a day when either house of the 17 legislature was in a legislative session by or on behalf of the legislator under a 18 declaration of candidacy or a general letter of intent to become a candidate for the 19 office. 20 * Sec. 3. AS 15.40 is amended by adding a new section to read: 21 Sec. 15.40.321. Condition and time of calling special election. When a 22 vacancy occurs in the state legislature, the governor shall, by proclamation, call a 23 special election to be held on a date not fewer than 60 days and not more than 90 days 24 after the date the vacancy occurs. However, if the vacancy occurs on a date that is 25 fewer than 60 days before, or is on or after the date of, the primary election in a 26 general election year in which a candidate to fill the office is regularly elected, the 27 governor may not call a special election. 28 * Sec. 4. AS 15.40.410 is amended to read: 29 Sec. 15.40.410. Term of elected senator or representative. At the special 30 election a state senator or state representative shall be elected to fill the remainder of 31 the unexpired term and shall take office on the date the state senate or state house
01 first convenes or reconvenes following the certification of the results of the special 02 election by the director. 03 * Sec. 5. AS 15.40.420 is amended to read: 04 Sec. 15.40.420. Selection of nominees in manner provided for general 05 election. If the vacancy in the office of state senator or state representative occurs 60 06 days [ONE CALENDAR MONTH] or more before the filing date for the primary 07 election, candidates for the special election shall be nominated in the manner provided 08 for the nomination of candidates for general elections. 09 * Sec. 6. AS 15.40.430 is amended to read: 10 Sec. 15.40.430. Designation of nominees by petition. If the vacancy occurs 11 fewer [LESS] than 60 days [ONE CALENDAR MONTH] before the filing date and 12 more than three calendar months before the next general election, candidates shall be 13 nominated by petition transmitted by (1) the actual physical delivery of the petition in 14 person; (2) by mail postmarked not later than midnight of the filing date; or (3) by 15 telegram of a copy in substance of the statements made in the petition to the director 16 before the 21st day after the vacancy occurs [SEPTEMBER 2 JUST BEFORE THE 17 SPECIAL ELECTION]. 18 * Sec. 7. AS 15.40.450 is amended to read: 19 Sec. 15.40.450. Requirements of petition by political party. Petitions for the 20 nomination of candidates of political parties shall state in substance that the party 21 desires and intends to support the named candidate for the office of state senator or 22 state representative, as appropriate, at the special election and requests that the 23 name of the candidate be placed on the ballot. 24 * Sec. 8. AS 15.40.470 is amended to read: 25 Sec. 15.40.470. General provision for conduct of special election. Unless 26 specifically provided otherwise, all provisions regarding the conduct of the general 27 election shall govern the conduct of the special election of state senators or state 28 representatives, including provisions concerning voter qualifications; provisions 29 regarding the duties, powers, rights, and obligations of the director, of other election 30 officials, and of municipalities; provision for notification of the election; provision for 31 payment of election expenses; provisions regarding employees being allowed time
01 from work to vote; provisions for the counting, reviewing, and certification of returns; 02 provisions for the determination of the votes and of recounts, contests, and appeal; and 03 provision for absentee voting. 04 * Sec. 9. AS 24.60.031(b) is amended to read: 05 (b) Except as provided under (d) of this section, a [A] legislator may not 06 (1) on a day when either house of the legislature is in regular or special 07 session, solicit or accept a contribution or a promise or pledge to make a contribution 08 (A) for the legislator's own campaign for state or municipal 09 public office, unless the solicitation, acceptance, promise, or pledge occurs in a 10 place other than the capital city or a municipality in which the legislature is 11 convened in special session if the legislature is convened in a municipality 12 other than the capital city during the 90 days immediately preceding the 13 election in which the legislator is a candidate; 14 (B) for another candidate in an election for municipal, state, or 15 federal office; 16 (C) to influence a state ballot proposition or question; or 17 (D) for a political party; 18 (2) accept money from an event held on a day when either house of the 19 legislature is in regular or special session if a substantial purpose of the event is to 20 raise money on behalf of the legislator's campaign for state or municipal public office; 21 however, this paragraph does not prohibit a legislator from accepting money from an 22 event held in a place other than the capital city or a municipality in which the 23 legislature is convened in special session if the legislature is convened in a 24 municipality other than the capital city during the 90 days immediately preceding a 25 state or municipal election in which the legislator is a candidate; or 26 (3) in a campaign for state or municipal office, expend money that was 27 raised on a day when either house of the legislature was in a legislative session by or 28 on behalf of a legislator under a declaration of candidacy or a general letter of intent to 29 become a candidate for public office; however, this paragraph does not apply to 30 money raised in a place other than the capital city or a municipality in which the 31 legislature is convened in special session if the legislature is convened in a
01 municipality other than the capital city during the 90 days immediately preceding an 02 election in which the legislator is a candidate. 03 * Sec. 10. AS 24.60.031 is amended by adding a new subsection to read: 04 (d) Notwithstanding (b) of this section, when a vacancy occurs in the state 05 legislature, a legislator may, on or after the date of the proclamation of the special 06 election to fill that office under AS 15.40.321, 07 (1) solicit or accept a contribution or a promise or pledge to make a 08 contribution for the legislator's own campaign for the legislative office to be filled 09 under AS 15.40.321 on a day when either house of the legislature is in regular or 10 special session; 11 (2) accept money from an event held on a day when either house of the 12 legislature is in regular or special session if a substantial purpose of the event is to 13 raise money on behalf of the legislator's own campaign for the legislative office to be 14 filled under AS 15.40.321; or 15 (3) in a campaign for that legislative office to be filled under 16 AS 15.40.321, expend money that was raised on a day when either house of the 17 legislature was in a legislative session by or on behalf of the legislator under a 18 declaration of candidacy or a general letter of intent to become a candidate for the 19 office. 20 * Sec. 11. AS 24.60.210(a) is amended to read: 21 (a) A person required to file a disclosure statement under AS 24.60.200 shall 22 file an annual report with the Alaska Public Offices Commission, covering the 23 previous calendar year, containing the disclosures required by AS 24.60.200, on or 24 before March 15 of each year, except that a person elected [APPOINTED] as a 25 legislator under AS 15.40 or appointed as [,] a public member of the committee [,] or 26 as a legislative director must file within 30 days after the person's election or 27 appointment. In addition, a person subject to this subsection shall, within 90 days after 28 leaving service as a legislator, legislative director, or public member of the committee, 29 file a final report containing the disclosures required of the person by AS 24.60.200 30 for the period that begins on the last day of the last period for which the person filed a 31 report required by that section and ends on the date of the person's last day of service.
01 * Sec. 12. AS 15.40.320, 15.40.330, 15.40.340, 15.40.350, 15.40.360, 15.40.370, 15.40.380, 02 and 15.40.390 are repealed.