CSSB 191(FIN): "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 SENATE BILL NO. 191(FIN) 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 or oppose 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, or a 06 political group, as that term is defined in AS 15.60, that seeks to influence 07 the outcome of an election. 08 * Sec. 3. AS 15.13.010(a) is amended to read: 09 (a) This chapter applies 10 (1) in every election for governor, lieutenant governor, a member of the 11 state legislature, a delegate to a constitutional convention, or judge seeking electoral 12 confirmation; 13 (2) [. IT ALSO APPLIES] to every candidate for election to a municipal 14 office in a municipality with a population of more than 1,000 inhabitants according to 15 the latest United States census figures or estimates of population certified as correct for 16 administrative purposes by the Department of Community and Regional Affairs unless 17 the municipality has exempted itself from the provisions of this chapter; a [. A] 18 municipality may exempt its elected municipal officers from the requirements of this 19 chapter if a majority of the voters voting on the question at a regular election, as defined 20 by AS 29.71.800(20), or a special municipality-wide election called for that purpose, 21 votes [VOTE] to exempt its elected municipal officers from the requirements of this 22 chapter; the [. THE] question of exemption from the requirements of this chapter may 23 be submitted by the governing body by ordinance or by initiative election. [THIS 24 CHAPTER DOES NOT PROHIBIT A MUNICIPALITY FROM REGULATING BY 25 ORDINANCE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.] 26 * Sec. 4. AS 15.13.010 is amended by adding a new subsection to read: 27 (c) This chapter does not prohibit a municipality from regulating by ordinance 28 election campaign contributions and expenditures in municipal elections, or from 29 regulating those campaign contributions and expenditures more strictly than provided in 30 this chapter. 31 * Sec. 5. AS 15.13.040(a) is amended to read:
01 (a) Except as provided in (g) of this section, each [EACH] candidate shall 02 make a full report, upon a form prescribed by the commission, listing the date and 03 amount of all expenditures made by the candidate, the total amount of all contributions, 04 including all funds contributed by the candidate, and for all contributions in excess of 05 $100 in the aggregate a year, the name, address, principal occupation, and employer of 06 the contributor and the date and amount contributed by each contributor. The report 07 shall be filed in accordance with AS 15.13.110 and shall be certified correct by the 08 candidate or campaign treasurer. 09 * Sec. 6. AS 15.13.040(d) is amended to read: 10 (d) Every individual, person, or group making a contribution or expenditure shall 11 make a full report, upon a form prescribed by the commission, of the following 12 contributions or expenditures: 13 (1) any contribution of cash, goods, or services valued at more than $250 14 a year to any group or candidate; or 15 (2) unless exempted from reporting by (h) of this section, any 16 expenditure whatsoever for advertising in newspapers or other periodicals, on radio, or 17 on television; or, for the publication, distribution, or circulation of brochures, flyers, or 18 other campaign material for any candidate or ballot proposition or question. 19 * Sec. 7. AS 15.13.040 is amended by adding new subsections to read: 20 (g) The provisions of (a) of this section do not apply if a candidate 21 (1) indicates, on a form prescribed by the commission, an intent not to 22 raise and not to expend more than $2,500 in seeking election to office, including both 23 the primary and general elections; 24 (2) accepts contributions totaling not more than $2,500 in seeking 25 election to office, including both the primary and general elections; and 26 (3) makes expenditures totaling not more than $2,500 in seeking 27 election to office, including both the primary and general elections. 28 (h) The provisions of (d)(2) of this section do not apply to one or more 29 expenditures made by an individual acting independently of any group and 30 independently of any other individual if the expenditures 31 (1) cumulatively do not exceed $250 during a calendar year; and
01 (2) are made only for billboards, signs, or printed material concerning 02 a ballot proposition or question. 03 * Sec. 8. AS 15.13.050 is amended to read: 04 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 05 (a) Before [EACH GROUP, BEFORE] making an expenditure in support [ON 06 BEHALF] of [,] or in opposition to [,] a candidate or before making an expenditure 07 in support of or in opposition to a ballot proposition or question, each person other 08 than an individual [A CONTRIBUTION TO A CANDIDATE] shall register, on forms 09 provided by the commission, with the commission. 10 (b) If a [THE] group intends to support [OR OPPOSE] only one candidate, or 11 to contribute to or expend on behalf of [, OR IN OPPOSITION TO,] one candidate 12 33 1/3 [50] percent or more of its funds, the name of the candidate shall be a part of the 13 name of the group. If the group intends to oppose only one candidate, or to 14 contribute its funds in opposition to or make expenditures in opposition to a 15 candidate, the name of the candidate whom the group opposes may not appear 16 as a part of the name of the group. Promptly upon receiving the registration, the 17 commission shall notify the candidate of the group's organization and intent. 18 * Sec. 9. AS 15.13 is amended by adding new sections to read: 19 Sec. 15.13.065. WHO MAY MAKE CONTRIBUTIONS. (a) Individuals, 20 groups, and political parties may make contributions to a candiate. An individual may 21 make a contribution to a group or to a political party. 22 (b) A political party may contribute to a subordinate unit of the political party, 23 and a subordinate unit of a political party may contribute to the political party of 24 which it is a subordinate unit. 25 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following 26 may make an expenditure in an election for candidates for elective office: 27 (1) the candidate; 28 (2) an individual; and 29 (3) a group that has registered under AS 15.13.050. 30 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 31 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL
