CSSB 5(JUD): "An Act prohibiting certain groups 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 CS FOR SENATE BILL NO. 5(JUD) 01 "An Act prohibiting certain groups from soliciting and accepting contributions or from 02 making certain contributions and expenditures during a regular or special legislative 03 session; and prohibiting some lobbyists from making campaign contributions to certain 04 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 that makes expenditures or receives contributions with the 08 authorization or consent, express or implied, or under the control, direct or indirect, of 09 a person who is a legislator may not solicit or accept a contribution for the purpose of 10 influencing the outcome of an election under this chapter while the legislature is 11 convened in a regular or special legislative session. 12 * Sec. 2. AS 15.13.074(g) is repealed and reenacted to read: 13 (g) Except as provided in (j) of this section, an individual required to register 14 as a lobbyist under AS 24.45 may not, at any time the individual is subject to the
01 registration requirement under AS 24.45 and for one year after the date of the 02 individual's initial registration or its renewal, make a contribution to a candidate for 03 the legislature or to a group that makes expenditures or receives contributions 04 (1) with the authorization or consent, express or implied, or under the 05 control, direct or indirect, of 06 (A) a member of the legislature; or 07 (B) an individual who files for election to the state legislature 08 or campaigns as a write-in candidate for the state legislature; and 09 (2) to influence the outcome of an election under this chapter. 10 * Sec. 3. AS 15.13.074 is amended by adding new subsections to read: 11 (j) An individual required to register as a lobbyist under AS 24.45 may make a 12 contribution to a candidate for the legislature in the district in which the individual is 13 eligible to vote or will be eligible to vote on the date of the election. An individual 14 who makes a contribution under this subsection shall report to the commission, on a 15 form provided by the commission, each contribution made while required to register 16 as a lobbyist under AS 24.45 and for one year after the date of the individual's initial 17 registration or renewal. Upon request of the commission, the information required 18 under this subsection shall be submitted electronically. In this subsection, "candidate" 19 means an individual who files for election to the legislature or who campaigns as a 20 write-in candidate for the legislature. 21 (k) The restriction on contributions by an individual required to register as a 22 lobbyist under AS 24.45 in (g) of this section and the reporting requirement of (j) of 23 this section do not apply to a representational lobbyist as defined in regulations of the 24 commission. 25 * Sec. 4. AS 15.13.082 is amended by adding a new subsection to read: 26 (d) A group that makes expenditures or receives contributions with the 27 authorization or consent, express or implied, or under the control, direct or indirect, of 28 a person who is a legislator may not make a contribution or expenditure for the 29 purpose of influencing the outcome of an election under this chapter while the 30 legislature is convened in a regular or special session. 31 * Sec. 5. AS 15.13.400 is amended to read:
01 Sec. 15.13.400. Definitions. In this chapter, unless the context clearly 02 requires otherwise, 03 (1) "candidate" 04 (A) means an individual who files for election to the state 05 legislature, for governor, for lieutenant governor, for municipal office, for 06 retention in judicial office, or for constitutional convention delegate, or who 07 campaigns as a write-in candidate for any of these offices; and 08 (B) when used in a provision of this chapter that limits or 09 prohibits the donation, solicitation, or acceptance of campaign contributions, or 10 limits or prohibits an expenditure, includes 11 (i) a candidate's campaign treasurer and a deputy 12 campaign treasurer; 13 (ii) a member of the candidate's immediate family; 14 (iii) a person acting as agent for the candidate; 15 (iv) the candidate's campaign committee; and 16 (v) a group that makes expenditures or receives 17 contributions with the authorization or consent, express or implied, or 18 under the control, direct or indirect, of the candidate; 19 (2) "commission" means the Alaska Public Offices Commission; 20 (3) "communication" means an announcement or advertisement 21 disseminated through print or broadcast media, including radio, television, cable, and 22 satellite, the Internet, or through a mass mailing, excluding those placed by an 23 individual or nongroup entity and costing $500 or less and those that do not directly or 24 indirectly identify a candidate or proposition, as that term is defined in 25 AS 15.13.065(c); 26 (4) "contribution" 27 (A) means a purchase, payment, promise or obligation to pay, 28 loan or loan guarantee, deposit or gift of money, goods, or services for which 29 charge is ordinarily made, and includes the payment by a person other than a 30 candidate or political party, or compensation for the personal services of 31 another person, that is rendered to the candidate or political party, and that is
