CSHB 368(JUD): "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date."
00CS FOR HOUSE BILL NO. 368(JUD) 01 "An Act relating to election campaigns, election campaign financing, the 02 oversight and regulation of election campaigns, the activities of lobbyists that 03 relate to election campaigns, the definitions of offenses of campaign misconduct, 04 and to the use of the net proceeds of charitable gaming activities in election 05 campaigns; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 08 laws, 09 (1) campaigns for elective public office last too long, are often uninformative, 10 and are too expensive; 11 (2) highly qualified citizens are dissuaded from running for public office due to 12 the high cost of election campaigns; 13 (3) organized special interests are responsible for raising a significant portion of 14 all election campaign funds and may thereby gain an undue influence over election campaigns
01 and elected officials, particularly incumbents; 02 (4) incumbents enjoy a distinct advantage in raising money for election 03 campaigns, and many elected officials raise and carry forward huge surpluses from one campaign 04 to the next, to the disadvantage of challengers; 05 (5) because, under existing laws, candidates are completely free to convert 06 campaign funds to personal income, there is great potential for bribery and political corruption; 07 and 08 (6) penalties for violations of the existing campaign finance laws are far too 09 lenient to deter misconduct. 10 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 11 finance laws in order to restore the public's trust in the electoral process and to foster good 12 government. 13 * Sec. 2. AS 05.15.150(a) is amended to read: 14 (a) The authority to conduct the activity authorized by this chapter is contingent 15 upon the dedication of the net proceeds of the charitable gaming activity to the awarding 16 of prizes to contestants or participants and to political, educational, civic, public, 17 charitable, patriotic, or religious uses in the state. "Political, educational, civic, public, 18 charitable, patriotic, or religious uses" means uses benefiting persons either by bringing 19 them under the influence of education or religion or relieving them from disease, 20 suffering, or constraint, or by assisting them in establishing themselves in life, or by 21 providing for the promotion of the welfare and well-being of the membership of the 22 organization within their own community, or through aiding candidates for public office 23 or groups that support candidates for public office, or by erecting or maintaining public 24 buildings or works, or lessening the burden on government, but does not include 25 (1) the direct or indirect payment of any portion of the net proceeds of 26 a bingo or pull-tab game to a lobbyist registered under AS 24.45; [OR] 27 (2) the erection, acquisition, improvement, maintenance, or repair of real, 28 personal, or mixed property unless it is used exclusively for one or more of the permitted 29 uses; or 30 (3) the direct or indirect payment of any portion of the net proceeds 31 of a charitable gaming activity, except the proceeds of a raffle and lottery,
01 (A) to aid candidates for public office or groups that support 02 candidates for public office; 03 (B) to a political party or to an organization affiliated with 04 a political party; or 05 (C) to a group, as that term is defined in AS 15.13.400, that 06 seeks to influence the outcome of an election. 07 * Sec. 3. AS 15.13.010(a) is amended to read: 08 (a) This chapter applies 09 (1) in every election for governor, lieutenant governor, a member of the 10 state legislature, a delegate to a constitutional convention, or judge seeking electoral 11 confirmation; 12 (2) [. IT ALSO APPLIES] to every candidate for election to a municipal 13 office in a municipality with a population of more than 1,000 inhabitants according to 14 the latest United States census figures or estimates of population certified as correct for 15 administrative purposes by the Department of Community and Regional Affairs unless 16 the municipality has exempted itself from the provisions of this chapter; a [. A] 17 municipality may exempt its elected municipal officers from the requirements of this 18 chapter if a majority of the voters voting on the question at a regular election, as defined 19 by AS 29.71.800(20), or a special municipality-wide election called for that purpose, 20 votes [VOTE] to exempt its elected municipal officers from the requirements of this 21 chapter; the [. THE] question of exemption from the requirements of this chapter may 22 be submitted by the governing body by ordinance or by initiative election. [THIS 23 CHAPTER DOES NOT PROHIBIT A MUNICIPALITY FROM REGULATING BY 24 ORDINANCE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.] 25 * Sec. 4. AS 15.13.010 is amended by adding a new subsection to read: 26 (c) This chapter does not prohibit a municipality from regulating by ordinance 27 election campaign contributions and expenditures in municipal elections, or from 28 regulating those campaign contributions and expenditures more strictly than provided in 29 this chapter. 30 * Sec. 5. AS 15.13.040(a) is amended to read: 31 (a) Except as provided in (g) of this section, each [EACH] candidate shall
01 make a full report, upon a form prescribed by the commission, listing the date and 02 amount of all expenditures made by the candidate, the total amount of all contributions, 03 including all funds contributed by the candidate, and for all contributions in excess of 04 $100 in the aggregate a year, the name, address, principal occupation, and employer of 05 the contributor and the date and amount contributed by each contributor. The report 06 shall be filed in accordance with AS 15.13.110 and shall be certified correct by the 07 candidate or campaign treasurer. 08 * Sec. 6. AS 15.13.040(d) is amended to read: 09 (d) Every individual, person, or group making a contribution or expenditure shall 10 make a full report, upon a form prescribed by the commission, of the following 11 contributions or expenditures: 12 (1) any contribution of cash, goods, or services valued at more than $250 13 a year to any group or candidate; or 14 (2) unless exempted from reporting by (h) of this section, any 15 expenditure whatsoever for advertising in newspapers or other periodicals, on radio, or 16 on television; or, for the publication, distribution, or circulation of brochures, flyers, or 17 other campaign material for any candidate or ballot proposition or question. 18 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 19 (g) The provisions of (a) of this section do not apply if a candidate 20 (1) indicates, on a form prescribed by the commission, an intent not to 21 raise and not to expend more than $2,500 in seeking election; 22 (2) accepts contributions totaling not more than $2,500 in seeking 23 election; and 24 (3) makes expenditures totaling not more than $2,500 in seeking 25 election. 26 (h) The provisions of (d)(2) of this section do not apply to one or more 27 expenditures made by an individual acting independently of any group and 28 independently of any other individual if the expenditures 29 (1) cumulatively do not exceed $250 during a calendar year; and 30 (2) are made only for billboards, signs, or printed material concerning 31 a ballot proposition or question.