01 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 02 to the limitations of this chapter and AS 24.45, including the limitations on the 03 maximum amounts set out in this section. 04 (b) An individual may contribute not more than 05 (1) $500 per year to a candidate, to an individual who conducts a write- 06 in campaign as a candidate, or to a group that is not a political party; 07 (2) $5,000 per year to a political party. 08 (c) A group that is not a political party may contribute not more than $1,000 09 per year 10 (1) to a candidate, or to an individual who conducts a write-in 11 campaign as a candidate; or 12 (2) to another group or to a political party. 13 (d) A political party may contribute to a candidate, or to an individual who 14 conducts a write-in campaign, for the following offices an amount not to exceed 15 (1) $100,000 per year, if the election is for governor or lieutenant 16 governor; 17 (2) $15,000 per year, if the election is for the state senate; 18 (3) $10,000 per year, if the election is for the state house of 19 representatives; and 20 (4) $5,000 per year, if the election is for 21 (A) delegate to a constitutional convention; 22 (B) judge seeking retention; or 23 (C) municipal office. 24 * Sec. 11. AS 15.13 is amended by adding new sections to read: 25 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 26 OF CONTRIBUTIONS. (a) A candidate or an individual who has filed with the 27 commission the document necessary to permit that individual to incur election-related 28 expenses under AS 15.13.100 may not solicit or accept a contribution from 29 (1) a person not authorized by law to make a contribution; 30 (2) an individual who is not a resident of the state at the time the 31 contribution is made except as provided in (e) of this section;
01 (3) a group organized under the laws of another state, resident in 02 another state, or whose participants are not residents of this state at the time the 03 contribution is made; or 04 (4) a person registered as a lobbyist if the contribution violates 05 AS 15.13.074(g) or AS 24.45.121(a)(8). 06 (b) A candidate or an individual who has filed with the commission the 07 document necessary to permit the individual to incur election-related expenses under 08 AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds 09 $100. 10 (c) An individual, or one acting directly or indirectly on behalf of that 11 individual, may not solicit or accept a contribution 12 (1) before the date for which contributions may be made as determined 13 under AS 15.13.074(c)(1) - (3); or 14 (2) later than the day after which contributions may not be made as 15 determined under AS 15.13.074(c)(4). 16 (d) A candidate or an individual who has filed with the commission the 17 document necessary to permit that individual to incur election-related expenses under 18 AS 15.13.100 may not solicit or accept a contribution if the legislature is convened in 19 a regular or special legislative session, and the candidate or individual is a member of 20 the legislature, or employed as a member of the legislator's staff or as a member of 21 the staff of a legislative committee. 22 (e) A candidate or an individual who has filed with the commission the 23 document necessary to permit that individual to incur election-related expenses under 24 AS 15.13.100 may solicit or accept contributions from an individual who is not a 25 resident of the state at the time the contribution is made if the amounts contributed by 26 individuals who are not residents do not exceed 27 (1) $20,000, if the candidate or individual is seeking the office of 28 governor or lieutenant governor; 29 (2) $5,000, if the candidate or individual is seeking the office of state 30 senator; 31 (3) $3,000, if the candidate or individual is seeking the office of state
01 representative or municipal or other office. 02 (f) A group or political party may solicit or accept contributions from an 03 individual who is not a resident of the state at the time the contribution is made, but 04 the amounts accepted from individuals who are not residents may not exceed 10 05 percent of total contributions made to the group or political party during the calendar 06 or group year in which the contributions are received. 07 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person or group 08 may not make a contribution if the making of the contribution would violate this 09 chapter. 10 (b) A person or group may not make a contribution anonymously, using a 11 fictitious name, or using the name of another. 12 (c) A person or group may not make a contribution 13 (1) to a candidate for governor or lieutenant governor or an individual 14 who files with the commission the document necessary to permit that individual to 15 incur certain election-related expenses as authorized by AS 15.13.100 for governor or 16 lieutenant governor, when the office is to be filled at a general election, before the 17 later of the following dates: 18 (A) the date the individual 19 (i) becomes a candidate; or 20 (ii) files with the commission the document necessary 21 to permit the individual to incur certain election-related expenses as 22 authorized by AS 15.13.100; or 23 (B) January 1 of the year of the general election; 24 (2) to a candidate for the state legislature or an individual who files 25 with the commission the document necessary to permit that individual to incur certain 26 election-related expenses as authorized by AS 15.13.100 for the state legislature, when 27 the office is to be filled at a general election, while the legislature is convened in its 28 regular legislative session and 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
01 to permit the individual to incur certain election-related expenses as 02 authorized by AS 15.13.100; or 03 (B) January 1 of the year of the general election; 04 (3) to a candidate or an individual who files with the commission the 05 document necessary to permit that individual to incur certain election-related expenses 06 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 07 municipal election before the later of the following dates: 08 (A) the date the individual 09 (i) becomes a candidate; or 10 (ii) files with the commission the document necessary 11 to permit that individual to incur certain election-related expenses as 12 authorized by AS 15.13.100; 13 (B) is nine months before the date of the general or regular 14 municipal election or that is before the date of the proclamation of the special 15 election at which the candidate or individual seeks election to public office; or 16 (4) to any candidate later than the 45th day 17 (A) after the date of a primary election if the candidate 18 (i) has been nominated at the primary election or is 19 running as a write-in candidate; and 20 (ii) is not opposed at the general election; 21 (B) after the date of the primary election if the candidate was 22 not nominated at the primary election; or 23 (C) after the date of the general election, or after the date of a 24 municipal or municipal runoff election, if the candidate was opposed at the 25 general, municipal, or municipal runoff election. 26 (d) A person or group may not make a contribution to a candidate or a person 27 or group who is prohibited by AS 15.13.072(c) from accepting it. 28 (e) A person or group may not make a cash contribution that exceeds $100. 29 (f) A corporation, company, partnership, firm, association, organization, 30 business trust or surety, labor union, or publicly funded entity that does not satisfy the 31 definition of group in AS 15.13.400 may not make a contribution to a candidate or
