00 HOUSE BILL NO. 36 01 "An Act requiring the disclosure of the identity of certain persons, groups, and 02 nongroup entities that expend money in support of or in opposition to an application 03 filed for a state referendum or recall election; relating to political contributions; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.010(b) is amended to read: 07 (b) Except as otherwise provided, this chapter applies to contributions, 08 expenditures, and communications made to influence the nomination or election of 09 a candidate or for the purpose of 10 (1) influencing the outcome of a ballot proposition or question; or 11 (2) supporting or opposing 12 (A) an initiative proposal application filed under 13 AS 15.45.020; 14 (B) a referendum application filed under AS 15.45.260; or 01 (C) a recall application filed under AS 15.45.480 [AS WELL 02 AS THOSE MADE TO INFLUENCE THE NOMINATION OR ELECTION 03 OF A CANDIDATE]. 04 * Sec. 2. AS 15.13.050(a) is amended to read: 05 (a) Before making an expenditure in support of or in opposition to a candidate 06 or before making an expenditure in support of or in opposition to a ballot proposition 07 or question or to an initiative proposal application filed [WITH THE LIEUTENANT 08 GOVERNOR] under AS 15.45.020, a referendum application filed under 09 AS 15.45.260, or a recall application filed under AS 15.45.480, each person other 10 than an individual shall register, on forms provided by the commission, with the 11 commission. 12 * Sec. 3. AS 15.13.065(c) is amended to read: 13 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 14 the requirements of AS 15.13.050, 15.13.060, and 15.13.112 - 15.13.114, the 15 provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person 16 to make contributions to influence the outcome of a ballot proposition. In this 17 subsection, in addition to its meaning in AS 15.80.010, "proposition" includes 18 (1) an issue placed on a ballot to determine whether 19 (A) a constitutional convention shall be called; 20 (B) a debt shall be contracted; 21 (C) an advisory question shall be approved or rejected; or 22 (D) a municipality shall be incorporated; 23 (2) an initiative proposal application filed [WITH THE LIEUTENANT 24 GOVERNOR] under AS 15.45.020; 25 (3) a referendum application filed under AS 15.45.260; and 26 (4) a recall application filed under AS 15.45.480. 27 * Sec. 4. AS 15.13.070(b) is amended to read: 28 (b) Except as provided in (h) of this section, an [AN] individual may 29 contribute not more than 30 (1) $2,000 each campaign period [$500 PER YEAR] to a nongroup 31 entity for the purpose of influencing the nomination or election of a candidate, to a 01 candidate, or to an individual who conducts a write-in campaign as a candidate [, OR 02 TO A GROUP THAT IS NOT A POLITICAL PARTY]; 03 (2) $5,000 a [PER] year to a political party or other group. 04 * Sec. 5. AS 15.13.070(c) is amended to read: 05 (c) Except as provided in (h) of this section, a [A] group that is not a 06 political party may contribute not more than 07 (1) $4,000 each campaign period [$1,000 PER YEAR (1)] to a 08 candidate, or to an individual who conducts a write-in campaign as a candidate; 09 (2) $5,000 each year to another group, to a nongroup entity, or to a 10 political party. 11 * Sec. 6. AS 15.13.070(f) is amended to read: 12 (f) Except as provided in (h) of this section, a [A] nongroup entity may 13 contribute not more than 14 (1) $4,000 each campaign period [$1,000 A YEAR] to another 15 nongroup entity for the purpose of influencing the nomination or election of a 16 candidate, to a candidate, or to an individual who conducts a write-in campaign as a 17 candidate; 18 (2) $5,000 each year [,] to a group [,] or to a political party. 19 * Sec. 7. AS 15.13.070(g) is amended to read: 20 (g) Where contributions are made to a joint campaign for governor and 21 lieutenant governor, 22 (1) an individual may contribute not more than $4,000 each campaign 23 period [$1,000 PER YEAR]; and 24 (2) a group may contribute not more than $8,000 each campaign 25 period [$2,000 PER YEAR]. 26 * Sec. 8. AS 15.13.070 is amended by adding new subsections to read: 27 (h) The contribution limits provided under (b)(1), (c)(2), and (f) of this section 28 do not apply to an individual, group, or nongroup entity contributing to a group or 29 nongroup entity that makes only independent expenditures. 30 (i) Beginning in the first quarter of calendar year 2031 and every 10 years 31 thereafter, the commission shall, by regulation, adjust the contribution limitations set 01 out in this section by a percentage equal to the percentage of increase over the 02 preceding 10-year period in all items of the Consumer Price Index for all urban 03 consumers for urban Alaska, rounded to the nearest $50 increment. 