Legislature(2021 - 2022)
2021-02-18 House JournalFull Journal pdf
2021-02-18 House Journal Page 0153 HB 95 HOUSE BILL NO. 95 by the House Rules Committee by request of the Governor, entitled: "An Act relating to elections and election investigations." was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Law The Governor's transmittal letter dated February 11 follows: "Dear Speaker Stutes: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill authorizing the Attorney General to investigate potential violations of election laws or regulations. This legislation would permit the Attorney General to investigate alleged election violations identified by the director of the Division of Elections, a member of the public, or by the Attorney General. A member of the public may submit a complaint alleging a violation to the Division of Elections within 30 days of the election or the violation, whichever is later. If the complaint alleges a violation of AS 15.13, the Division will forward the complaint to the Alaska Public Offices Commission for further review. For other election related allegations, the Division of Elections does a preliminary review for completeness, requests missing information as necessary, and may also dismiss complaints that are determined to be frivolous. Otherwise, complaints are forwarded to the Attorney General for action. In investigating an allegation, the Attorney General has the authority to compel witness testimony, issue subpoenas, and to produce documents or other evidence. The Attorney General also has the authority to hold hearings, administer oaths, make interrogatories, require written affidavits, and examine documentary evidence. Upon concluding an investigation, the Attorney General will share the 2021-02-18 House Journal Page 0154 results with the Division of Elections. If the Attorney General determines a violation of an election law or regulation has occurred, the Attorney General may bring a civil action to compel compliance with the law. The information collected over the course of the investigation will remain confidential unless it is used as the basis for a decision by the Division of Elections or is used in the civil action. If the Attorney General brings a civil action in court, the Attorney General may petition for, and the court may award the state, a civil penalty of up to $25,000 per violation. The court may also award the state reasonable attorney’s fees and investigation costs. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor"