HB 401: "An Act relating to state election campaigns, the duties of the Alaska Public Offices Commission, the reporting and disclosure of expenditures and independent expenditures, the filing of reports, and the identification of certain communications in state election campaigns; and providing for an effective date."
00 HOUSE BILL NO. 401 01 "An Act relating to state election campaigns, the duties of the Alaska Public Offices 02 Commission, the reporting and disclosure of expenditures and independent 03 expenditures, the filing of reports, and the identification of certain communications in 04 state election campaigns; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.13.010(b) is amended to read: 07 (b) Except as otherwise provided, this chapter applies to contributions, 08 expenditures, and communications made [BY A CANDIDATE, GROUP, 09 NONGROUP ENTITY, MUNICIPALITY OR INDIVIDUAL] for the purpose of 10 influencing the outcome of a ballot proposition or question as well as those made to 11 influence the nomination or election of a candidate. 12 * Sec. 2. AS 15.13.030 is amended to read: 13 Sec. 15.13.030. Duties of the commission. The commission shall 14 (1) develop and provide all forms for the reports and statements
01 required to be made under this chapter, AS 24.45, and AS 39.50; 02 (2) prepare and publish a manual setting out uniform methods of 03 bookkeeping and reporting for use by persons required to make reports and statements 04 under this chapter and otherwise assist all persons [CANDIDATES, GROUPS, AND 05 INDIVIDUALS] in complying with the requirements of this chapter; 06 (3) receive and hold open for public inspection reports and statements 07 required to be made under this chapter and, upon request, furnish copies at cost to 08 interested persons; 09 (4) compile and maintain a current list of all filed reports and 10 statements; 11 (5) prepare a summary of each report filed under AS 15.13.110 and 12 make copies of this summary available to interested persons at their actual cost; 13 (6) notify, by registered or certified mail, all persons who are 14 delinquent in filing reports and statements required to be made under this chapter; 15 (7) examine, investigate, and compare all reports, statements, and 16 actions required by this chapter, AS 24.45, and AS 39.50; 17 (8) prepare and publish a biennial report concerning the activities of 18 the commission, the effectiveness of this chapter, its enforcement by the attorney 19 general's office, and recommendations and proposals for change; the commission shall 20 notify the legislature that the report is available; 21 (9) adopt regulations necessary to implement and clarify the provisions 22 of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 23 (Administrative Procedure Act); and 24 (10) consider a written request for an advisory opinion concerning the 25 application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. 26 * Sec. 3. AS 15.13.040(d) is amended to read: 27 (d) Every [INDIVIDUAL,] person [, NONGROUP ENTITY, OR GROUP] 28 making an expenditure shall make a full report of expenditures, upon a form 29 prescribed by the commission, unless exempt from reporting. 30 * Sec. 4. AS 15.13.040(e) is amended to read: 31 (e) Each person [THE REPORT] required to report under (d) of this section
01 shall file a full report in accordance with AS 15.13.110(g) on a form prescribed by 02 the commission. If the report is filed by a person that is not an individual, the 03 report must be certified as correct by the treasurer or fiscal officer of the person. 04 The report must contain 05 (1) the name, address, principal occupation, and employer of the 06 individual filing the report; 07 (2) [, AND] an itemized list of all expenditures made, incurred, or 08 authorized by the person; 09 (3) the name of the candidate or the title of the ballot proposition 10 or question supported or opposed by each expenditure and whether the 11 expenditure is made to support or oppose the candidate or ballot proposition or 12 question; 13 (4) the name and address of each officer and director of the 14 person, when applicable; 15 (5) the aggregate amount of all contributions made to the person, 16 if any, for the purpose of influencing the outcome of an election; for all 17 contributions to the person that exceed $100 in the aggregate in a year, the date 18 of the contribution and amount contributed by each contributor; and for a 19 contributor 20 (A) who is an individual, the name, address, principal 21 occupation, and employer of the contributor; or 22 (B) that is not an individual, the name and address of the 23 contributor and the name and address of each officer and director of the 24 contributor [EXPENDITURES. THE REPORT SHALL BE FILED WITH 25 THE COMMISSION NO LATER THAN 10 DAYS AFTER THE 26 EXPENDITURE IS MADE]. 27 * Sec. 5. AS 15.13.040(h) is amended to read: 28 (h) The provisions of (d) of this section do not apply to one or more 29 expenditures made by an individual acting independently of any other person 30 [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF ANY OTHER 31 INDIVIDUAL] if the expenditures