01 group. 02 (g) An individual required to register as a lobbyist under AS 24.45 may not 03 make a contribution to a candidate for the legislature at any time the individual is 04 subject to the registration requirement under AS 24.45 and for one year after the date 05 of the individual's initial registration or its renewal. However, the individual may 06 make a contribution under this section to a candidate for the legislature in a district in 07 which the individual is eligible to vote or will be eligible to vote on the date of the 08 election. An individual who is subject to the restrictions of this subsection shall report 09 to the commission, on a form provided by the commission, each contribution made 10 while required to register as a lobbyist under AS 24.45. This subsection does not 11 apply to a representational lobbyist as defined in regulations of the commission. 12 (h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 13 governor and a group that is not a political party and that, under the definition of the 14 term "group," is presumed to be controlled by a candidate for governor or lieutenant 15 governor, may not make a contribution to a candidate for another office, to a person 16 who conducts a write-in campaign as a candidate for other office, or to another group 17 of amounts received by that candidate or controlled group as contributions between 18 January 1 and the date of the general election of the year of a general election for an 19 election for governor and lieutenant governor. This subsection does not prohibit 20 (1) the group described in this subsection from making contributions 21 to the candidates for governor and lieutenant governor whom the group supports; or 22 (2) the governor or lieutenant governor, or the group described in this 23 subsection, from making contributions under AS 15.13.116(a)(3)(A). 24 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 25 contribution to a 26 (1) candidate may be received only by 27 (A) the candidate; or 28 (B) the candidate's campaign treasurer or a deputy campaign 29 treasurer; 30 (2) group may be received only by the group's campaign treasurer or a 31 deputy treasurer.
01 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 02 (a) The provisions of this chapter do not prohibit the individual who is a candidate from 03 giving any amount of the candidate's own money or other thing of value to the campaign 04 of the candidate. Donations made by the candidate to the candidate's own campaign 05 shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. 06 (b) The provisions of this chapter do not prohibit the individual who is a 07 candidate from lending any amount to the campaign of the candidate. Loans made by 08 the candidate shall be reported as contributions in accordance with AS 15.13.040 and 09 15.13.110. However, the candidate may not 10 (1) recover, under this section and AS 15.13.116(a)(5), the amount of a 11 loan made by the candidate to the candidate's own campaign that exceeds 12 (A) $25,000, if the candidate ran for governor or lieutenant 13 governor; 14 (B) $10,000, if the candidate ran for 15 (i) the legislature; or 16 (ii) delegate to a constitutional convention; 17 (C) $10,000, if the candidate was a judge seeking retention; 18 (D) $5,000, if the candidate ran in a municipal election; or 19 (2) repay a loan that the candidate has made to the candidate's own 20 campaign unless, within five days of making the loan, the candidate notifies the 21 commission, on a form provided by the commission, of the candidate's intention to repay 22 the loan under AS 15.13.116(a)(5). 23 (c) On and after the date determined under AS 15.13.110 as the last day of the 24 period ending three days before the due date of the report required to be filed under 25 AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a 26 candidate may not give or loan to the candidate's campaign the candidate's money or 27 other thing of value of the candidate in an amount that exceeds $5,000. 28 (d) The provisions of this section apply only to the individual who is a 29 candidate, as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize 30 a contribution or loan under this section by an individual described in the definition of 31 the term "candidate" under AS 15.13.400(1)(B).
01 * Sec. 12. AS 15.13.080 is amended to read: 02 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 03 following shall file statements as required by this section: 04 (1) an individual who contributes to a candidate 05 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 06 A CANDIDATE OVER] $250; or 07 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 08 with a value of more than $250; 09 (2) an individual who, during the period between the 90th day before 10 an election and the date of the election, contributes to more than one group and 11 whose aggregate contributions to all groups, in money or in the value of goods and 12 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 13 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 14 A FORM MADE AVAILABLE BY THE COMMISSION]. 15 (b) An individual required to file a contributor's statement under (a) of this 16 section shall file on a form made available by the commission. The statement must 17 (1) identify the contributor and the candidate and all groups 18 receiving contributions; 19 (2) [SHALL] itemize the contributions and goods; and 20 (3) state that the contributor is not [A PERSON OR GROUP] prohibited 21 by law from contributing and that the contribution consists of funds or property 22 belonging to the contributor and has not been given or furnished by another person or 23 group. 24 (c) The contributor's statement shall be filed with the commission by the 25 contributor no later than 10 days after the contribution is made. [A COPY OF THE 26 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 27 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 28 CONTRIBUTION IS MADE.] 29 * Sec. 13. AS 15.13 is amended by adding new sections to read: 30 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 31 group may not make an expenditure in cash that exceeds $100 unless the candidate, or