01 * Sec. 8. AS 15.13.050 is amended to read: 02 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 03 Before [EACH GROUP, BEFORE] making an expenditure in support [ON BEHALF] 04 of [,] or in opposition to [,] a candidate or before making an expenditure in support 05 of or in opposition to a ballot proposition or question, each person, publicly-funded 06 entity, or group [A CONTRIBUTION TO A CANDIDATE] shall register, on forms 07 provided by the commission, with the commission. If the group intends to support or 08 oppose only one candidate, or to contribute to or expend on behalf of, or in opposition 09 to, one candidate 33 1/3  percent or more of its funds, the name of the candidate 10 shall be a part of the name of the group. Promptly upon receiving the registration, the 11 commission shall notify the candidate of the group's organization and intent. 12 * Sec. 9. AS 15.13 is amended by adding new sections to read: 13 Sec. 15.13.065. WHO MAY MAKE CONTRIBUTIONS. (a) Only individuals, 14 groups, or political parties may make contributions to a candidate. 15 (b) Only individuals and groups may make contributions to a group or, except 16 as provided in (c) of this section, to a political party. 17 (c) A political party may contribute to a subordinate unit of the political party, 18 and a subordinate unit of a political party may contribute to the political party of which 19 it is a subordinate unit. 20 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following may 21 make an expenditure in an election for candidates for elective office: 22 (1) the candidate; 23 (2) individuals who are registered under AS 15.13.050; and 24 (3) a group that, if required by AS 15.13.050 to register, is registered, 25 or a group not required to register under AS 15.13.050. 26 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 27 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 28 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 29 to the limitations of this chapter and AS 24.45, including the limitations on the maximum 30 amounts set out in this section. 31 (b) An individual may contribute not more than
01 (1) $500 per year to a candidate, or to a person who conducts a write-in 02 campaign as a candidate; 03 (2) $250 per year to a group that is not a political party; 04 (3) $5,000 per year to a political party. 05 (c) A group that is not a political party may contribute not more than $1,000 per 06 year 07 (1) to a candidate, or to a person who conducts a write-in campaign as 08 a candidate; or 09 (2) to another group or to a political party. 10 (d) A political party may contribute to a candidate, or to a person who conducts 11 a write-in campaign, for the following offices an amount not to exceed 12 (1) $100,000 per year, if the election is for governor or lieutenant 13 governor; 14 (2) $15,000 per year, if the election is for the state senate; 15 (3) $10,000 per year, if the election is for the state house of 16 representatives; and 17 (4) $5,000 per year, if the election is for 18 (A) delegate to a constitutional convention; 19 (B) judge seeking retention; or 20 (C) municipal office. 21 * Sec. 11. AS 15.13 is amended by adding new sections to read: 22 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 23 OF CONTRIBUTIONS. (a) A candidate or an individual who has filed with the 24 commission the document necessary to permit that individual to incur election-related 25 expenses under AS 15.13.100 may not solicit or accept a contribution from 26 (1) a person not authorized by law to make a contribution; 27 (2) an individual who is not a resident of the state at the time the 28 contribution is made except as provided in (b) of this section; 29 (3) a group organized under the laws of another state, resident in another 30 state, or whose participants are not residents of this state at the time the contribution is 31 made; or
01 (4) a person registered as a lobbyist if the contribution violates 02 AS 15.13.074(f) or AS 24.45.121(a)(8). 03 (b) A candidate or an individual who has filed with the commission the 04 document necessary to permit that individual to incur election-related expenses under 05 AS 15.13.100 may solicit or accept contributions from an individual who is not a 06 resident of the state at the time the contribution is made if the amounts contributed by 07 individuals who are not residents do not exceed 08 (1) $20,000, if the candidate or individual is seeking the office of 09 governor or lieutenant governor; 10 (2) $3,000, if the candidate or individual is seeking the office of state 11 senator; 12 (3) $2,000, if the candidate or individual is seeking the office of state 13 representative or municipal or other office. 14 (c) A candidate or an individual who has filed with the commission the 15 document necessary to permit the individual to incur election-related expenses under 16 AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds 17 $100. 18 (d) An individual, or one acting directly or indirectly on behalf of that 19 individual, may not solicit or accept a contribution 20 (1) before the date for which contributions may be made as determined 21 under AS 15.13.074(c)(1) - (3); or 22 (2) later than the day after which contributions may not be made as 23 determined under AS 15.13.074(c)(4). 24 (e) A candidate or an individual who has filed with the commission the 25 document necessary to permit that individual to incur election-related expenses under 26 AS 15.13.100 may not solicit or accept a contribution if the legislature is convened in 27 a regular or special legislative session, and the candidate or individual is a member of 28 the legislature, or employed by a legislator or employed as a member of the legislator's 29 staff or as a member of the staff of a legislative committee. 30 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person or group may 31 not make a contribution if the making of the contribution would violate this chapter.