01 made for the purpose of 02 (i) influencing the nomination or election of a 03 candidate; 04 (ii) influencing a ballot proposition or question; or 05 (iii) supporting or opposing an initiative proposal 06 application filed with the lieutenant governor under AS 15.45.020; 07 (B) does not include 08 (i) services provided without compensation by 09 individuals volunteering a portion or all of their time on behalf of a 10 political party, candidate, or ballot proposition or question; 11 (ii) ordinary hospitality in a home; 12 (iii) two or fewer mass mailings before each election by 13 each political party describing the party's slate of candidates for 14 election, which may include photographs, biographies, and information 15 about the party's candidates; 16 (iv) the results of a poll limited to issues and not 17 mentioning any candidate, unless the poll was requested by or designed 18 primarily to benefit the candidate; 19 (v) any communication in the form of a newsletter from 20 a legislator to the legislator's constituents, except a communication 21 expressly advocating the election or defeat of a candidate or a 22 newsletter or material in a newsletter that is clearly only for the private 23 benefit of a legislator or a legislative employee; 24 (vi) a fundraising list provided without compensation 25 by one candidate or political party to a candidate or political party; or 26 (vii) an opportunity to participate in a candidate forum 27 provided to a candidate without compensation to the candidate by 28 another person and for which a candidate is not ordinarily charged; 29 (5) "electioneering communication" means a communication that 30 (A) directly or indirectly identifies a candidate; 31 (B) addresses an issue of national, state, or local political
01 importance and attributes a position on that issue to the candidate identified; 02 and 03 (C) occurs within the 30 days preceding a general or municipal 04 election; 05 (6) "expenditure" 06 (A) means a purchase or a transfer of money or anything of 07 value, or promise or agreement to purchase or transfer money or anything of 08 value, incurred or made for the purpose of 09 (i) influencing the nomination or election of a candidate 10 or of any individual who files for nomination at a later date and 11 becomes a candidate; 12 (ii) use by a political party; 13 (iii) the payment by a person other than a candidate or 14 political party of compensation for the personal services of another 15 person that are rendered to a candidate or political party; 16 (iv) influencing the outcome of a ballot proposition or 17 question; or 18 (v) supporting or opposing an initiative proposal 19 application filed with the lieutenant governor under AS 15.45.020; 20 (B) does not include a candidate's filing fee or the cost of 21 preparing reports and statements required by this chapter; 22 (C) includes an express communication and an electioneering 23 communication, but does not include an issues communication; 24 (7) "express communication" means a communication that, when read 25 as a whole and with limited reference to outside events, is susceptible of no other 26 reasonable interpretation but as an exhortation to vote for or against a specific 27 candidate; 28 (8) "group" means 29 (A) every state and regional executive committee of a political 30 party; 31 (B) any combination of two or more individuals acting jointly
01 who organize for the principal purpose of influencing the outcome of one or 02 more elections and who take action the major purpose of which is to influence 03 the outcome of an election; a group that makes expenditures or receives 04 contributions with the authorization or consent, express or implied, or under 05 the control, direct or indirect, of a candidate shall be considered to be 06 controlled by that candidate; a group whose major purpose is to further the 07 nomination, election, or candidacy of only one individual, or intends to expend 08 more than 50 percent of its money on a single candidate, shall be considered to 09 be controlled by that candidate and its actions done with the candidate's 10 knowledge and consent unless, within 10 days from the date the candidate 11 learns of the existence of the group the candidate files with the commission, on 12 a form provided by the commission, an affidavit that the group is operating 13 without the candidate's control; a group organized for more than one year 14 preceding an election and endorsing candidates for more than one office or 15 more than one political party is presumed not to be controlled by a candidate; 16 however, a group that contributes more than 50 percent of its money to or on 17 behalf of one candidate shall be considered to support only one candidate for 18 purposes of AS 15.13.070, whether or not control of the group has been 19 disclaimed by the candidate; and 20 (C) any combination of two or more individuals acting jointly 21 who organize for the principal purpose of filing an initiative proposal 22 application under AS 15.45.020 or who file an initiative proposal application 23 under AS 15.45.020; 24 (9) "immediate family" means the spouse, parent, child, including a 25 stepchild and an adopted child, and sibling of an individual; 26 (10) "independent expenditure" means an expenditure that is made 27 without the direct or indirect consultation or cooperation with, or at the suggestion or 28 the request of, or with the prior consent of, a candidate, a candidate's campaign 29 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 30 of the candidate; 31 (11) "individual" means a natural person;
01 (12) "issues communication" means a communication that 02 (A) directly or indirectly identifies a candidate; and 03 (B) addresses an issue of national, state, or local political 04 importance and does not support or oppose a candidate for election to public 05 office; 06 (13) "nongroup entity" means a person, other than an individual, that 07 takes action the major purpose of which is to influence the outcome of an election, and 08 that 09 (A) cannot participate in business activities; 10 (B) does not have shareholders who have a claim on corporate 11 earnings; and 12 (C) is independent from the influence of business corporations. 13 (14) "person" has the meaning given in AS 01.10.060, and includes a 14 labor union, nongroup entity, and a group; 15 (15) "political party" means any group that is a political party under 16 AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or 17 bylaws of the political party, the unit conducts or supports campaign operations in a 18 municipality, neighborhood, house district, or precinct; 19 (16) "publicly funded entity" means a person, other than an individual, 20 that receives half or more of the money on which it operates during a calendar year 21 from government, including a public corporation.