01 the campaign treasurer or deputy campaign treasurer, obtains from the person to whom 02 the expenditure is made a written receipt and files a copy of the receipt with the 03 commission. 04 (b) A candidate or group may not make an expenditure unless the source of the 05 expenditure has been disclosed as required by this chapter. 06 (c) If a candidate receives a contribution in the form of cash, check, money 07 order, or other negotiable instrument and is subject to being reported to the commission 08 under this chapter, the candidate may neither expend the contribution nor, in the case of 09 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 10 deputy campaign treasurer first records the following information for disclosure to the 11 commission: 12 (1) the name, address, principal occupation, and employer of the 13 contributor; and 14 (2) the date and amount of the contribution. 15 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 16 expenditure 17 (1) anonymously, unless the expenditure is 18 (A) paid for by an individual acting independently of any group 19 and independently of any other individual; 20 (B) made to influence the outcome of a ballot proposition or 21 question; and 22 (C) made for 23 (i) a billboard or sign; or 24 (ii) printed material, other than an advertisement made in 25 a newspaper or other periodical; 26 (2) using a fictitious name or using the name of another. 27 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 28 expenditure 29 (1) authorized by or in behalf of a candidate may be made only by 30 (A) the candidate; or 31 (B) the candidate's campaign treasurer or a deputy campaign
01 treasurer; 02 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 03 made only by the group's campaign treasurer. 04 * Sec. 14. AS 15.13.090 is amended by adding a new subsection to read: 05 (b) The provisions of (a) of this section do not apply when the advertisement 06 (1) is paid for by an individual acting independently of any group and 07 independently of any other individual; 08 (2) is made to influence the outcome of a ballot proposition or question; 09 and 10 (3) is made for 11 (A) a billboard or sign; or 12 (B) printed material other than an advertisement made in a 13 newspaper or other periodical. 14 * Sec. 15. AS 15.13.110(a) is amended to read: 15 (a) Each candidate and group shall make a full report in accordance with 16 AS 15.13.040 for the period ending three days before the due date of the report and 17 beginning on the last day covered by the most recent previous report. If the report is a 18 first report, it shall cover the period from the beginning of the campaign to the date three 19 days before the due date of the report. If the report is a report due February 15, it shall 20 cover the period beginning on the last day covered by the most recent previous report 21 or on the day that the campaign started, whichever is later, and ending on December 31 22 of the prior year. The report shall be filed 23 (1) 30 days before the election; however, this report is not required if the 24 deadline for filing a nominating petition or declaration of candidacy is within 30 days 25 of the election; 26 (2) one week before the election; 27 (3) 10 days after the election; and 28 (4) February 15 for expenditures made and contributions received that 29 were not reported during the previous year, including, if applicable, all amounts 30 expended from a legislative office account established under AS 15.13.116(a)(9) and 31 all amounts expended from a municipal office account under AS 15.13.116(a)(10),
01 or when expenditures were not made or contributions were not received during the 02 previous year. 03 * Sec. 16. AS 15.13.110(b) is amended to read: 04 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 05 within nine days of the election shall be reported to the commission by date, amount, and 06 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 07 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 08 * Sec. 17. AS 15.13.110(c) is amended to read: 09 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 10 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 11 filed with the commission's central office and shall be kept open to public inspection. 12 Within 30 days after each election, the commission shall prepare a summary of each 13 report which shall be made available to the public at cost upon request. Each summary 14 shall use uniform categories of reporting. 15 * Sec. 18. AS 15.13 is amended by adding new sections to read: 16 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 17 CANDIDATE OR GROUP. (a) Except as otherwise provided, campaign contributions 18 held by a candidate or group may be used only to pay the expenses of the candidate or 19 group, and the campaign expenses incurred by the candidate or group, that reasonably 20 relate to election campaign activities, and in those cases only as authorized by this 21 chapter. 22 (b) Campaign contributions held by a candidate or group may not be 23 (1) used to give a personal benefit to the candidate or to another person; 24 (2) converted to personal income of the candidate; 25 (3) loaned to a person; 26 (4) knowingly used to pay more than the fair market value for goods or 27 services purchased for the campaign; 28 (5) used to pay a criminal fine; 29 (6) used to pay civil penalties; however, campaign contributions held by 30 a candidate or group may be used to pay a civil penalty assessed under this chapter if 31 authorized by the commission or a court after it first determines that
01 (A) the candidate, campaign treasurer, and deputy campaign 02 treasurer did not cause or participate in the violation for which the civil penalty 03 is imposed and exercised a reasonable level of oversight over the campaign; and 04 (B) the candidate, campaign treasurer, and deputy campaign 05 treasurers cooperated in the revelation of the violation and in its immediate 06 correction; or 07 (7) used to make contributions to another candidate or to a group. 08 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 09 candidate or group that receives and accepts a contribution given in violation of 10 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 11 prohibited, return it to the contributor. A candidate or group that receives and accepts 12 a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall 13 immediately, upon discovery of the prohibited excess contribution, return the excess to 14 the contributor. If the contribution or excess amount cannot be returned in the same 15 form, the equivalent value of the contribution or excess amount shall be returned. 16 (b) An anonymous contribution is forfeited to the state unless the contributor is 17 identified within five days of its receipt. Money that forfeits to the state under this 18 subsection shall be delivered immediately to the Department of Revenue for deposit in 19 the general fund. 20 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 21 ELECTION. (a) A candidate who, after the date of the general, special, municipal, or 22 municipal runoff election or after the date the candidate withdraws as a candidate, 23 whichever comes first, holds unused campaign contributions shall distribute the amount 24 held within 90 days. The distribution may only be made to 25 (1) pay bills incurred for expenditures reasonably related to the campaign 26 and the winding up of the affairs of the campaign, and to pay expenditures associated 27 with post-election fund raising that may be needed to raise funds to pay off campaign 28 debts; 29 (2) pay for a victory or a thank you party costing less than $500, or to 30 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 31 (3) make donations, without condition, to