01 (b) A person or group may not make a contribution anonymously, using a 02 fictitious name, or using the name of another. 03 (c) A person or group may not make a contribution 04 (1) to a candidate for governor or lieutenant governor or an individual 05 who files with the commission the document necessary to permit that individual to incur 06 certain election-related expenses as authorized by AS 15.13.100 for governor or 07 lieutenant governor, when the office is to be filled at a general election, before the later 08 of the following dates: 09 (A) the date the individual 10 (i) becomes a candidate; or 11 (ii) files with the commission the document necessary to 12 permit the individual to incur certain election-related expenses as 13 authorized by AS 15.13.100; or 14 (B) January 1 of the year of the general election; 15 (2) to a candidate for the state legislature or an individual who files with 16 the commission the document necessary to permit that individual to incur certain 17 election-related expenses as authorized by AS 15.13.100 for the state legislature, when 18 the office is to be filled at a general election, before the later of the following dates: 19 (A) the date the individual 20 (i) becomes a candidate; or 21 (ii) files with the commission the document necessary to 22 permit the individual to incur certain election-related expenses as 23 authorized by AS 15.13.100; or 24 (B) June 1 of the year of the general election; 25 (3) to a candidate or an individual who files with the commission the 26 document necessary to permit that individual to incur certain election-related expenses 27 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 28 municipal election before the later of the following dates: 29 (A) the date the individual 30 (i) becomes a candidate; or 31 (ii) files with the commission the document necessary to
01 permit that individual to incur certain election-related expenses as 02 authorized by AS 15.13.100; 03 (B) is five months before the date of the general or regular 04 municipal election or that is before the date of the proclamation of the special 05 election at which the candidate or individual seeks election to public office; or 06 (4) to any candidate later than the 45th day 07 (A) after the date of a primary election if the candidate 08 (i) has been nominated at the primary election or is 09 running as a write-in candidate; and 10 (ii) is not opposed at the general election; 11 (B) after the date of the primary election if the candidate was not 12 nominated at the primary election; or 13 (C) after the date of the general election, or after the date of a 14 municipal or municipal runoff election, if the candidate was opposed at the 15 general, municipal, or municipal runoff election. 16 (d) A person or group may not make a contribution to a candidate or a person 17 or group who is prohibited by AS 15.13.072(d) from accepting it. 18 (e) A person or group may not make a cash contribution that exceeds $100. 19 (f) An individual required to register as a lobbyist under AS 24.45 may not make 20 a contribution to a candidate for the legislature at any time the individual is subject to 21 the registration requirement under AS 24.45 and for one year after the date of the 22 individual's initial registration or its renewal. However, the individual may make a 23 contribution under this section to a candidate for the legislature in a district in which the 24 individual is registered to vote or will be registered to vote on the date of the election. 25 An individual who is subject to the restrictions of this subsection shall report to the 26 commission, on a form provided by the commission, each contribution made while 27 required to register as a lobbyist under AS 24.45. This subsection does not apply to a 28 representational lobbyist as defined in regulations of the commission. 29 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 30 contribution to a 31 (1) candidate may be received only by
01 (A) the candidate; or 02 (B) the candidate's campaign treasurer or a deputy campaign 03 treasurer; 04 (2) group may be received only by the group's campaign treasurer or a 05 deputy treasurer. 06 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 07 (a) The provisions of this chapter do not prohibit the person who is a candidate from 08 giving any amount of the candidate's own money or other thing of value to the 09 campaign of the candidate. Donations made by the candidate to the candidate's own 10 campaign shall be reported as contributions in accordance with AS 15.13.040 and 11 15.13.110. 12 (b) The provisions of this chapter do not prohibit the person who is a 13 candidate from lending any amount to the campaign of the candidate. Loans made by 14 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 15 15.13.110. However, the candidate may not 16 (1) recover, under this section and AS 15.13.116(a)(5), the amount of 17 a loan made by the candidate to the candidate's own campaign that exceeds 18 (A) $25,000, if the candidate ran for governor or lieutenant 19 governor; 20 (B) $10,000, if the candidate ran for 21 (i) the legislature; or 22 (ii) delegate to a constitutional convention; 23 (C) $10,000, if the candidate was a judge seeking retention; 24 (D) $5,000, if the candidate ran in a municipal election; or 25 (2) repay a loan that the candidate has made to the candidate's own 26 campaign unless, within five days of making the loan, the candidate notifies the 27 commission, on a form provided by the commission, of the candidate's intention to 28 repay the loan under AS 15.13.116(a)(5). 29 (c) On and after the date determined under AS 15.13.110 as the last day of the 30 period ending three days before the due date of the report required to be filed under 31 AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a
01 candidate may not give or loan, or both, to the candidate's campaign the candidate's 02 money or other thing of value of the candidate in an amount that exceeds $5,000. 03 (d) The provisions of this section apply only to the person who is a candidate, 04 as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize a 05 contribution or loan under this section by a person described in the definition of the 06 term "candidate" under AS 15.13.400(1)(B). 07 * Sec. 12. AS 15.13.080 is amended to read: 08 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 09 following shall file statements as required by this section: 10 (1) an individual who contributes to a candidate 11 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 12 A CANDIDATE OVER] $250; or 13 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 14 with a value of more than $250; 15 (2) an individual who, during the period between the 90th day before 16 an election and the date of the election, contributes to more than one group and 17 whose aggregate contributions to all groups, in money or in the value of goods and 18 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 19 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 20 A FORM MADE AVAILABLE BY THE COMMISSION]. 21 (b) An individual required to file a contributor's statement under (a) of this 22 section shall file on a form made available by the commission. The statement must 23 (1) identify the contributor and the candidate and all groups 24 receiving contributions; 25 (2) [SHALL] itemize the contributions and goods; and 26 (3) state that the contributor is not [A PERSON OR GROUP] prohibited 27 by law from contributing and that the contribution consists of funds or property 28 belonging to the contributor and has not been given or furnished by another person or 29 group. 30 (c) The contributor's statement shall be filed with the commission by the 31 contributor no later than 10 days after the contribution is made. [A COPY OF THE
01 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 02 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 03 CONTRIBUTION IS MADE.] 04 * Sec. 13. AS 15.13 is amended by adding new sections to read: 05 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 06 group may not make an expenditure in cash that exceeds $100 unless the candidate, or 07 the campaign treasurer or deputy campaign treasurer, obtains from the person to whom 08 the expenditure is made a written receipt and files a copy of the receipt with the 09 commission. 10 (b) A candidate or group may not make an expenditure unless the source of the 11 expenditure has been disclosed as required by this chapter. 12 (c) If a candidate receives a contribution in the form of cash, check, money 13 order, or other negotiable instrument and is subject to being reported to the commission 14 under this chapter, the candidate may neither expend the contribution nor, in the case of 15 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 16 deputy campaign treasurer first records the following information for disclosure to the 17 commission: 18 (1) the name, address, principal occupation, and employer of the 19 contributor; and 20 (2) the date and amount of the contribution. 21 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 22 expenditure anonymously, using a fictitious name, or using the name of another. 23 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 24 expenditure 25 (1) authorized by AS 15.13.067(1) by or in behalf of a candidate may be 26 made only by 27 (A) the candidate; or 28 (B) the candidate's campaign treasurer or a deputy campaign 29 treasurer; 30 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 31 made only by the group's campaign treasurer.
