CSSB 191(STA): "An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, 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(STA) 01 "An Act relating to election campaigns, election campaign financing, the 02 oversight and regulation of election campaigns by the Alaska Public Offices 03 Commission, the activities of lobbyists that relate to election campaigns, the 04 definitions of offenses of campaign misconduct, and to the use of the net 05 proceeds of charitable gaming activities in election campaigns; and providing for 06 an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that, under existing 09 laws, 10 (1) campaigns for elective public office last too long, are often uninformative, 11 and are too expensive; 12 (2) highly qualified citizens are dissuaded from running for public office due to 13 the high cost of election campaigns; 14 (3) organized special interests are responsible for raising a significant portion of
01 all election campaign funds and may thereby gain an undue influence over election campaigns 02 and elected officials, particularly incumbents; 03 (4) incumbents enjoy a distinct advantage in raising money for election 04 campaigns, and many elected officials raise and carry forward huge surpluses from one campaign 05 to the next, to the disadvantage of challengers; 06 (5) because, under existing laws, candidates are completely free to convert 07 campaign funds to personal income, there is great potential for bribery and political corruption; 08 and 09 (6) penalties for violations of the existing campaign finance laws are far too 10 lenient to deter misconduct. 11 (b) It is the purpose of this Act to substantially revise Alaska's election campaign 12 finance laws in order to restore the public's trust in the electoral process and to foster good 13 government. 14 * Sec. 2. AS 05.15.150(a) is amended to read: 15 (a) The authority to conduct the activity authorized by this chapter is contingent 16 upon the dedication of the net proceeds of the charitable gaming activity to the awarding 17 of prizes to contestants or participants and to political, educational, civic, public, 18 charitable, patriotic, or religious uses in the state. "Political, educational, civic, public, 19 charitable, patriotic, or religious uses" means uses benefiting persons either by bringing 20 them under the influence of education or religion or relieving them from disease, 21 suffering, or constraint, or by assisting them in establishing themselves in life, or by 22 providing for the promotion of the welfare and well-being of the membership of the 23 organization within their own community, or through aiding candidates for public office 24 or groups that support candidates for public office, or by erecting or maintaining public 25 buildings or works, or lessening the burden on government, but does not include 26 (1) the direct or indirect payment of any portion of the net proceeds of 27 a bingo or pull-tab game to a lobbyist registered under AS 24.45; [OR] 28 (2) the erection, acquisition, improvement, maintenance, or repair of real, 29 personal, or mixed property unless it is used exclusively for one or more of the permitted 30 uses; or 31 (3) the direct or indirect payment of any portion of the net proceeds
01 of a charitable gaming activity, except the proceeds of a raffle and lottery, 02 (A) to aid candidates for public office or groups that support 03 candidates for public office; 04 (B) to a political party or to an organization affiliated with 05 a political party; or 06 (C) to a group, as that term is defined in AS 15.13.400, that 07 seeks to influence 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; 23 (2) accepts contributions totaling not more than $2,500 in seeking 24 election; and 25 (3) makes expenditures totaling not more than $2,500 in seeking 26 election. 27 (h) The provisions of (d)(2) of this section do not apply to one or more 28 expenditures made by an individual acting independently of any group and 29 independently of any other individual if the expenditures 30 (1) cumulatively do not exceed $250 during a calendar year; and 31 (2) are made only for billboards, signs, or printed material concerning
01 a ballot proposition or question. 02 * Sec. 8. AS 15.13.050 is amended to read: 03 Sec. 15.13.050. REGISTRATION BEFORE EXPENDITURE [GROUPS]. 04 Before [EACH GROUP, BEFORE] making an expenditure in support [ON BEHALF] 05 of [,] or in opposition to [,] a candidate or before making an expenditure in support 06 of or in opposition to a ballot proposition or question, each person, publicly- 07 funded entity, or group [A CONTRIBUTION TO A CANDIDATE] shall register, on forms 08 provided by the commission, with the commission. If the group intends to support or oppose 09 only one candidate, or to contribute to or expend on behalf of, or in opposition to, one 10 candidate 33 1/3  percent or more of its funds, the name of the candidate shall be a part 11 of the name of the group. Promptly upon receiving the registration, the commission shall 12 notify the candidate of the group's organization and intent. 13 * Sec. 9. AS 15.13 is amended by adding new sections to read: 14 Sec. 15.13.065. WHO MAY MAKE CONTRIBUTIONS. (a) Individuals, 15 groups, and political parties may make contributions to a candidate. An individual 16 may make a contribution to a group or to a political party. 17 (b) A political party may contribute to a subordinate unit of the political party, 18 and a subordinate unit of a political party may contribute to the political party of 19 which it is a subordinate unit. 20 Sec. 15.13.067. WHO MAY MAKE EXPENDITURES. Only the following 21 may make an expenditure in an election for candidates for elective office: 22 (1) the candidate; 23 (2) individuals who are registered under AS 15.13.050; and 24 (3) a group that, if required by AS 15.13.050 to register, is registered, 25 or a group not required to register under AS 15.13.050. 26 * Sec. 10. AS 15.13.070 is repealed and reenacted to read: 27 Sec. 15.13.070. LIMITATIONS ON AMOUNT OF POLITICAL 28 CONTRIBUTIONS. (a) An individual or group may make contributions, subject only 29 to the limitations of this chapter and AS 24.45, including the limitations on the 30 maximum amounts set out in this section. 31 (b) An individual may contribute not more than