01 (A) a political party; 02 (B) the state's general fund; 03 (C) a municipality of the state; or 04 (D) the federal government; 05 (4) make donations, without condition, to organizations qualified as 06 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 07 controlled by the candidate or a member of the candidate's immediate family; 08 (5) repay loans from the candidate to the candidate's own campaign 09 under AS 15.13.078(b); 10 (6) repay contributions to contributors, but only if repayment of the 11 contribution is made pro rata in approximate proportion to the contributions made using 12 one of the following, as the candidate determines: 13 (A) to all contributors; 14 (B) to contributors who have contributed most recently; or 15 (C) to contributors who have made larger contributions; 16 (7) establish a fund for, and from that fund to pay, attorney fees or costs 17 incurred in the prosecution or defense of an administrative or civil judicial action that 18 directly concerns a challenge to the victory or defeat of the candidate in the election; 19 (8) transfer all or a portion of the unused campaign contributions to an 20 account for a future election campaign; a transfer under this paragraph is limited to 21 (A) $50,000, if the transfer is made by a candidate for governor 22 or lieutenant governor; 23 (B) $10,000, if the transfer is made by a candidate for the state 24 senate; 25 (C) $5,000, if the transfer is made by a candidate for the state 26 house of representatives; and 27 (D) $5,000, if the transfer is made by a candidate for an office 28 not described in (A) - (C) of this paragraph; 29 (9) transfer all or a portion of the unused campaign contributions to a 30 legislative office account; a transfer under this paragraph is subject to the following: 31 (A) the authority to transfer is limited to candidates who are
01 elected to the state legislature; 02 (B) the legislative office account established under this paragraph 03 may be used only for expenses associated with the candidate's serving as a 04 member of the legislature; 05 (C) all amounts expended from the legislative office account shall 06 be annually accounted for under AS 15.13.110(a)(4); and 07 (D) a transfer under this paragraph is limited to $2,500 per 08 election district represented by the candidate elected to the state legislature 09 multiplied by the number of years in the term to which the candidate is elected; 10 and 11 (10) transfer all or a portion of the unused campaign contributions to 12 a municipal office account; a transfer under this paragraph is subject to the following: 13 (A) the authority to transfer is limited to candidates who are 14 elected to municipal office, including a municipal school board; 15 (B) the municipal office account established under this 16 paragraph may be used only for expenses associated with the candidate's 17 serving as mayor or as a member of the assembly, city council, or school 18 board; 19 (C) all amounts expended from the municipal office account 20 shall be annually accounted for under AS 15.13.110(a)(4); and 21 (D) a transfer under this paragraph is limited to $5,000. 22 (b) After a general, special, municipal, or municipal runoff election, a candidate 23 may retain the ownership of one computer and one printer and of personal property, 24 except money, that was acquired by and for use in the campaign. The current fair 25 market value of the property retained, exclusive of the computer and printer, may not 26 exceed $2,500. All other property shall be disposed of, or sold and the sale proceeds 27 disposed of, in accordance with (a) or (c) of this section. 28 (c) Property remaining after disbursements are made under (a) - (b) of this 29 section is forfeited to the state. Within 30 days, the candidate shall deliver the property 30 to the Department of Revenue. The Department of Revenue shall deposit any money 31 received into the general fund and dispose of any other property in accordance with law.
01 * Sec. 19. AS 15.13.120(d) is repealed and reenacted to read: 02 (d) A member of the commission, the commission's executive director, or a 03 person who believes a violation of this chapter or a regulation adopted under this chapter 04 has occurred or is occurring may file an administrative complaint with the commission 05 within four years of the date of the alleged violation. If a member of the commission 06 has filed the complaint, that member may not participate as a commissioner in any 07 proceeding of the commission with respect to the complaint. If the commission accepts 08 the complaint and opens a preliminary investigation, it shall do so within 90 days of the 09 filing date of the complaint and shall investigate the complaint. After affording the 10 respondent notice and an opportunity to be heard, if the commission finds that the 11 respondent has engaged in or is about to engage in an act or practice that constitutes or 12 will constitute a violation of this chapter or a regulation adopted under it, the commission 13 shall enter an order requiring the violation to be ceased or to be remedied, and shall 14 assess civil penalties under AS 15.13.125. A commission order may be appealed to the 15 superior court by either the complainant or respondent within 30 days. The commission 16 or the commission's executive director shall promptly report to the attorney general 17 concerning any acts or practices that may constitute violations of this chapter or 18 regulations adopted under this chapter, or concerning the violation of any order of the 19 commission. 20 * Sec. 20. AS 15.13.120(e) is repealed and reenacted to read: 21 (e) If the commission does not open a preliminary investigation within 90 days 22 of the filing date of the complaint or complete action on the complaint within 180 days 23 of the filing, the complainant may file a complaint in superior court alleging a violation 24 of this chapter by a respondent in the administrative complaint. The complainant may 25 provide copies of the complaint filed in the superior court to the commission and the 26 attorney general. The state may intervene in a timely manner. A complaint may not be 27 filed in superior court under this subsection if more than two years have elapsed from 28 the date of the alleged violation. This subsection does not create a private cause of 29 action against the commission. 30 * Sec. 21. AS 15.13.125 is amended to read: 31 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS.