01 (1) cumulatively do not exceed $500 during a calendar year; and 02 (2) are made only for billboards, signs, or printed material concerning 03 a ballot proposition as that term is defined by AS 15.13.065(c). 04 * Sec. 6. AS 15.13.040(p) is amended to read: 05 (p) For purposes of (b), (e), and (j) of this section, "contributor" means the 06 true source of the funds, property, or services being contributed. 07 * Sec. 7. AS 15.13.082(b) is amended to read: 08 (b) A person, other than an individual exempt from reporting under 09 AS 15.13.040(h), [CANDIDATE, GROUP, OR NONGROUP ENTITY] may not 10 make an expenditure unless the source of the expenditure has been disclosed as 11 required by this chapter. 12 * Sec. 8. AS 15.13.084 is amended to read: 13 Sec. 15.13.084. Prohibited expenditures. A person may not make an 14 expenditure 15 (1) anonymously, unless the expenditure is 16 (A) paid for by an individual acting independently of any 17 person [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF 18 ANY OTHER INDIVIDUAL]; 19 (B) made to influence the outcome of a ballot proposition as 20 that term is defined by AS 15.13.065(c); and 21 (C) made for 22 (i) a billboard or sign; or 23 (ii) printed material, other than an advertisement made 24 in a newspaper or other periodical; 25 (2) using a fictitious name or using the name of another. 26 * Sec. 9. AS 15.13.086 is amended to read: 27 Sec. 15.13.086. Authorized makers of expenditures. An expenditure 28 (1) authorized by or on [IN] behalf of a candidate may be made only 29 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 on [IN] behalf of a group 03 may be made only by the group's campaign treasurer. 04 * Sec. 10. AS 15.13.090 is amended to read: 05 Sec. 15.13.090. Identification of communication. (a) All communications 06 shall be clearly identified by the words "paid for by" followed by the name and 07 address of the person [CANDIDATE, GROUP, NONGROUP ENTITY, OR 08 INDIVIDUAL] paying for the communication. In addition, 09 (1) candidates and groups may identify the name of their campaign 10 chairperson; and 11 (2) a person other than a candidate, an individual, or a political 12 party shall clearly 13 (A) identify the person's principal officer and the officer's 14 title; 15 (B) include a statement from the principal officer 16 approving the communication; 17 (C) provide the address of the person's principal place of 18 business; 19 (D) identify the person's 10 largest contributors under 20 AS 15.13.040(e)(5), if any, during the 12-month period before the date of 21 the communication, with the words "top 10 contributors"; and 22 (E) state that the communication, if made to influence the 23 outcome of an election for elective office, is not authorized or approved by 24 any candidate. 25 (b) The provisions of (a) of this section do not apply when the communication 26 (1) is paid for by an individual acting independently of any other 27 person [GROUP OR NONGROUP ENTITY AND INDEPENDENTLY OF ANY 28 OTHER INDIVIDUAL]; 29 (2) is made to influence the outcome of a ballot proposition as that 30 term is defined by AS 15.13.065(c); and 31 (3) is made for
01 (A) a billboard or sign; or 02 (B) printed material other than an advertisement made in a 03 newspaper or other periodical. 04 * Sec. 11. AS 15.13.090 is amended by adding a new subsection to read: 05 (c) A person other than a candidate, individual, or political party may not 06 make a communication under (a) of this section unless the person's principal officer 07 has certified to the commission in writing that the officer has reviewed the 08 communication, and, based on the officer's knowledge, the communication is not 09 defamatory and does not contain any defamatory statements. 10 * Sec. 12. AS 15.13.110 is amended by adding a new subsection to read: 11 (g) An expenditure report required under AS 15.13.040(e) shall be filed with 12 the commission not later than three days after an expenditure has been made. An 13 expenditure report filed under this subsection must include any expenditure not yet 14 reported that was made before the filing of the report. However, an expenditure that 15 exceeds $250 and that is made within nine days of an election shall be reported to the 16 commission not later than 24 hours after the expenditure is made. 17 * Sec. 13. AS 15.13.111(a) is amended to read: 18 (a) Each [CANDIDATE, GROUP, NONGROUP ENTITY, OR] person 19 required to report under this chapter shall preserve all records necessary to substantiate 20 information required to be reported under this chapter for a period of six years from 21 the date of the election for which the information was required to be reported, unless 22 the records have been submitted to the commission under (c) of this section. 23 * Sec. 14. AS 15.13.135 is amended to read: 24 Sec. 15.13.135. Independent expenditures for or against candidates. (a) 25 [ONLY AN INDIVIDUAL, GROUP, OR NONGROUP ENTITY MAY MAKE AN 26 INDEPENDENT EXPENDITURE SUPPORTING OR OPPOSING A CANDIDATE 27 FOR ELECTION TO PUBLIC OFFICE.] An independent expenditure supporting or 28 opposing a candidate for election to public office, except an independent expenditure 29 made by a nongroup entity with an annual operating budget of $250 or less, shall be 30 reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other 31 requirements of this chapter.
01 (b) A person [AN INDIVIDUAL, GROUP, OR NONGROUP ENTITY] who 02 makes independent expenditures for a mass mailing, for distribution of campaign 03 literature of any sort, for a television, radio, newspaper, or magazine advertisement, or 04 any other communication that supports or opposes a candidate for election to public 05 office 06 (1) shall comply with AS 15.13.090; and 07 (2) shall place the following statement in the mailing, literature, 08 advertisement, or other communication so that it is readily and easily discernible: 09 This NOTICE TO VOTERS is required by Alaska law. (I/we) certify 10 that this (mailing/literature/advertisement) is not authorized, paid for, 11 or approved by the candidate. 12 * Sec. 15. AS 15.13.067 and 15.13.140(a) are repealed. 13 * Sec. 16. This Act takes effect immediately under AS 01.10.070(c).