04 * Sec. 9. AS 15.13 is amended by adding a new section to read: 05 Sec. 15.13.092. Identification of nonresident contributors to a candidate. 06 (a) In addition to the information required by AS 15.13.090, all communications paid 07 for by a candidate who has received more than 25 percent of the candidate's aggregate 08 contributions from true sources, or their equivalents, who, at the time of the 09 contribution, reside or have their principal place of business outside the state, must 10 identify that the majority of the candidate's contributions originated from outside the 11 state. 12 (b) A communication subject to this section that includes a print or video 13 component must have the following statement placed in the communication so as to be 14 easily discernible: "A majority of contributions to (candidate's name) came from 15 outside the State of Alaska." In a broadcast, cable, satellite, Internet, or other digital 16 communication, the statement must remain onscreen throughout the entirety of the 17 communication. 18 (c) A communication subject to this section that is transmitted through radio 19 or other audio media or that includes an audio component must include the following 20 statement, read in a manner that is easily heard: "A majority of contributions to 21 (candidate's name) came from outside the State of Alaska." 22 * Sec. 10. AS 15.13.110(e) is amended to read: 23 (e) A referendum committee, person, group, or nongroup entity receiving 24 contributions exceeding $500 or making expenditures exceeding $500 in a 25 calendar year in support of or in opposition to a referendum on the ballot in a 26 statewide election or a referendum application filed with the lieutenant governor 27 under AS 15.45.260 shall file a [GROUP FORMED TO SPONSOR A 28 REFERENDUM OR A RECALL SHALL REPORT 30 DAYS AFTER ITS FIRST 29 FILING WITH THE LIEUTENANT GOVERNOR. THEREAFTER, EACH GROUP 30 SHALL] report within 10 days after the end of each calendar quarter on the 31 contributions received and expenditures made during the preceding calendar quarter 01 until reports are due under (a) and (b) of this section. If the report is a first report, it 02 must cover the period beginning the day a referendum application is filed under 03 AS 15.45.260 and ending three days before the due date of the report. 04 * Sec. 11. AS 15.13.110(i) is amended to read: 05 (i) During a campaign period, the commission may not change the manner or 06 format in which reports required of a candidate under this chapter must be filed. [IN 07 THIS SUBSECTION, "CAMPAIGN PERIOD" MEANS THE PERIOD BEGINNING 08 ON THE DATE THAT A CANDIDATE BECOMES ELIGIBLE TO RECEIVE 09 CAMPAIGN CONTRIBUTIONS UNDER THIS CHAPTER AND ENDING ON 10 THE DATE THAT A FINAL REPORT FOR THAT SAME CAMPAIGN MUST BE 11 FILED.] 12 * Sec. 12. AS 15.13.110 is amended by adding a new subsection to read: 13 (l) A recall committee, person, group, or nongroup entity receiving 14 contributions exceeding $500 or making expenditures exceeding $500 in a calendar 15 year in support of or in opposition to the recall of a public official in a statewide 16 election or a recall application filed with the lieutenant governor under AS 15.45.480 17 shall file a report within 10 days after the end of each calendar quarter on the 18 contributions received and expenditures made during the preceding calendar quarter 19 until reports are due under (a) and (b) of this section. If the report is a first report, it 20 must cover the period beginning the day a recall application is filed under 21 AS 15.45.480 and ending three days before the due date of the report. 22 * Sec. 13. AS 15.13.400(4) is amended to read: 23 (4) "contribution" 24 (A) means a purchase, payment, promise or obligation to pay, 25 loan or loan guarantee, deposit or gift of money, goods, or services for which 26 charge is ordinarily made, and includes the payment by a person other than a 27 candidate or political party or other group, or compensation for the personal 28 services of another person, that is rendered to the candidate or political party 29 or other group [,] and that is made for the purpose of 30 (i) influencing the nomination or election of a 31 candidate; 01 (ii) influencing a ballot proposition or question; or 02 (iii) supporting or opposing an initiative proposal 03 application filed [WITH THE LIEUTENANT GOVERNOR] under 04 AS 15.45.020, a referendum application filed under AS 15.45.260, 05 or a recall application filed under AS 15.45.480; 06 (B) does not include 07 (i) services provided without compensation by 08 individuals volunteering