01 A person who fails to file a properly completed and certified report within the time 02 required by AS 15.13.040(d) - (f), 15.13.050, 15.13.060(b) - (d), 15.13.080(c) 03 [AS 15.13.040(f)], 15.13.110(a)(1), (3), or (4), (e), or (f) [OR 15.13.110(f)] is subject 04 to a civil penalty of not more than $50 [$10] a day for each day the delinquency 05 continues as determined by the commission subject to right of appeal to the superior 06 court. A person who fails to file a properly completed and certified report within the 07 time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not 08 more than $500 [$50] a day for each day the delinquency continues as determined by the 09 commission subject to right of appeal to the superior court. A person who violates a 10 provision of this chapter, except a provision requiring filing of a report within a 11 time required as otherwise specified in this subsection, is subject to a civil penalty 12 of not more than $50 a day for each day the violation continues as determined by 13 the commission, subject to right of appeal to the superior court. An affidavit stating 14 facts in mitigation may be submitted to the commission by a person against whom a civil 15 penalty is assessed. However, the imposition of the penalties prescribed in this section 16 or in AS 15.13.120 does not excuse that person from filing reports required by this 17 chapter. 18 * Sec. 22. AS 15.13.125 is amended by adding new subsections to read: 19 (b) When an administrative complaint has been filed under AS 15.13.120(d), the 20 commission shall give the respondent due notice and an opportunity to be heard. If, at 21 the conclusion of the hearing, the commission determines that the respondent engaged 22 in the alleged violation, the commission shall assess 23 (1) civil penalties under (a) of this section; 24 (2) the commission's costs of investigation and adjudication; and 25 (3) reasonable attorney fees. 26 (c) The commission's determination under (b) of this section may be appealed 27 to the superior court under AS 44.62 (Administrative Procedure Act). 28 (d) When an action has been filed in the superior court under AS 15.13.120(e), 29 upon proof of the violation, the court shall enter a judgment in the amount of the civil 30 penalty authorized to be collected by (a) of this section. 31 (e) If the commission or superior court finds that the violation was not a repeat
01 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 02 corrected, and had no adverse effect on the campaign of another, the commission or the 03 court may 04 (1) suspend imposition of the penalties; and 05 (2) order the penalties set aside if the person does not engage in a similar 06 violation for a period of one year. 07 (f) A party who has filed a civil action under AS 15.13.120(e) 08 (1) is not entitled to trial by jury on the civil action; 09 (2) is not entitled to be represented by legal counsel at public expense. 10 * Sec. 23. AS 15.13 is amended by adding new sections to read: 11 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 12 CANDIDATES. (a) Only an individual or group may make an independent 13 expenditure supporting or opposing a candidate for election to public office. An 14 independent expenditure supporting or opposing a candidate for election to public 15 office shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 16 and other requirements of this chapter. 17 (b) An individual or group who makes independent expenditures for a mass 18 mailing, for distribution of campaign literature of any sort, for a television, radio, 19 newspaper or magazine advertisement, or any other communication that supports or 20 opposes a candidate for election to public office 21 (1) shall comply with AS 15.13.090; and 22 (2) shall place the following statement in the mailing, literature, 23 advertisement, or other communication so that it is readily and easily discernible: 24 This NOTICE TO VOTERS is required by Alaska law. (I/we) 25 certify that this (mailing/literature/advertisement) is not authorized, paid 26 for, or approved by the candidate. 27 Sec. 15.13.137. RESTRICTIONS ON CONTRIBUTIONS TO INDIVIDUALS 28 MAKING INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES. 29 An individual who makes an independent expenditure supporting or opposing a 30 candidate may not accept a contribution to help pay for the expenditure from another 31 individual or group that exceeds the amount an individual may contribute to a group
01 under AS 15.13.070(b)(2). 02 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 03 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a 04 person from making independent expenditures in support of or in opposition to a ballot 05 proposition or question. 06 (b) An independent expenditure for or against a ballot proposition or question 07 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 08 15.13.110 and other requirements of this chapter; and 09 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 10 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 11 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 12 following may not use money held by the entity to influence the outcome of the 13 election of a candidate to a state or municipal office: 14 (1) the state, its agencies, and its corporations; 15 (2) the University of Alaska and its Board of Regents; 16 (3) municipalities, school districts, and regional educational attendance 17 areas, or another political subdivision of the state; and 18 (4) an officer or employee of an entity identified in (1) - (3) of this 19 subsection. 20 (b) Money held by an entity identified in (a)(1) - (3) of this section may be 21 used to influence the outcome of an election concerning a ballot proposition or 22 question, but only if the funds have been specifically appropriated for that purpose by 23 a state law or a municipal ordinance. 24 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 25 used 26 (1) to disseminate information about the time and place of an election 27 and to hold an election; 28 (2) to provide the public with nonpartisan information about a ballot 29 proposition or question or about all the candidates seeking election to a particular 30 public office. 31 (d) When expenditure of money is authorized by (b) or (c) of this section and
01 is used to influence the outcome of an election, the expenditures shall be reported to 02 the commission in the same manner as an individual is required to report under 03 AS 15.13.040. 04 Sec. 15.13.150. ELECTION EDUCATIONAL ACTIVITIES NOT 05 PROHIBITED. This chapter does not prohibit a person from engaging in educational 06 election-related communications and activities, including 07 (1) the publication of the date and location of an election; 08 (2) the education of students about voting and elections; 09 (3) the sponsorship of open candidate debate forums; 10 (4) participation in get-out-the-vote or voter registration drives that do 11 not favor a particular candidate, political party, or political position; 12 (5) the dissemination of the views of all candidates running for a 13 particular office. 14 Sec. 15.13.155. RESTRICTIONS ON EARNED INCOME AND 15 HONORARIA. (a) A candidate for the state legislature, for governor, or for 16 lieutenant governor, including an individual campaigning as a write-in candidate for 17 the office, may not 18 (1) seek or accept compensation for personal services that involves 19 payments that are not commensurate with the services rendered taking into account the 20 higher rates generally charged by specialists in a profession; or 21 (2) accept a payment of anything of value, except for actual and 22 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 23 not apply to the salary paid to the candidate for making an appearance or speech as 24 part of the candidate's normal course of employment. 25 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 26 governor, or for lieutenant governor, including an individual campaigning as a write-in 27 candidate for the office, may accept a payment for an appearance or speech if the 28 appearance or speech is not connected with the individual's status as a state official or 29 as a candidate. 30 Sec. 15.13.400. DEFINITIONS. In this chapter, 31 (1) "candidate"