01 * Sec. 14. AS 15.13.090 is amended by adding a new subsection to read: 02 (b) The provisions of (a) of this section do not apply when the advertisement 03 (1) is paid for by an individual acting independently of any group and 04 independently of any other individual; 05 (2) is made concerning a ballot proposition or question; and 06 (3) is made for 07 (A) a billboard or sign; or 08 (B) printed material other than an advertisement made in a 09 newspaper or other periodical. 10 * Sec. 15. AS 15.13.110(a) is amended to read: 11 (a) Each candidate and group shall make a full report in accordance with 12 AS 15.13.040 for the period ending three days before the due date of the report and 13 beginning on the last day covered by the most recent previous report. If the report is a 14 first report, it shall cover the period from the beginning of the campaign to the date three 15 days before the due date of the report. If the report is a report due February 15, it shall 16 cover the period beginning on the last day covered by the most recent previous report 17 or on the day that the campaign started, whichever is later, and ending on December 31 18 of the prior year. The report shall be filed 19 (1) 30 days before the election; however, this report is not required if the 20 deadline for filing a nominating petition or declaration of candidacy is within 30 days 21 of the election; 22 (2) one week before the election; 23 (3) 10 days after the election; and 24 (4) February 15 for expenditures made and contributions received that 25 were not reported during the previous year, including, if applicable, all amounts 26 expended from a legislative office account established under AS 15.13.116(a)(9), or 27 when expenditures were not made or contributions were not received during the previous 28 year. 29 * Sec. 16. AS 15.13.110(b) is amended to read: 30 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 31 within nine days of the election shall be reported to the commission by date, amount, and
01 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 02 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 03 * Sec. 17. AS 15.13.110(c) is amended to read: 04 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 05 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 06 filed with the commission's central office and shall be kept open to public inspection. 07 Within 30 days after each election, the commission shall prepare a summary of each 08 report which shall be made available to the public at cost upon request. Each summary 09 shall use uniform categories of reporting. 10 * Sec. 18. AS 15.13 is amended by adding new sections to read: 11 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 12 CANDIDATE OR GROUP. (a) Except as otherwise provided, campaign contributions 13 held by a candidate or group may be used only to pay the expenses of the candidate or 14 group, and the campaign expenses incurred by the candidate or group, that reasonably 15 relate to election campaign activities, and in those cases only as authorized by this 16 chapter. 17 (b) Campaign contributions held by a candidate or group may not be 18 (1) used to give a personal benefit to the candidate or to another person; 19 (2) converted to personal income of the candidate; 20 (3) loaned to a person; 21 (4) knowingly used to pay more than the fair market value for goods or 22 services purchased for the campaign; 23 (5) used to pay a criminal fine; or 24 (6) used to pay civil penalties; however, campaign contributions held by 25 a candidate or group may be used to pay a civil penalty assessed under this chapter if 26 authorized by the commission after it first determines that 27 (A) the candidate, campaign treasurer, and deputy campaign 28 treasurer did not cause or participate in the violation for which the civil penalty 29 is imposed and exercised a reasonable level of oversight over the campaign; and 30 (B) the candidate, campaign treasurer, and deputy campaign 31 treasurers cooperated in the revelation of the violation and in its immediate
01 correction. 02 (c) Campaign contributions held by a candidate may not be contributed to 03 another candidate or to a group. 04 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 05 candidate or group that receives and accepts a contribution given in violation of 06 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 07 prohibited, return it to the contributor. If the contribution cannot be returned in the same 08 form, the equivalent value of the contribution shall be returned. 