00 CS FOR HOUSE BILL NO. 413(STA) 01 "An Act relating to disclosure of compensation paid to sponsors of initiative 02 petitions; relating to disclosure of contributions to and expenditures by groups 03 concerning initiative, referendum, and recall petitions; relating to the definition of 04 'group' in laws relating to state election campaigns; placing limitations on the 05 compensation that may be paid to sponsors of initiative petitions; and prohibiting 06 payments to persons who sign or refrain from signing initiative petitions." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. LEGISLATIVE INTENT; FINDINGS. It is the intent of the legislature to 09 promote interest in public participation on a broad basis in the initiative petition process. 10 Citizens with a personal interest in a specific issue should be encouraged to become involved 11 in the petition process. Toward that end and to ensure the initiative petition process is 12 promoted on behalf of persons with an active, personal interest in the issues for which they 13 solicit support, the legislature finds it is in the public interest to limit payment made to 14 persons gathering signatures and to require full public disclosure of such payment. 01 * Sec. 2. AS 15.13.110(e) is amended to read: 02 (e) A group formed to sponsor an initiative, a referendum , or a recall shall 03 report within 30 days after its first filing with the lieutenant governor. A group 04 formed to support or oppose the placement of an initiative or referendum 05 proposition or a recall question on the ballot that is not otherwise covered by this 06 subsection shall report within 30 days after a solicitation or acceptance of a 07 contribution or the making of an expenditure. Thereafter , a [EACH] group shall 08 report within 10 days after the end of each calendar quarter the information required 09 under AS 15.13.040 on the contributions received and expenditures made during the 10 preceding calendar quarter until reports are due under (a) of this section. 11 * Sec. 3. AS 15.13.400(5) is amended to read: 12 (5) "group" means 13 (A) every state and regional executive committee of a political 14 party; [AND] 15 (B) any combination of two or more individuals acting jointly 16 who organize for the principal purpose of influencing the outcome of one or 17 more elections , including an election on an initiative or referendum 18 proposition or a recall question, and who take action the major purpose of 19 which is to influence the outcome of an election; a group that makes 20 expenditures or receives contributions with the authorization or consent, express 21 or implied, or under the control, direct or indirect, of a candidate shall be 22 considered to be controlled by that candidate; a group whose major purpose is 23 to further the nomination, election, or candidacy of only one individual, or 24 intends to expend more than 50 percent of its money on a single candidate, 25 shall be considered to be controlled by that candidate and its actions done with 26 the candidate's knowledge and consent unless, within 10 days from the date the 27 candidate learns of the existence of the group , the candidate files with the 28 commission, on a form provided by the commission, an affidavit that the group 29 is operating without the candidate's control; a group organized for more than 30 one year preceding an election and endorsing candidates for more than one 31 office or more than one political party is presumed not to be controlled by a 01 candidate; however, a group that contributes more than 50 percent of its money 02 to or on behalf of one candidate shall be considered to support only one 03 candidate for purposes of AS 15.13.070 [,] whether or not control of the group 04 has been disclaimed by the candidate; and 05 (C) any combination of two or more individuals acting 06 jointly to sponsor an initiative, referendum, or recall or to support or 07 oppose the placement of an initiative or referendum proposition or a 08 recall question on an election ballot; 09 * Sec. 4. AS 15.45.090 is amended to read: 10 Sec. 15.45.090. Preparation of petition. If the application is certified, the 11 lieutenant governor shall prescribe the form of and prepare petitions containing (1) a 12 copy of the proposed bill [,] if the number of words included in both the formal and 13 substantive provisions of the bill is 500 or less, (2) an impartial summary of the 14 subject matter of the bill, (3) the warning and disclosure prescribed in AS 15.45.100, 15 (4) sufficient space for signature and address, and (5) other specifications prescribed 16 by the lieutenant governor to assure proper handling and control. Petitions, for 17 purposes of circulation, shall be prepared by the lieutenant governor in a number 18 reasonably calculated to allow full circulation throughout the state. The lieutenant 19 governor shall number each petition and shall keep a record of the petition delivered 20 to each sponsor. On [UPON] request of the committee, the lieutenant governor shall 21 report the number of persons who voted in the preceding general election. 