a portion or all of their time on behalf of a 09 political party, candidate, or ballot proposition or question; 10 (ii) ordinary hospitality in a home; 11 (iii) two or fewer mass mailings before each election by 12 each political party describing members of the party running as 13 candidates for public office in that election, which may include 14 photographs, biographies, and information about the candidates; 15 (iv) the results of a poll limited to issues and not 16 mentioning any candidate, unless the poll was requested by or designed 17 primarily to benefit the candidate; 18 (v) any communication in the form of a newsletter from 19 a legislator to the legislator's constituents, except a communication 20 expressly advocating the election or defeat of a candidate or a 21 newsletter or material in a newsletter that is clearly only for the private 22 benefit of a legislator or a legislative employee; 23 (vi) a fundraising list provided without compensation 24 by one candidate or political party to a candidate or political party; or 25 (vii) an opportunity to participate in a candidate forum 26 provided to a candidate without compensation to the candidate by 27 another person and for which a candidate is not ordinarily charged; 28 * Sec. 14. AS 15.13.400(7) is amended to read: 29 (7) "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 13 AS 15.45.020, a referendum application filed under AS 15.45.260, 14 or a recall application filed under AS 15.45.480; 15 (B) does not include a candidate's filing fee or the cost of 16 preparing reports and statements required by this chapter; 17 (C) includes an express communication and an electioneering 18 communication, but does not include an issues communication; 19 * Sec. 15. AS 15.13.400(9) is amended to read: 20 (9) "group" means 21 (A) every state and regional executive committee of a political 22 party; 23 (B) any combination of two or more individuals acting jointly 24 who organize for the principal purpose of influencing the outcome of one or 25 more elections and who take action the major purpose of which is to influence 26 the outcome of an election; a group that makes expenditures or receives 27 contributions with the authorization or consent, express or implied, or under 28 the control, direct or indirect, of a candidate shall be considered to be 29 controlled by that candidate; a group whose major purpose is to further the 30 nomination, election, or candidacy of only one individual, or intends to expend 31 more than 50 percent of its money on a single candidate, shall be considered to 01 be controlled by that candidate and its actions done with the candidate's 02 knowledge and consent unless, within 10 days from the date the candidate 03 learns of the existence of the group the candidate files with the commission, on 04 a form provided by the commission, an affidavit that the group is operating 05 without the candidate's control; a group organized for more than one year 06 preceding an election and endorsing candidates for more than one office or 07 more than one political party is presumed not to be controlled by a candidate; 08 however, a group that contributes more than 50 percent of its money to or on 09 behalf of one candidate shall be considered to support only one candidate for 10 purposes of AS 15.13.070, whether or not control of the group has been 11 disclaimed by the candidate; and 12 (C) any combination of two or more individuals acting jointly 13 who organize for the principal purpose of filing 14 (i) an initiative proposal application under 15 AS 15.45.020 or who file an initiative proposal application under 16 AS 15.45.020; 17 (ii) a referendum application under AS 15.45.260 or 18 who file a referendum application under AS 15.45.260; or 19 (iii) a recall application under AS 15.45.480 or who 20 file a recall application under AS 15.45.480; 21 * Sec. 16. AS 15.13.400 is amended by adding a new paragraph to read: 22 (20) "campaign period" means the period beginning on the date that a 23 candidate becomes eligible to receive campaign contributions under this chapter and 24 ending on the date that a final report for that same campaign must be filed. 25 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. Sections 1 - 3, 10, and 12 - 15 of this Act apply only to a 28 referendum or recall for which the application is filed with the lieutenant governor under 29 AS 15.45.260 or 15.45.480, respectively, on or after the effective date of secs. 1 - 3, 10, and 30 12 - 15 of this Act. 31 * Sec. 18. Sections 4 - 9, 11, and 16 of this Act take effect immediately under 01 AS 01.10.070(c). 02 * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect January 1, 2024.