09 (b) An anonymous contribution is forfeited to the state unless the contributor is 10 identified within five days of its receipt. Money that forfeits to the state under this 11 subsection shall be delivered immediately to the Department of Revenue for deposit in 12 the general fund. 13 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 14 ELECTION. (a) A candidate who, after the date of the general, special, municipal, or 15 municipal runoff election or after the date the candidate withdraws as a candidate, 16 whichever comes first, holds unused campaign contributions shall distribute the amount 17 held within 60 days. The distribution may only be made to 18 (1) pay bills incurred for expenditures reasonably related to the campaign 19 and the winding up of the affairs of the campaign, and to pay expenditures associated 20 with post-election fund raising that may be needed to raise funds to pay off campaign 21 debts; 22 (2) pay for a victory or a thank you party costing less than $500, or to 23 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 24 (3) make donations, without condition, to 25 (A) a political party; 26 (B) the state's general fund; 27 (C) a municipality of the state; or 28 (D) the federal government; 29 (4) make donations, without condition, to organizations qualified as 30 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 31 controlled by the candidate or a member of the candidate's immediate family;
01 (5) repay loans from the candidate to the candidate's own campaign 02 under AS 15.13.078(b); 03 (6) repay contributions to contributors, but only if repayment of the 04 contribution is made pro rata in approximate proportion to the contributions made using 05 one of the following, as the candidate determines: 06 (A) to all contributions; 07 (B) to contributors who have contributed most recently; or 08 (C) to contributors who have made larger contributions; 09 (7) establish a fund for, and from that fund to pay, attorney fees or costs 10 incurred in the prosecution or defense of an administrative or civil judicial action that 11 directly concerns a challenge to the victory or defeat of the candidate in the election; 12 (8) transfer all or a portion of the unused campaign contributions to an 13 account for a future election campaign; a transfer under this paragraph is limited to 14 (A) $50,000, if the transfer is made by a candidate for governor 15 or lieutenant governor; 16 (B) $7,500, if the transfer is made by a candidate for the state 17 senate; 18 (C) $5,000, if the transfer is made by a candidate for the state 19 house of representatives; and 20 (D) $5,000, if the transfer is made by a candidate for an office 21 not described in (A) - (C) of this paragraph; 22 (9) transfer all or a portion of the unused campaign contributions to a 23 legislative office account; a transfer under this paragraph is subject to the following: 24 (A) the authority to transfer is limited to candidates who are 25 elected to the state legislature; 26 (B) the legislative office account established under this paragraph 27 may be used only for expenses associated with the candidate's serving as a 28 member of the legislature; 29 (C) all amounts expended from the legislative office account shall 30 be annually accounted for under AS 15.13.110(a)(4); and 31 (D) a transfer under this paragraph is limited to
01 (i) $10,000, for a candidate elected to the state senate; and 02 (ii) $5,000, for a candidate elected to the state house of 03 representatives. 04 (b) After a general, special, municipal, or municipal runoff election, a candidate 05 may retain the ownership of personal property, except money, that was acquired by and 06 for use in the campaign. The current fair market value of the property retained may not 07 exceed $2,500. All other property shall be disposed of, or sold and the sale proceeds 08 disposed of, in accordance with (a) or (c) of this section. 09 (c) Property remaining after disbursements are made under (a) - (b) of this 10 section is forfeited to the state. Within 30 days, the candidate shall deliver the property 11 to the Department of Revenue. The Department of Revenue shall deposit any money 12 received into the general fund and dispose of any other property in accordance with law. 13 * Sec. 19. AS 15.13.120(d) is repealed and reenacted to read: 14 (d) A member of the commission, the commission's executive director, or a 15 person or group who believes a violation of this chapter or a regulation adopted under 16 this chapter has occurred or is occurring may file an administrative complaint with the 17 commission within four years of the date of the alleged violation. If a member of the 18 commission has filed the complaint, that member may not participate as a commissioner 19 in any proceeding of the commission with respect to the complaint. If the commission 20 accepts the complaint and opens a preliminary investigation, it shall do so within 90 days 21 of the filing date of the complaint and shall investigate the complaint. After affording 22 the respondent notice and an opportunity to be heard, if the commission finds that the 23 respondent has engaged in or is about to engage in an act or practice that constitutes or 24 will constitute a violation of this chapter or a regulation adopted under it, the commission 25 shall enter an order requiring the violation to be ceased or to be remedied, and shall 26 assess civil penalties under AS 15.13.125. A commission order may be appealed to the 27 superior court by either the complainant or respondent within 30 days. The commission 28 or the commission's executive director shall promptly report to the attorney general 29 concerning any acts or practices that may constitute violations of this chapter or 30 regulations adopted under this chapter, or concerning the violation of any order of the 31 commission.
