CSSB 363(STA) am: "An Act relating to communications and elections, to reporting of contributions and expenditures, and to campaign misconduct in the second degree; relating to disclosure by individuals of contributions to candidates; and providing for an effective date."
00 CS FOR SENATE BILL NO. 363(STA) am 01 "An Act relating to communications and elections, to reporting of contributions and 02 expenditures, and to campaign misconduct in the second degree; relating to disclosure 03 by individuals of contributions to candidates; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13.040(d) is repealed and reenacted to read: 06 (d) Every individual, person, or group making an expenditure shall make a full 07 report of expenditures, upon a form prescribed by the commission, unless exempt 08 from reporting. 09 * Sec. 2. AS 15.13.040(e) is amended to read: 10 (e) The report required under (d) of this section must contain the name, 11 address, principal occupation, and employer of the individual filing the report, and an 12 itemized list of expenditures. The report shall be filed with the commission [BY THE 13 CONTRIBUTOR] no later than 10 days after the [CONTRIBUTION OR] expenditure 14 is made. [A COPY OF THE REPORT SHALL BE FURNISHED TO THE
01 CANDIDATE, CAMPAIGN TREASURER, OR DEPUTY CAMPAIGN 02 TREASURER AT THE TIME THE CONTRIBUTION IS MADE.] 03 * Sec. 3. AS 15.13.040(h) is amended to read: 04 (h) The provisions of (d) [(d)(2)] of this section do not apply to one or more 05 expenditures made by an individual acting independently of any group and 06 independently of any other individual if the expenditures 07 (1) cumulatively do not exceed $250 during a calendar year; and 08 (2) are made only for billboards, signs, or printed material concerning 09 a ballot proposition as that term is defined by AS 15.13.065(c). 10 * Sec. 4. AS 15.13.040 is amended by adding a new subsection to read: 11 (j) Every individual, person, nongroup entity, or group contributing more than 12 $500 to a group organized for the principal purpose of influencing the outcome of a 13 proposition shall report the contribution or contributions on a form prescribed by the 14 commission not later than 30 days after the contribution that requires the contributor to 15 report under this subsection is made. The report must include the name, address, 16 principal occupation, and employer of the individual filing the report and the amount 17 of the contribution, as well as the total amount of contributions made to that group by 18 that individual, person, nongroup entity, or group during the calendar year. 19 * Sec. 5. AS 15.13.090 is amended to read: 20 Sec. 15.13.090. Identification of communication. (a) All 21 [ADVERTISEMENTS, BILLBOARDS, HANDBILLS, PAID-FOR TELEVISION 22 AND RADIO ANNOUNCEMENTS, AND OTHER] communications [INTENDED 23 TO INFLUENCE THE ELECTION OF A CANDIDATE OR OUTCOME OF A 24 BALLOT PROPOSITION OR QUESTION] shall be clearly identified by the words 25 "paid for by" followed by the name and address of the candidate, group, or individual 26 paying for the communication [ADVERTISING]. In addition, candidates and groups 27 must identify the name of their campaign chairperson. 28 (b) The provisions of (a) of this section do not apply when the 29 communication [ADVERTISEMENT] 30 (1) is paid for by an individual acting independently of any group and 31 independently of any other individual;
01 (2) is made to influence the outcome of a ballot proposition as that 02 term is defined by AS 15.13.065(c); and 03 (3) is made for 04 (A) a billboard or sign; or 05 (B) printed material other than an advertisement made in a 06 newspaper or other periodical. 07 * Sec. 6. AS 15.13.380(c) is amended to read: 08 (c) Promptly after the final date for filing statements and reports, the 09 commission shall notify all persons who have become delinquent in filing them [, 10 INCLUDING CONTRIBUTORS WHO FAILED TO FILE A STATEMENT IN 11 ACCORDANCE WITH AS 15.13.040,] and shall make available a list of these 12 delinquents for public inspection. The commission shall also report to the attorney 13 general the names of all candidates in an election whose campaign treasurers have 14 failed to file the reports required by this chapter. 15 * Sec. 7. AS 15.13.390(a) is amended to read: 16 (a) A person who fails to register when required by AS 15.13.050(a) or who 17 fails to file a properly completed and certified report within the time required by 18 AS 15.13.040 [AS 15.13.040(d) - (f)], 15.13.060(b) - (d), [15.13.080(c),] 19 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50 20 a day for each day the delinquency continues as determined by the commission subject 21 to right of appeal to the superior court. A person who fails to file a properly 22 completed and certified report within the time required by AS 15.13.110(a)(2) or 23 15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the 24 delinquency continues as determined by the commission subject to right of appeal to 25 the superior court. A person who violates a provision of this chapter, except a 26 provision requiring registration or filing of a report within a time required as otherwise 27 specified in this section, is subject to a civil penalty of not more than $50 a day for 28 each day the violation continues as determined by the commission, subject to right of 29 appeal to the superior court. An affidavit stating facts in mitigation may be submitted 30 to the commission by a person against whom a civil penalty is assessed. However, the 31 imposition of the penalties prescribed in this section or in AS 15.13.380 does not
