00HOUSE BILL NO. 466                                                                                                    
01 "An Act relating to violations of state election laws."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 15.56.014(a) is amended to read:                                                                  
04  (a)  A person commits the crime of campaign misconduct in the second degree                                           
05 if the 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                                      

01 for the advertising or communication and, if a candidate or group, with the name of                                     
02 the campaign chair [;                                                                                                   
03   (3)  KNOWINGLY WRITES OR PRINTS AND CIRCULATES, OR                                                                   
04 HAS WRITTEN, PRINTED AND CIRCULATED, A LETTER, CIRCULAR, BILL,                                                          
05 PLACARD, POSTER, OR ADVERTISEMENT IN A NEWSPAPER, ON RADIO OR                                                           
06 TELEVISION                                                                                                              
07   (A)  CONTAINING FALSE FACTUAL INFORMATION                                                                           
08 RELATING TO A CANDIDATE FOR AN ELECTION;                                                                                
09   (B)  THAT THE PERSON KNOWS TO BE FALSE; AND                                                                         
10   (C)  THAT WOULD PROVOKE A REASONABLE PERSON                                                                         
11 UNDER THE CIRCUMSTANCES TO A BREACH OF THE PEACE OR                                                                     
12 THAT A REASONABLE PERSON WOULD CONSTRUE AS DAMAGING                                                                     
13 TO THE CANDIDATE'S REPUTATION FOR HONESTY, INTEGRITY, OR                                                                
14 THE CANDIDATE'S QUALIFICATIONS TO SERVE IF ELECTED TO                                                                   
15 OFFICE].                                                                                                                
16    * Sec. 2.  AS 15.56 is amended by adding a new section to read:                                                    
17  Sec. 15.56.027.  Campaign misconduct involving false information.  (a)  A                                           
18 person commits the crime of campaign misconduct involving false information if the                                      
19 person disseminates false or misleading information, knowing that the information is                                    
20 false or with reckless disregard for whether the information is false, and the                                          
21 information                                                                                                             
22   (1)  relates to a candidate for an election; and                                                                     
23   (2)  would provoke a reasonable person under the circumstances to a                                                  
24 breach of the peace or that a reasonable person would construe as damaging to the                                       
25 candidate's reputation for honesty, integrity, or qualification to serve if elected to                                  
26 office.                                                                                                                 
27  (b)  Violation of this section is a corrupt practice.  However, notwithstanding                                       
28 AS 15.20.540, only a defeated candidate may contest the nomination or election of a                                     
29 person for violation of this section.                                                                                   
30  (c)  In this section, "disseminates" means to convey to another person by any                                         
31 means.                                                                                                                  

01  (d)  Publication campaign misconduct is a class C felony.                                                             
02    * Sec. 3.  AS 15.56.025 is repealed.                                                                               
03   * Sec. 4.  APPLICABILITY.  This Act applies to offenses committed on or after the                                   
04 effective date of this Act.