01 * Sec. 20. AS 15.13.120(e) is repealed and reenacted to read: 02 (e) If the commission does not open a preliminary investigation within 90 days 03 of the filing date of the complaint or complete action on the complaint within 120 days 04 of the filing, the complaint is rejected. A complainant whose complaint is rejected may 05 file a complaint in superior court alleging a violation of this chapter by a person charged 06 in the administrative complaint. The superior court summons and complaint shall be 07 served on the commission and the attorney general. The state shall have the right to 08 intervene in a timely manner. A complaint may not be filed in superior court under this 09 subsection if more than two years have elapsed from the date of the alleged violation. 10 This subsection does not create a private cause of action against the commission. 11 * Sec. 21. AS 15.13.125 is amended to read: 12 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS. 13 A person who fails to file a properly completed and certified report within the time 14 required by AS 15.13.040(d) - (f), 15.13.050, 15.13.060(b) - (d), 15.13.080(c) 15 [AS 15.13.040(f)], 15.13.110(a)(1), (3), or (4), (e), or (f) [OR 15.13.110(f)] is subject 16 to a civil penalty of not more than $50 [$10] a day for each day the delinquency 17 continues as determined by the commission subject to right of appeal to the superior 18 court. A person who fails to file a properly completed and certified report within the 19 time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not 20 more than $500 [$50] a day for each day the delinquency continues as determined by the 21 commission subject to right of appeal to the superior court. A person who violates a 22 provision of this chapter, except a provision requiring filing of a report within a 23 time required as otherwise specified in this subsection, is subject to a civil penalty 24 of not more than $50 a day for each day the violation continues as determined by 25 the commission, subject to right of appeal to the superior court. An affidavit stating 26 facts in mitigation may be submitted to the commission by a person against whom a civil 27 penalty is assessed. However, the imposition of the penalties prescribed in this section 28 or in AS 15.13.120 does not excuse that person from filing reports required by this 29 chapter. 30 * Sec. 22. AS 15.13.125 is amended by adding new subsections to read: 31 (b) When an administrative complaint has been filed under AS 15.13.120(d), the
01 commission shall give the person against whom the complaint has been filed due notice 02 and an opportunity to be heard. If, at the conclusions of the hearing, the commission 03 determines that the person against whom the complaint was filed engaged in the alleged 04 violation, the commission shall assess 05 (1) civil penalties under (a) of this section; 06 (2) the commission's costs of investigation and adjudication; and 07 (3) reasonable attorney fees. 08 (c) The commission's determination under (b) of this section may be appealed 09 to the superior court under AS 44.62 (Administrative Procedure Act). 10 (d) When an action has been filed in the superior court under AS 15.13.120(e), 11 upon proof of the violation, the court 12 (1) shall enter a judgment in the amount of three times the amount of the 13 civil penalty authorized to be collected by (a) of this section; however, if the court finds 14 that, in committing the violation, the person against whom the action was brought did 15 not act knowingly and took action to correct the violation within five days after it 16 occurred, the court may enter a judgment in the amount of the civil penalty authorized 17 by (a) of this section; and 18 (2) shall award reasonable attorney fees and costs to the prevailing party. 19 (e) A person who filed a civil action under AS 15.13.120(e), upon proof of the 20 violation by the person against whom the action was filed, may execute on the judgment 21 and is entitled to half of any amount recovered as a civil penalty exclusive of any 22 attorney fees and costs awarded by the court. The remainder of any amount recovered 23 as a civil penalty shall be deposited in the state's general fund. 24 (f) If the commission or superior court finds that the violation was not a repeat 25 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 26 corrected, and had no adverse effect on the campaign of another, the commission or the 27 court may 28 (1) suspend imposition of the penalties; and 29 (2) order the penalties set aside if the person does not engage in a similar 30 violation for a period of one year. 31 (g) A party who has filed a civil action under AS 15.13.120(e)
01 (1) is not entitled to trial by jury on the civil action; 02 (2) is not entitled to be represented by legal counsel at public expense. 03 * Sec. 23. AS 15.13 is amended by adding new sections to read: 04 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 05 CANDIDATES. (a) Only an individual or group may make an independent 06 expenditure supporting or opposing a candidate for election to public office. An 07 independent expenditure supporting or opposing a candidate for election to public 08 office shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 09 and other requirements of this chapter. 10 (b) An individual or group who makes independent expenditures for a mass 11 mailing, for distribution of campaign literature of any sort, for a television, radio, 12 newspaper or magazine advertisement, or any other communication that supports or 13 opposes a candidate for election to public office 14 (1) shall comply with AS 15.13.090; and 15 (2) shall place the following statement in the mailing, literature, 16 advertisement, or other communication so that it is readily and easily discernible: 17 This NOTICE TO VOTERS is required by Alaska law. (I/we) 18 certify that this (mailing/literature/advertisement) is not authorized, paid 19 for, or approved by the candidate. 20 Sec. 15.13.137. RESTRICTIONS ON CONTRIBUTIONS TO INDIVIDUALS 21 MAKING INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES. 22 An individual who makes an independent expenditure supporting or opposing a 23 candidate may not accept a contribution to help pay for the expenditure from another 24 individual or group that exceeds the amount an individual may contribute to a group 25 under AS 15.13.070(b)(2). 26 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 27 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a 28 person, or a publicly funded entity, from making independent expenditures in support 29 of or in opposition to a ballot proposition or question. 30 (b) An independent expenditure for or against a ballot proposition or question 31 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 -
01 15.13.110 and other requirements of this chapter; and 02 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 03 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 04 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 05 following may not use money held by the entity to influence the outcome of the 06 election of a candidate to a state or municipal office: 07 (1) the state, its agencies, and its corporations; 08 (2) the University of Alaska and its Board of Regents; 09 (3) municipalities, school districts, and regional educational attendance 10 areas, or another political subdivision of the state; and 11 (4) an officer or employee of an entity identified in (1) - (3) of this 12 subsection. 13 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 14 used to influence the outcome of an election concerning a ballot proposition or 15 question, but only if the funds have been specifically appropriated for that purpose by 16 a state law or a municipal ordinance. 17 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 18 used 19 (1) to disseminate information about the time and place of an election 20 and to hold an election; 21 (2) to provide the public with nonpartisan information about a ballot 22 proposition or question or about all the candidates seeking election to a particular 23 public office. 24 (d) When expenditure of money is authorized by (b) or (c) of this section and 25 is used to influence the outcome of an election, the expenditures shall be reported to 26 the commission in the same manner as an individual is required to report under 27 AS 15.13.040. 28 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT 29 PROHIBITED. This chapter does not prohibit a person from engaging in educational 30 election-related communications and activities, including 31 (1) the publication of the date and location of an election;