01 (A) means an individual who files for election to the state 02 legislature, for governor, for lieutenant governor, for municipal office, for 03 retention in judicial office, or for constitutional convention delegate, or who 04 campaigns as a write-in candidate for any of these offices; and 05 (B) when used in a provision of this chapter that limits or 06 prohibits the donation, solicitation, or acceptance of campaign contributions, or 07 limits or prohibits an expenditure, includes 08 (i) a candidate's campaign treasurer and a deputy 09 campaign treasurer; 10 (ii) a member of the candidate's immediate family; 11 (iii) a person acting as agent for the candidate; 12 (iv) the candidate's campaign committee; and 13 (v) a group that makes expenditures or receives 14 contributions with the authorization or consent, express or implied, or 15 under the control, direct or indirect, of the candidate; 16 (2) "commission" means the Alaska Public Offices Commission; 17 (3) "contribution" 18 (A) means a purchase, payment, promise or obligation to pay, 19 loan or loan guarantee, deposit or gift of money, goods, or services for which 20 charge is ordinarily made and that is made for the purpose of influencing the 21 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose 22 of influencing a ballot proposition or question, including the payment by a 23 person other than a candidate or political party, or compensation for the 24 personal services of another person, that are rendered to the candidate or 25 political party; 26 (B) does not include 27 (i) services provided without compensation by 28 individuals volunteering a portion or all of their time on behalf of a 29 candidate or ballot proposition or question, but it does include 30 professional services volunteered by individuals for which they 31 ordinarily would be paid a fee or wage;
01 (ii) services provided by an accountant or other person 02 to prepare reports and statements required by this chapter; or 03 (iii) ordinary hospitality in a home; 04 (4) "expenditure" 05 (A) means a purchase or a transfer of money or anything of 06 value, or promise or agreement to purchase or transfer money or anything of 07 value, incurred or made for the purpose of 08 (i) influencing the nomination or election of a candidate 09 or of any individual who files for nomination at a later date and 10 becomes a candidate; 11 (ii) use by a political party; 12 (iii) the payment by a person other than a candidate or 13 political party of compensation for the personal services of another 14 person that are rendered to a candidate or political party; or 15 (iv) influencing the outcome of a ballot proposition or 16 question; 17 (B) does not include a candidate's filing fee or the cost of 18 preparing reports and statements required by this chapter; 19 (5) "group" means 20 (A) every state and regional executive committee of a political 21 party; and 22 (B) any combination of two or more individuals acting jointly 23 who organize for the principal purpose to influence the outcome of one or more 24 elections and who take action the major purpose of which is to influence the 25 outcome of an election; a group that makes expenditures or receives 26 contributions with the authorization or consent, express or implied, or under the 27 control, direct or indirect, of a candidate shall be considered to be controlled 28 by that candidate; a group whose major purpose is to further the nomination, 29 election, or candidacy of only one individual, or intends to expend more than 30 50 percent of its money on a single candidate, shall be considered to be 31 controlled by that candidate and its actions done with the candidate's
01 knowledge and consent unless, within 10 days from the date the candidate 02 learns of the existence of the group the candidate files with the commission, 03 on a form provided by the commission, an affidavit that the group is operating 04 without the candidate's control; a group organized for more than one year 05 preceding an election and endorsing candidates for more than one office or 06 more than one political party is presumed not to be controlled by a candidate; 07 however, a group that contributes more than 50 percent of its money to or on 08 behalf of one candidate shall be considered to support only one candidate for 09 purposes of AS 15.13.070, whether or not control of the group has been 10 disclaimed by the candidate; 11 (6) "immediate family" means the spouse, parents, children, including 12 a stepchild and an adoptive child, and siblings of an individual; 13 (7) "independent expenditure" means an expenditure that is made 14 without the direct or indirect consultation or cooperation with, or at the suggestion or 15 the request of, or with the prior consent of, a candidate, a candidate's campaign 16 treasurer or deputy campaign treasurer, or another person acting as a principal or agent 17 of the candidate; 18 (8) "individual" means a natural person; 19 (9) "person" has the meaning given in AS 01.10.060, and includes a 20 labor union and a group; 21 (10) "political party" means 22 (A) an organized group of voters that represents a political 23 program and that nominated a candidate for governor who received at least 24 three percent of the total votes cast at any one of the last five preceding general 25 elections for governor; and 26 (B) a subordinate unit of the organized group of voters 27 qualifying as a political party under (A) of this paragraph if, consistent with the 28 rules or bylaws of the political party, the unit conducts or supports campaign 29 operations in a municipality, neighborhood, election district, or precinct; 30 (11) "publicly funded entity" means a person, other than an individual, 31 that receives half or more of the money on which it operates during a calendar year
01 from government, including a public corporation. 02 * Sec. 24. AS 15.56 is amended by adding new sections to read: 03 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 04 Except as provided in AS 15.56.014 and 15.56.016, a person commits the crime of 05 campaign misconduct in the first degree if the person knowingly engages in conduct 06 that violates a provision of AS 15.13 or a regulation adopted under authority of 07 AS 15.13. 08 (b) Violation of this section is a corrupt practice. 09 (c) Campaign misconduct in the first degree is a class A misdemeanor. 10 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. 11 (a) A person commits the crime of campaign misconduct in the second degree if the 12 person 13 (1) knowingly circulates or has written, printed or circulated a letter, 14 circular, or publication relating to an election, to a candidate at an election, or an 15 election proposition or question without the name and address of the author appearing 16 on its face; 17 (2) except as provided by AS 15.13.090(b), knowingly prints or 18 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 19 radio announcement or other communication intended to influence the election of a 20 candidate or outcome of a ballot proposition or question without the words "paid for 21 by" followed by the name and address of the candidate, group or individual paying for 22 the advertising or communication and, if a candidate or group, with the name of the 23 campaign chair; 24 (3) knowingly writes or prints and circulates, or has written, printed and 25 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 26 radio or television 27 (A) containing false factual information relating to a candidate 28 for an election; 29 (B) that the person knows to be false; and 30 (C) that would provoke a reasonable person under the 31 circumstances to a breach of the peace or that a reasonable person would