22 * Sec. 5. AS 15.45.100 is amended to read: 23 Sec. 15.45.100. Statement of warning and right to disclosure. Each petition 24 shall include a statement of warning that a person who signs a name other than the 25 person's own on the petition, or who knowingly signs more than once for the same 26 proposition at one election, or who signs the petition when knowingly not a qualified 27 voter, is guilty of a class B misdemeanor. Each petition shall contain, in 12 point 28 capitalized bold type at or near the top of each page, the following language: 29 THIS PETITION MAY BE CIRCULATED BY A 30 PAID SIGNATURE GATHERER OR A VOLUNTEER. 31 YOU HAVE THE RIGHT TO ASK, AND THE 01 GATHERER MUST DISCLOSE TO YOU, HOW MUCH 02 AND BY WHOM THE GATHERER IS PAID. 03 * Sec. 6. AS 15.45.110 is amended by adding new subsections to read: 04 (b) On request, a sponsor shall disclose the amount the sponsor is paid by 05 another for gathering signatures and by whom the sponsor is paid. 06 (c) A sponsor may not receive payment or agree to receive payment, and a 07 person or an organization may not pay or agree to pay, for the collection of signatures 08 on a petition if any part of the payment is based on the number of signatures collected 09 and the total payment exceeds $.10 for each signature. This subsection does not 10 prohibit a sponsor from being paid an amount that is 11 (1) not based on the number of signatures collected; or 12 (2) based on the number of signatures collected by that sponsor and 13 that results in a total payment to that sponsor of less than or equal to $.10 for each 14 signature collected. 15 (d) A person or organization may not knowingly pay, offer to pay, or cause 16 to be paid money or other valuable thing to another person to influence the other 17 person to sign or refrain from signing a petition. 18 (e) A person or organization that violates (b) - (d) of this section is guilty of 19 a class B misdemeanor. 20 (f) In this section, 21 (1) "organization" has the meaning given in AS 11.81.900; 22 (2) "other valuable thing" has the meaning given in AS 15.56.030(d); 23 (3) "person" has the meaning given in AS 11.81.900. 24 * Sec. 7. AS 15.45.130 is amended to read: 25 Sec. 15.45.130. Certification of sponsor. Before being filed, each petition 26 shall be certified by an affidavit by the sponsor who personally circulated the petition. 27 The affidavit shall state in substance that (1) the person signing the affidavit is a 28 sponsor, (2) the person is the only circulator of that petition, (3) the signatures were 29 made in the sponsor's actual presence, [AND] (4) to the best of the sponsor's 30 knowledge, the signatures are those of the persons whose names they purport to be , 31 (5) the person has not entered into an agreement with another person or 01 organization in violation of AS 15.45.110(c), and (6) the person has not violated 02 AS 15.45.110(d) with respect to that petition . In determining the sufficiency of the 03 petition, the lieutenant governor may not count subscriptions on petitions not properly 04 certified. 05 * Sec. 8. AS 15.56.090(a) is amended to read: 06 (a) A person commits the crime of improper subscription to petition if the 07 person 08 (1) signs a name other than the person's own to a petition proposing an 09 initiative, referendum, recall, or nomination of a candidate for state or local office; 10 (2) knowingly signs more than once for the same proposition, question, 11 or candidate at one election; [OR] 12 (3) signs a petition proposing an initiative, referendum, recall, or 13 nomination of a candidate for state or local office, while knowingly not being a 14 qualified voter ; or 15 (4) solicits, accepts, or agrees to accept money or other valuable 16 thing with the intent that the person's decision to sign or refrain from signing a 17 petition proposing an initiative will be influenced by the money or other valuable 18 thing; in this paragraph, "other valuable thing" has the meaning given in 19 AS 15.56.030(d) . 20 * Sec. 9. APPLICABILITY. (a) AS 15.13.110(e), as amended by sec. 2 of this Act, and 21 AS 15.13.400, as amended by sec. 3 of this Act, apply only to activities on or after the 22 effective date of this Act. 23 (b) AS 15.45.090, as amended by sec. 4 of this Act, and 15.45.100, as amended by 24 sec. 5 of this Act, apply only to petitions that arise from an initiative application that is 25 certified under AS 15.45.070 on or after the effective date of this Act. 26 (c) AS 15.45.110(b), as enacted by sec. 6 of this Act, applies only to sponsors of 27 petitions that arise from an initiative application that is certified under AS 15.45.070 on or 28 after the effective date of this Act. 29 (d) AS 15.45.110(c) - (f), as enacted by sec. 6 of this Act, apply only to agreements 30 entered into, payments under agreements entered into, and offers made on or after the effective 31 date of this Act. 01 (e) AS 15.45.130, as amended by sec. 7 of this Act, applies only to affidavits required 02 for filing of a petition that is certified under AS 15.45.070 on or after the effective date of this 03 Act. 04 (f) AS 15.56.090(a), as amended by sec. 8 of this Act, applies only to solicitations, 05 payments, or agreements made on or after the effective date of this Act.