SB 5: "An Act prohibiting groups controlled by a legislator from soliciting and accepting contributions or from making certain contributions and expenditures during a regular or special legislative session; and prohibiting some lobbyists from making campaign contributions to certain groups."
00 SENATE BILL NO. 5 01 "An Act prohibiting groups controlled by a legislator from soliciting and accepting 02 contributions or from making certain contributions and expenditures during a regular 03 or special legislative session; and prohibiting some lobbyists from making campaign 04 contributions to certain groups." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.072 is amended by adding a new subsection to read: 07 (i) A group controlled by a member of the legislature may not solicit or accept 08 a contribution, or make a contribution or expenditure, for the purpose of influencing 09 the outcome of an election under this chapter while the legislature is convened in a 10 regular or special legislative session. 11 * Sec. 2. AS 15.13.074(g) is repealed and reenacted to read: 12 (g) Except as provided in (j) of this section, an individual required to register 13 as a lobbyist under AS 24.45 may not, at any time the individual is subject to the 14 registration requirement under AS 24.45 and for one year after the date of the
01 individual's initial registration or its renewal, make a contribution to a candidate for 02 the legislature or to a group that 03 (1) is controlled by 04 (A) a member of the legislature; or 05 (B) an individual who files for election to the state legislature 06 or campaigns as a write-in candidate for the state legislature; and 07 (2) makes expenditures or receives contributions to influence the 08 outcome of an election under this chapter. 09 * Sec. 3. AS 15.13.074 is amended by adding new subsections to read: 10 (j) An individual required to register as a lobbyist under AS 24.45 may make a 11 contribution to a candidate for the legislature in the district in which the individual is 12 eligible to vote or will be eligible to vote on the date of the election. An individual 13 who makes a contribution under this subsection shall report to the commission, on a 14 form provided by the commission, each contribution made while required to register 15 as a lobbyist under AS 24.45 and for one year after the date of the individual's initial 16 registration or renewal. Upon request of the commission, the information required 17 under this subsection shall be submitted electronically. In this subsection, "candidate" 18 means an individual who files for election to the legislature or who campaigns as a 19 write-in candidate for the legislature. 20 (k) The restriction on contributions by an individual required to register as a 21 lobbyist under AS 24.45 in (g) of this section and the reporting requirement of (j) of 22 this section do not apply to a representational lobbyist as defined in regulations of the 23 commission. 24 * Sec. 4. AS 15.13.400 is amended to read: 25 Sec. 15.13.400. Definitions. In this chapter, unless the context otherwise 26 requires, 27 (1) "candidate" 28 (A) means an individual who files for election to the state 29 legislature, for governor, for lieutenant governor, for municipal office, for 30 retention in judicial office, or for constitutional convention delegate, or who 31 campaigns as a write-in candidate for any of these offices; and
01 (B) when used in a provision of this chapter that limits or 02 prohibits the donation, solicitation, or acceptance of campaign contributions, or 03 limits or prohibits an expenditure, includes 04 (i) a candidate's campaign treasurer and a deputy 05 campaign treasurer; 06 (ii) a member of the candidate's immediate family; 07 (iii) a person acting as agent for the candidate; 08 (iv) the candidate's campaign committee; and 09 (v) a group that makes expenditures or receives 10 contributions with the authorization or consent, express or implied, or 11 under the control, direct or indirect, of the candidate; 12 (2) "commission" means the Alaska Public Offices Commission; 13 (3) "communication" means an announcement or advertisement 14 disseminated through print or broadcast media, including radio, television, cable, and 15 satellite, the Internet, or through a mass mailing, excluding those placed by an 16 individual or nongroup entity and costing $500 or less and those that do not directly or 17 indirectly identify a candidate or proposition, as that term is defined in 18 AS 15.13.065(c); 19 (4) "contribution" 20 (A) means a purchase, payment, promise or obligation to pay, 21 loan or loan guarantee, deposit or gift of money, goods, or services for which 22 charge is ordinarily made, and includes the payment by a person other than a 23 candidate or political party, or compensation for the personal services of 24 another person, that is rendered to the candidate or political party, and that is 25 made for the purpose of 26 (i) influencing the nomination or election of a 27 candidate; 28 (ii) influencing a ballot proposition or question; or 29 (iii) supporting or opposing an initiative proposal 30 application filed with the lieutenant governor under AS 15.45.020; 31 (B) does not include
01 (i) services provided without compensation by 02 individuals volunteering a portion or all of their time on behalf of a 03 political party, candidate, or ballot proposition or question; 04 (ii) ordinary hospitality in a home; 05 (iii) two or fewer mass mailings before each election by 06 each political party describing the party's slate of candidates for 07 election, which may include photographs, biographies, and information 08 about the party's candidates; 09 (iv) the results of a poll limited to issues and not 10 mentioning any candidate, unless the poll was requested by or designed 11 primarily to benefit the candidate; 12 (v) any communication in the form of a newsletter from 13 a legislator to the legislator's constituents, except a communication 14 expressly advocating the election or defeat of a candidate or a 15 newsletter or material in a newsletter that is clearly only for the private 16 benefit of a legislator or a legislative employee; 17 (vi) a fundraising list provided without compensation 18 by one candidate or political party to a candidate or political party; or 19 (vii) an opportunity to participate in a candidate forum 20 provided to a candidate without compensation to the candidate by 21 another person and for which a candidate is not ordinarily charged; 22 (5) "electioneering communication" means a communication that 23 (A) directly or indirectly identifies a candidate; 24 (B) addresses an issue of national, state, or local political 25 importance and attributes a position on that issue to the candidate identified; 26 and 27 (C) occurs within the 30 days preceding a general or municipal 28 election; 29 (6) "expenditure" 30 (A) means a purchase or a transfer of money or anything of 31 value, or promise or agreement to purchase or transfer money or anything of
01 value, incurred or made for the purpose of 02 (i) influencing the nomination or election of a candidate 03 or of any individual who files for nomination at a later date and 04 becomes a candidate; 05 (ii) use by a political party; 06 (iii) the payment by a person other than a candidate or 07 political party of compensation for the personal services of another 08 person that are rendered to a candidate or political party; 09 (iv) influencing the outcome of a ballot proposition or 10 question; or 11 (v) supporting or opposing an initiative proposal 12 application filed with the lieutenant governor under AS 15.45.020; 13 (B) does not include a candidate's filing fee or the cost of 14 preparing reports and statements required by this chapter; 15 (C) includes an express communication and an electioneering 16 communication, but does not include an issues communication; 17 (7) "express communication" means a communication that, when read 18 as a whole and with limited reference to outside events, is susceptible of no other 19 reasonable interpretation but as an exhortation to vote for or against a specific 20 candidate; 21 (8) "group" means 22 (A) every state and regional executive committee of a political 23 party; 24 (B) any combination of two or more individuals acting jointly 25 who organize for the principal purpose of influencing the outcome of one or 26 more elections and who take action the major purpose of which is to influence 27 the outcome of an election; a group that makes expenditures or receives 28 contributions with the authorization or consent, express or implied, or under 29 the control, direct or indirect, of a candidate shall be considered to be 30 controlled by that candidate; a group whose major purpose is to further the 31 nomination, election, or candidacy of only one individual, or intends to expend
01 more than 50 percent of its money on a single candidate, shall be considered to 02 be controlled by that candidate and its actions done with the candidate's 03 knowledge and consent unless, within 10 days from the date the candidate 04 learns of the existence of the group the candidate files with the commission, on 05 a form provided by the commission, an affidavit that the group is operating 06 without the candidate's control; a group organized for more than one year 07 preceding an election and endorsing candidates for more than one office or 08 more than one political party is presumed not to be controlled by a candidate; 09 however, a group that contributes more than 50 percent of its money to or on 10 behalf of one candidate shall be considered to support only one candidate for 11 purposes of AS 15.13.070, whether or not control of the group has been 12 disclaimed by the candidate; and 13 (C) any combination of two or more individuals acting jointly 14 who organize for the principal purpose of filing an initiative proposal 15 application under AS 15.45.020 or who file an initiative proposal application 16 under AS 15.45.020; 17 (9) "immediate family" means the spouse, parent, child, including a 18 stepchild and an adopted child, and sibling of an individual; 19 (10) "independent expenditure" means an expenditure that is made 20 without the direct or indirect consultation or cooperation with, or at the suggestion or 21 the request of, or with the prior consent of, a candidate, a candidate's campaign 22 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 23 of the candidate; 24 (11) "individual" means a natural person; 25 (12) "issues communication" means a communication that 26 (A) directly or indirectly identifies a candidate; and 27 (B) addresses an issue of national, state, or local political 28 importance and does not support or oppose a candidate for election to public 29 office; 30 (13) "nongroup entity" means a person, other than an individual, that 31 takes action the major purpose of which is to influence the outcome of an election, and
01 that 02 (A) cannot participate in business activities; 03 (B) does not have shareholders who have a claim on corporate 04 earnings; and 05 (C) is independent from the influence of business corporations. 06 (14) "person" has the meaning given in AS 01.10.060, and includes a 07 labor union, nongroup entity, and a group; 08 (15) "political party" means any group that is a political party under 09 AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or 10 bylaws of the political party, the unit conducts or supports campaign operations in a 11 municipality, neighborhood, house district, or precinct; 12 (16) "publicly funded entity" means a person, other than an individual, 13 that receives half or more of the money on which it operates during a calendar year 14 from government, including a public corporation.