01 construe as damaging to the candidate's reputation for honesty, integrity, or the 02 candidate's qualifications to serve if elected to office. 03 (b) Violation of this section is a corrupt practice. 04 (c) Campaign misconduct in the second degree is a class B misdemeanor. 05 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 06 A person commits the crime of campaign misconduct in the third degree if 07 (1) the person violates a provision of AS 15.13 or a regulation adopted 08 under AS 15.13; or 09 (2) during the hours the polls are open and after election judges have 10 posted warning notices as required by AS 15.15.170 or at the required distance in the 11 form and manner prescribed by the chief municipal elections official in a local 12 election, the person is within 200 feet of an entrance to a polling place, and 13 (A) violates AS 15.15.170; or 14 (B) circulates cards, handbills, or marked ballots, or posts 15 political signs or posters relating to a candidate at an election or election 16 proposition or question. 17 (b) Campaign misconduct in the third degree is a violation. 18 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 19 PROVISIONS. (a) For purposes of AS 15.56.012(a) and 15.56.016(a)(1), each day 20 a violation continues constitutes a separate offense. 21 (b) When a person is convicted of violating AS 15.56.012, in addition to 22 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 23 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 24 license held by the defendant that allows the defendant to do business in the state. 25 Sec. 15.56.019. DEFINITION. In AS 15.56.012 - 15.56.018, the term 26 "knowingly" has the meaning given in AS 11.81.900(a). 27 * Sec. 25. AS 24.45.121(a) is amended to read: 28 (a) A lobbyist may not 29 (1) engage in any activity as a lobbyist before registering under 30 AS 24.45.041; 31 (2) do anything with the intent of placing a public official under
01 personal obligation to the lobbyist or to the lobbyist's employer; 02 (3) intentionally deceive or attempt to deceive any public official with 03 regard to any material fact pertinent to pending or proposed legislative or 04 administrative action; 05 (4) cause or influence the introduction of a legislative measure solely 06 for the purpose of thereafter being employed to secure its passage or its defeat; 07 (5) cause a communication to be sent to a public official in the name 08 of any fictitious person or in the name of any real person, except with the consent of 09 that person; 10 (6) accept or agree to accept any payment in any way contingent upon 11 the defeat, enactment, or outcome of any proposed legislative or administrative action; 12 (7) serve as a member of a state board, or commission, if the lobbyist's 13 employer may receive direct economic benefit from a decision of that board or 14 commission; 15 (8) serve as a campaign manager or director, serve as a campaign 16 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 17 fund-raising event, directly or indirectly collect contributions for, or deliver 18 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 19 activity of a legislative campaign or campaign for governor or lieutenant governor 20 if the lobbyist has registered, or is required to register as a lobbyist, under this 21 chapter, during the calendar year; this paragraph does not apply to a representational 22 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and 23 does not prohibit a lobbyist from making personal contributions to a candidate as 24 authorized by AS 15.13 or personally advocating on behalf of a candidate; 25 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a 26 person covered by AS 24.60, during a legislative session, a gift, other than food or 27 beverage for immediate consumption; 28 (10) make or offer a gift or a campaign contribution whose acceptance 29 by the person to whom it is offered would violate AS 24.60. 30 * Sec. 26. AS 24.60.031(b) is amended to read: 31 (b) In this section, "contribution" has the meaning given in AS 15.13.400
01 [AS 15.13.130]. 02 * Sec. 27. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed. 03 * Sec. 28. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 04 construed to avoid a conflict with any federal law that, under the United States Constitution, 05 prevails over the state provision. 06 * Sec. 29. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 07 If a court determines that, under the federal or state constitutions, persons who are not 08 individuals must be allowed to contribute to candidates or groups, then the requirements, 09 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 10 * Sec. 30. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 11 application thereof to any person or circumstance, is held invalid, the remainder of this Act 12 and the application to other persons or circumstances is not affected thereby. 13 * Sec. 31. CAMPAIGN ASSET BALANCE HELD ON EFFECTIVE DATE OF THIS 14 SECTION. A person who was a candidate as that term is defined by AS 15.13.400, added 15 by sec. 23 of this Act, and who, on the effective date of this section, holds unused campaign 16 contributions obtained while the person was a candidate and before the effective date of this 17 section may, notwithstanding AS 15.13.116, added by sec. 18 of this Act, retain those unused 18 campaign contributions for a future election campaign. The person's use of the campaign 19 contribution balance in a future election campaign makes those unused campaign contributions 20 subject to the provisions of AS 15.13.010 - 15.13.400 relating to the use of campaign 21 contributions, including AS 15.13.116, added by sec. 18 of this Act, relating to disbursement 22 of campaign assets after election at the conclusion of that future election campaign. 23 * Sec. 32. TAKING EFFECT OF ACT MADE CONDITIONAL. Sections 1 - 31 of this 24 Act take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and 25 AS 15.45.210, the lieutenant governor determines that secs. 1 - 31 of this Act are substantially 26 the same as the law proposed to be enacted by the Initiative entitled "An Initiative relating to 27 election campaign financing and the Alaska Public Offices Commission; and providing for an 28 effective date," identified by the division of elections as Initiative Petition 95 CFPO, filed with 29 the lieutenant governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 30 * Sec. 33. If secs. 1 - 31 of this Act take effect, they take effect January 1, 1997. 31 * Sec. 34. Section 32 of this Act takes effect immediately under AS 01.10.070(c).