SB 43: "An Act relating to campaign finance and initiatives; relating to elections and voting; and relating to unlawful interference with voting."
00 SENATE BILL NO. 43 01 "An Act relating to campaign finance and initiatives; relating to elections and voting; 02 and relating to unlawful interference with voting." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.040(s) is amended to read: 05 (s) Every individual, person, nongroup entity, or group that contributes more 06 than $2,000 in the aggregate in a calendar year to an entity that made one or more 07 independent expenditures in one or more [CANDIDATE] elections in the previous 08 election cycle, that is making one or more independent expenditures in one or more 09 [CANDIDATE] elections in the current election cycle, or that the contributor knows 10 or has reason to know is likely to make independent expenditures in one or more 11 [CANDIDATE] elections in the current election cycle shall report making the 12 contribution or contributions on a form prescribed by the commission not later than 24 13 hours after the contribution that requires the contributor to report under this subsection 14 is made. The report must include the name, address, principal occupation, and
01 employer of the individual filing the report and the amount of the contribution, as well 02 as the total amount of contributions made to that entity by that individual, person, 03 nongroup entity, or group during the calendar year. For purposes of this subsection, 04 the reporting contributor is required to report and certify the true sources of the 05 contribution, and intermediaries, if any. The [, AS DEFINED BY AS 15.13.400(18). 06 THIS] contributor is also required to provide the identity of the true source to the 07 recipient of the contribution simultaneously with providing the contribution itself. 08 * Sec. 2. AS 15.13.065(c) is amended to read: 09 (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for 10 the requirements of AS 15.13.050, 15.13.060, 15.13.074(b), 15.13.112, and 15.13.114 11 [AND 15.13.112 - 15.13.114], the provisions of AS 15.13.010 - 15.13.116 do not 12 apply to limit the authority of a person to make contributions to influence the outcome 13 of a ballot proposition. In this subsection, in addition to its meaning in AS 15.80.010, 14 "proposition" includes 15 (1) an issue placed on a ballot to determine whether 16 (A) a constitutional convention shall be called; 17 (B) a debt shall be contracted; 18 (C) an advisory question shall be approved or rejected; or 19 (D) a municipality shall be incorporated; 20 (2) an initiative proposal application filed with the lieutenant governor 21 under AS 15.45.020. 22 * Sec. 3. AS 15.13.110(k) is amended to read: 23 (k) Once contributions from an individual, person, nongroup entity, or group 24 to an entity that made one or more independent expenditures in one or more 25 [CANDIDATE] elections in the previous election cycle, that is making one or more 26 independent expenditures in one or more [CANDIDATE] elections in the current 27 election cycle, or that the contributor knows or has reason to know is likely to make 28 independent expenditures in one or more [CANDIDATE] elections in the current 29 election cycle exceed $2,000 in a single year, the receiving [THAT] entity shall report 30 that contribution, and all subsequent contributions, not later than 24 hours after 31 receiving the contribution [RECEIPT]. For purposes of this subsection, the entity is
01 required to certify and report the true source [,] and all intermediaries, if any, of the 02 contribution [AS DEFINED BY AS 15.13.400(18)]. 03 * Sec. 4. AS 15.13.400(19) is amended to read: 04 (19) "outside-funded entity" means an entity that makes one or more 05 independent expenditures in one or more [CANDIDATE] elections and that, during 06 the previous 12-month period, received more than 50 percent of its aggregate 07 contributions from true sources, or their equivalents, who, at the time of the 08 contribution, resided or had their principal place of business outside the state 09 [ALASKA]. 10 * Sec. 5. AS 15.20.081 is amended by adding a new subsection to read: 11 (m) A voter who needs assistance may request assistance in marking an 12 absentee ballot from a person who is not a candidate as defined in AS 15.13.400 or a 13 ballot measure campaign employee, volunteer, sponsor, or circulator. A person 14 assisting a voter in marking an absentee ballot shall print the voter's name and the 15 person's name and physical address on the voter's certificate on the envelope, 16 indicating that the person assisted the voter. The person shall sign and date the voter's 17 certificate. 18 * Sec. 6. AS 15.56.035(a) is amended to read: 19 (a) A person commits the crime of unlawful interference with voting in the 20 second degree if the person 21 (1) has an official ballot in possession outside of the voting room 22 unless the person is an election official or other person authorized by law or local 23 ordinance, or by the director or chief municipal elections official in a local election; 24 (2) makes, or knowingly has in possession, a counterfeit of an official 25 election ballot; 26 (3) knowingly solicits or encourages, directly or indirectly, a registered 27 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 28 (4) as a registration official 29 (A) knowingly refuses to register a person who is entitled to 30 register under AS 15.07.030; or 31 (B) accepts a fee from an applicant applying for registration;
01 (5) violates AS 15.20.081(a) by knowingly supplying or encouraging 02 or assisting another person to supply to a voter an absentee ballot application form 03 with a political party or group affiliation indicated if the voter is not already registered 04 as affiliated with that political party or group; 05 (6) knowingly designs, marks, or encourages or assists another person 06 to design or mark an absentee ballot application in a manner that suggests choice of 07 one ballot over another as prohibited by AS 15.20.081(a); [OR] 08 (7) knowingly submits or encourages or assists another person to 09 submit an absentee ballot application to an intermediary who could control or delay 10 the submission of the application to the division of elections or who could gather data 11 from the application form as prohibited by AS 15.20.081(a); 12 (8) violates AS 15.20.081(m) by knowingly assisting a voter in 13 marking an absentee ballot and failing to 14 (A) print the voter's name and the person's name and 15 physical address on the voter's certificate on the envelope; or 16 (B) sign and date the voter's certificate; 17 (9) as a candidate as defined in AS 15.13.400 or a ballot measure 18 campaign employee, volunteer, sponsor, or circulator, knowingly assists a voter 19 in marking an absentee ballot; or 20 (10) knowingly possesses a ballot for a statewide election that was 21 mailed to another person, unless that person is 22 (A) an election official engaged in official duties as 23 authorized by law; 24 (B) an employee of the United States Postal Service engaged 25 in official duties as authorized by law; 26 (C) another individual allowed by law to collect and 27 transmit United States mail, while engaged in official duties as authorized 28 by law; or 29 (D) a family member, household member, or caregiver of 30 the registered voter to whom the ballot was mailed. 31 * Sec. 7. AS 15.56.035 is amended by adding a new subsection to read:
01 (d) In this section, 02 (1) "caregiver" means an individual who provides medical or health 03 care assistance to a voter in a residence, nursing care institution, hospice facility, 04 assisted living center, assisted living facility, assisted living home, residential care 05 institution, adult day health care facility, or adult foster care home; 06 (2) "family member" means an individual who is related to a voter by 07 blood, marriage, adoption, or legal guardianship; 08 (3) "household member" means an individual who resides at the same 09 residence as a voter; 10 (4) "possess" means having physical possession or the exercise of 11 dominion or control of a voter's ballot outside the presence of the voter. 12 * Sec. 8. AS 15.07.130(e)(3) and AS 15.20.800 are repealed. 13 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 15.56.035(a)(8) - (10), enacted by sec. 6 of this Act, apply to 16 offenses committed on or after the effective date of this Act.