01 excuse that person from registering or filing reports required by this chapter. 02 * Sec. 8. AS 15.13.400(4) is amended to read: 03 (4) "expenditure" 04 (A) means a purchase or a transfer of money or anything of 05 value, or promise or agreement to purchase or transfer money or anything of 06 value, incurred or made for the purpose of 07 (i) influencing the nomination or election of a candidate 08 or of any individual who files for nomination at a later date and 09 becomes a candidate; 10 (ii) use by a political party; 11 (iii) the payment by a person other than a candidate or 12 political party of compensation for the personal services of another 13 person that are rendered to a candidate or political party; or 14 (iv) influencing the outcome of a ballot proposition or 15 question; 16 (B) does not include a candidate's filing fee or the cost of 17 preparing reports and statements required by this chapter; 18 (C) includes an express communication and an 19 electioneering communication, but does not include an issues 20 communication; 21 * Sec. 9. AS 15.13.400 is amended by adding new paragraphs to read: 22 (13) "communication" means an announcement or advertisement 23 disseminated through print or broadcast media, including radio, television, cable, and 24 satellite, the Internet, or through a mass mailing, excluding those placed by an 25 individual or nongroup entity and costing $500 or less and those that do not directly or 26 indirectly identify a candidate or proposition, as that term is defined in AS 27 15.13.065(c); 28 (14) "electioneering communication" means a communication that 29 (A) directly or indirectly identifies a candidate; 30 (B) addresses an issue of national, state, or local political 31 importance and attributes a position on that issue to the candidate identified;
01 and 02 (C) occurs within the 30 days preceding a primary election or a 03 municipal election, or within the 60 days preceding a general election; 04 (15) "express communication" means a communication that, when 05 read as a whole, and with limited reference to external events, is susceptible of no 06 other reasonable interpretation but as an exhortation to vote for or against a specific 07 candidate; 08 (16) "issues communication" means a communication that 09 (A) directly or indirectly identifies a candidate; and 10 (B) addresses an issue of national, state, or local political 11 importance. 12 * Sec. 10. AS 15.56.014(a) is amended to read: 13 (a) A person commits the crime of campaign misconduct in the second degree 14 if the person 15 (1) knowingly circulates or has written, printed or circulated a letter, 16 circular, or publication relating to an election, to a candidate at an election, or an 17 election proposition or question without the name and address of the author appearing 18 on its face; 19 (2) except as provided by AS 15.13.090(b), knowingly prints or 20 publishes an advertisement, billboard, placard, poster, handbill, paid-for television or 21 radio announcement, or [OTHER] communication, as that term is defined in 22 AS 15.13.400, intended to influence the election of a candidate or outcome of a ballot 23 proposition or question without the words "paid for by" followed by the name and 24 address of the candidate, group, or individual paying for the advertising or 25 communication and, if a candidate or group, with the name of the campaign chair; 26 (3) knowingly makes a communication, as that term is defined in 27 AS 15.13.400, [WRITES OR PRINTS AND CIRCULATES, OR HAS WRITTEN, 28 PRINTED AND CIRCULATED, A LETTER, CIRCULAR, BILL, PLACARD, 29 POSTER, OR ADVERTISEMENT IN A NEWSPAPER, ON RADIO OR 30 TELEVISION] 31 (A) containing false factual information relating to a candidate
01 for an election; 02 (B) that the person knows to be false; and 03 (C) that would provoke a reasonable person under the 04 circumstances to a breach of the peace or that a reasonable person would 05 construe as damaging to the candidate's reputation for honesty or [,] integrity, 06 or to the candidate's qualifications to serve if elected to office. 07 * Sec. 11. AS 15.13.080 is repealed. 08 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).