01 (2) the education of students about voting and elections; 02 (3) the sponsorship of open candidate debate forums; 03 (4) participation in get-out-the-vote or voter registration drives that do 04 not favor a particular candidate, political party, or political position; 05 (5) the dissemination of the views of all candidates running for a 06 particular office. 07 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND 08 HONORARIA. (a) A candidate for the state legislature, for governor, or for 09 lieutenant governor, including a person campaigning as a write-in candidate for the 10 office, may not 11 (1) seek or accept compensation for personal services that involves 12 payments that are not commensurate with the services rendered taking into account the 13 higher rates generally charged by specialists in a profession; or 14 (2) accept a payment of anything of value, except for actual and 15 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 16 not apply to the salary paid to the candidate for making an appearance or speech as 17 part of the candidate's normal course of employment. 18 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 19 governor, or for lieutenant governor, including a person campaigning as a write-in 20 candidate for the office, may accept a payment for an appearance or speech if the 21 appearance or speech is not connected with the person's status as a state official or as 22 a candidate. 23 Sec. 15.13.400. DEFINITIONS. In this chapter, 24 (1) "candidate" 25 (A) means a person who files for election to the state 26 legislature, for governor, for lieutenant governor, for municipal office, for 27 retention in judicial office, or for constitutional convention delegate, or who 28 campaigns as a write-in candidate for any of these offices; and 29 (B) when used in a provision of this chapter that limits or 30 prohibits the donation, solicitation, or acceptance of campaign contributions, or 31 limits or prohibits an expenditure, includes
01 (i) a candidate's campaign treasurer and a deputy 02 campaign treasurer; 03 (ii) a member of the candidate's immediate family; 04 (iii) a person acting as agent for the candidate; 05 (iv) the candidate's campaign committee; and 06 (v) a group that makes expenditures or receives 07 contributions with the authorization or consent, express or implied, or 08 under the control, direct or indirect, of the candidate; 09 (2) "commission" means the Alaska Public Offices Commission; 10 (3) "contribution" 11 (A) means a purchase, payment, promise or obligation to pay, 12 loan or loan guarantee, deposit or gift of money, goods, or services for which 13 charge is ordinarily made and that is made for the purpose of influencing the 14 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 15 of influencing a ballot proposition or question, including the payment by a 16 person other than a candidate or political party, or compensation for the 17 personal services of another person, that are rendered to the candidate or 18 political party; 19 (B) does not include 20 (i) services provided without compensation by 21 individuals volunteering a portion or all of their time on behalf of a 22 candidate or ballot proposition or question, but it does include 23 professional services volunteered by individuals for which they 24 ordinarily would be paid a fee or wage; 25 (ii) services provided by an accountant or other person 26 to prepare reports and statements required by this chapter; or 27 (iii) ordinary hospitality in a home; 28 (4) "expenditure" 29 (A) means a purchase or a transfer of money or anything of 30 value, or promise or agreement to purchase or transfer money or anything of 31 value, incurred or made for the purpose of
01 (i) influencing the nomination or election of a candidate 02 or of any individual who files for nomination at a later date and 03 becomes a candidate; 04 (ii) use by a political party; 05 (iii) the payment by a person other than a candidate or 06 political party of compensation for the personal services of another 07 person that are rendered to a candidate or political party; or 08 (iv) influencing the outcome of a ballot proposition or 09 question; 10 (B) does not include a candidate's filing fee or the cost of 11 preparing reports and statements required by this chapter; 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 to influence the outcome of one or more 17 elections and who take action the major purpose of which is to influence the 18 outcome of an election; a group that makes expenditures or receives 19 contributions with the authorization or consent, express or implied, or under the 20 control, direct or indirect, of a candidate shall be considered to be controlled 21 by that candidate; a group whose major purpose is to further the nomination, 22 election, or candidacy of only one person, or intends to expend more than 50 23 percent of its money on a single candidate, shall be considered to be controlled 24 by that candidate and its actions done with the candidate's knowledge and 25 consent unless, within 10 days from the date the candidate learns of the 26 existence of the group the candidate files with the commission, on a form 27 provided by the commission, an affidavit that the group is operating without 28 the candidate's control; a group organized for more than one year preceding an 29 election and endorsing candidates for more than one office or more than one 30 political party is presumed not to be controlled by a candidate; however, a 31 group that contributes more than 50 percent of its money to or on behalf of one
01 candidate shall be considered to support only one candidate for purposes of 02 AS 15.13.070, whether or not control of the group has been disclaimed by the 03 candidate; 04 (6) "immediate family" means the spouse, parents, children, including 05 a stepchild and an adoptive child, and siblings of an individual; 06 (7) "independent expenditure" means an expenditure that is made 07 without the direct or indirect consultation or cooperation with, or at the suggestion or 08 the request of, or with the prior consent of, a candidate, a candidate's campaign 09 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 10 of the candidate; 11 (8) "individual" means a natural person; 12 (9) "person" has the meaning given in AS 01.10.060, and includes a 13 labor union and a group; 14 (10) "political party" means 15 (A) an organized group of voters that represents a political 16 program and that nominated a candidate for governor who received at least 17 three percent of the total votes cast at any one of the last five preceding general 18 elections for governor; and 19 (B) a subordinate unit of the organized group of voters 20 qualifying as a political party under (A) of this paragraph if, consistent with the 21 rules or bylaws of the political party, the unit conducts or supports campaign 22 operations in a municipality, neighborhood, election district, or precinct; 23 (11) "publicly funded entity" means a person, other than an individual, 24 that receives half or more of the money on which it operates during a calendar year 25 from government, including a public corporation. 26 * Sec. 24. AS 15.56 is amended by adding new sections to read: 27 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 28 Except as provided in AS 15.56.014 and 15.56.016, a person commits the crime of 29 campaign misconduct in the first degree if the person knowingly engages in conduct 30 that violates a provision of AS 15.13 or a regulation adopted under authority of 31 AS 15.13.
01 (b) Violation of this section is a corrupt practice. 02 (c) Campaign misconduct in the first degree is a class A misdemeanor. 03 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. 04 (a) A person commits the crime of campaign misconduct in the second degree if the 05 person 06 (1) knowingly circulates or has written, printed or circulated a letter, 07 circular, or publication relating to an election, to a candidate at an election, or an 08 election proposition or question without the name and address of the author appearing 09 on its face; 10 (2) except as provided by AS 15.13.090(b), knowingly prints or 11 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 12 radio announcement or other communication intended to influence the election of a 13 candidate or outcome of a ballot proposition or question without the words "paid for 14 by" followed by the name and address of the candidate, group or individual paying for 15 the advertising or communication and, if a candidate or group, with the name of the 16 campaign chair; 17 (3) knowingly writes or prints and circulates, or has written, printed and 18 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 19 radio or television 20 (A) containing false factual information relating to a candidate 21 for an election; 22 (B) that the person knows to be false; and 23 (C) that would provoke a reasonable person under the 24 circumstances to a breach of the peace or that a reasonable person would 25 construe as damaging to the candidate's reputation for honesty, integrity, or the 26 candidate's qualifications to serve if elected to office. 27 (b) Violation of this section is a corrupt practice. 28 (c) Campaign misconduct in the second degree is a class B misdemeanor. 29 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 30 A person commits the crime of campaign misconduct in the third degree if 31 (1) the person violates a provision of AS 15.13 or a regulation adopted
01 under AS 15.13; or 02 (2) during the hours the polls are open and after election judges have 03 posted warning notices as required by AS 15.15.170 or at the required distance in the 04 form and manner prescribed by the chief municipal elections official in a local 05 election, the person is within 200 feet of an entrance to a polling place, and 06 (A) violates AS 15.15.170; or 07 (B) circulates cards, handbills, or marked ballots, or posts 08 political signs or posters relating to a candidate at an election or election 09 proposition or question. 10 (b) Campaign misconduct in the third degree is a violation. 11 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 12 PROVISIONS. (a) For purposes of AS 15.56.012(a) and 15.56.016(a)(1), each day 13 a violation continues constitutes a separate offense. 14 (b) When a person is convicted of violating AS 15.56.012, in addition to 15 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 16 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 17 license held by the defendant that allows the defendant to do business in the state. 18 Sec. 15.56.019. DEFINITION. In AS 15.56.012 - 15.56.018, the term 19 "knowingly" has the meaning given in AS 11.81.900(a). 20 * Sec. 25. AS 24.45.121(a) is amended to read: 21 (a) A lobbyist may not 22 (1) engage in any activity as a lobbyist before registering under 23 AS 24.45.041; 24 (2) do anything with the intent of placing a public official under 25 personal obligation to the lobbyist or to the lobbyist's employer; 26 (3) intentionally deceive or attempt to deceive any public official with 27 regard to any material fact pertinent to pending or proposed legislative or 28 administrative action; 29 (4) cause or influence the introduction of a legislative measure solely 30 for the purpose of thereafter being employed to secure its passage or its defeat; 31 (5) cause a communication to be sent to a public official in the name
01 of any fictitious person or in the name of any real person, except with the consent of 02 that person; 03 (6) accept or agree to accept any payment in any way contingent upon 04 the defeat, enactment, or outcome of any proposed legislative or administrative action; 05 (7) serve as a member of a state board, or commission, if the lobbyist's 06 employer may receive direct economic benefit from a decision of that board or 07 commission; 08 (8) serve as a campaign manager or director, serve as a campaign 09 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 10 fund-raising event, directly or indirectly collect contributions for, or deliver 11 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 12 activity of a legislative campaign or campaign for governor or lieutenant governor 13 if the lobbyist has registered, or is required to register as a lobbyist, under this 14 chapter, during the calendar year; this paragraph does not apply to a representational 15 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and 16 does not prohibit a lobbyist from making personal contributions to a candidate as 17 authorized by AS 15.13 or personally advocating on behalf of a candidate; 18 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 19 person covered by AS 24.60, during a legislative session, a gift, other than food or 20 beverage for immediate consumption; 21 (10) make or offer a gift or a campaign contribution whose acceptance 22 by the person to whom it is offered would violate AS 24.60. 23 * Sec. 26. AS 24.60.031(b) is amended to read: 24 (b) In this section, "contribution" has the meaning given in AS 15.13.400 25 [AS 15.13.130]. 26 * Sec. 27. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 27 * Sec. 28. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 28 construed to avoid a conflict with any federal law that, under the supremacy clause of art. VI 29 of the United States Constitution, prevails over the state provision. 30 * Sec. 29. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 31 If a court determines that, under the federal or state constitutions, persons who are not
01 individuals must be allowed to contribute to candidates or groups, then the requirements, 02 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 03 * Sec. 30. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 04 application thereof to any person or circumstance, is held invalid, the remainder of this Act 05 and the application to other persons or circumstances is not affected thereby. 06 * Sec. 31. TAKING EFFECT OF ACT MADE CONDITIONAL. Sections 1 - 30 of this 07 Act take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and 08 AS 15.45.210, the lieutenant governor determines that secs. 1 - 30 of this Act are substantially 09 the same as the law proposed to be enacted by the Initiative entitled "An Initiative relating to 10 election campaign financing and the Alaska Public Offices Commission; and providing for an 11 effective date," identified by the division of elections as Initiative Petition 95 CFPO, filed with 12 the lieutenant governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 13 * Sec. 32. If secs. 1 - 30 of this Act take effect, AS 15.13.112(b)(2) and (3), added by sec. 14 18 of this Act, take effect July 1, 1996. 15 * Sec. 33. If secs. 1 - 30 of this Act take effect, except as provided by sec. 32 of this Act, 16 they take effect January 1, 1997.