01 (1) $500 per year to a candidate, or to a person who conducts a write-in 02 campaign as a candidate; 03 (2) $250 per year to a group that is not a political party; 04 (3) $5,000 per year to a political party. 05 (c) A group that is not a political party may contribute not more than $1,000 06 per year 07 (1) to a candidate, or to a person who conducts a write-in campaign as 08 a candidate; or 09 (2) to another group or to a political party. 10 (d) A political party may contribute to a candidate, or to a person who 11 conducts a write-in campaign, for the following offices an amount not to exceed 12 (1) $100,000 per year, if the election is for governor or lieutenant 13 governor; 14 (2) $15,000 per year, if the election is for the state senate; 15 (3) $10,000 per year, if the election is for the state house of 16 representatives; and 17 (4) $5,000 per year, if the election is for 18 (A) delegate to a constitutional convention; 19 (B) judge seeking retention; or 20 (C) municipal office. 21 * Sec. 11. AS 15.13 is amended by adding new sections to read: 22 Sec. 15.13.072. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE 23 OF CONTRIBUTIONS. (a) A candidate or a person who has filed with the 24 commission the document necessary to permit the person to incur election-related 25 expenses under AS 15.13.100 may not solicit or accept a contribution from 26 (1) a person not authorized by law to make a contribution; 27 (2) an individual who is not a resident of the state at the time the 28 contribution is made except as provided in (b) of this section; 29 (3) a group organized under the laws of another state, resident in 30 another state, or whose participants are not residents of this state at the time the 31 contribution is made; or
01 (4) a person registered as a lobbyist if the contribution violates 02 AS 15.13.074(f) or AS 24.45.121(a)(8). 03 (b) A candidate or a person who has filed with the commission the document 04 necessary to permit the person to incur election-related expenses under AS 15.13.100 05 may solicit or accept contributions from an individual who is not a resident of the state 06 at the time the contribution is made if the amounts contributed by individuals who are 07 not residents do not exceed 08 (1) $20,000, if the candidate or person is seeking the office of governor 09 or lieutenant governor; 10 (2) $4,000, if the candidate or person is seeking the office of state 11 senator; 12 (3) $2,000, if the candidate or person is seeking the office of state 13 representative. 14 (c) A candidate or a person who has filed with the commission the document 15 necessary to permit the person to incur election-related expenses under AS 15.13.100, 16 or a group, may not solicit or accept a cash contribution that exceeds $100. 17 (d) A person, or a person acting directly or indirectly on behalf of that person, 18 may not solicit or accept a contribution 19 (1) before the date for which contributions may be made as determined 20 under AS 15.13.074(c)(1) - (3); or 21 (2) later than the day after which contributions may not be made as 22 determined under AS 15.13.074(c)(4). 23 (e) A candidate or a person who has filed with the commission the document 24 necessary to permit the person to incur election-related expenses under AS 15.13.100 25 may not solicit or accept a contribution if the legislature is convened in a regular or 26 special legislative session, and the candidate or person is a member of the legislature, 27 or employed by a legislator or employed as a member of the legislator's staff or as a 28 member of the staff of a legislative committee. 29 Sec. 15.13.074. PROHIBITED CONTRIBUTIONS. (a) A person may not 30 make a contribution if the making of the contribution would violate this chapter. 31 (b) A person may not make a contribution anonymously, using a fictitious
01 name, or using the name of another. 02 (c) A person may not make a contribution 03 (1) to a candidate for governor or lieutenant governor or a person who 04 files with the commission the document necessary to permit the person to incur certain 05 election-related expenses as authorized by AS 15.13.100 for governor or lieutenant 06 governor, when the office is to be filled at a general election, before the later of the 07 following dates: 08 (A) the date the person 09 (i) becomes a candidate; or 10 (ii) files with the commission the document necessary 11 to permit the person to incur certain election-related expenses as 12 authorized by AS 15.13.100; or 13 (B) January 1 of the year of the general election; 14 (2) to a candidate for the state legislature or a person who files with 15 the commission the document necessary to permit the person to incur certain election- 16 related expenses as authorized by AS 15.13.100 for the state legislature, when the office is to 17 be filled at a general election, before the later of the following dates: 18 (A) the date the person 19 (i) becomes a candidate; or 20 (ii) files with the commission the document necessary 21 to permit the person to incur certain election-related expenses as 22 authorized by AS 15.13.100; or 23 (B) June 1 of the year of the general election; 24 (3) to a candidate or a person who files with the commission the 25 document necessary to permit the person to incur certain election-related expenses as 26 authorized by AS 15.13.100 for an office that is to be filled at a special election or 27 municipal election before the later of the following dates: 28 (A) the date the person 29 (i) becomes a candidate; or 30 (ii) files with the commission the document necessary 31 to permit the person to incur certain election-related expenses as
01 authorized by AS 15.13.100; 02 (B) is five months before the date of the general or regular 03 municipal election or that is before the date of the proclamation of the special 04 election at which the person seeks election to public office; or 05 (4) to any candidate later than the 45th day 06 (A) after the date of a primary election if the person 07 (i) has been nominated at the primary election or is 08 running as a write-in candidate; and 09 (ii) is not opposed at the general election; 10 (B) after the date of the primary election if the person was not 11 nominated at the primary election; or 12 (C) after the date of the general election, or after the date of a 13 municipal or municipal runoff election, if the person was opposed at the 14 general, municipal, or municipal runoff election. 15 (d) A person may not make a contribution to a candidate or a person who is 16 prohibited by AS 15.13.072(d) from accepting it. 17 (e) A person may not make a cash contribution that exceeds $100. 18 (f) An individual required to register as a lobbyist under AS 24.45 may not 19 make a contribution to a candidate for the legislature at any time the individual is 20 subject to the registration requirement under AS 24.45 and for one year after the date 21 of the individual's initial registration or its renewal. However, the individual may 22 make a contribution under this section to a candidate for the legislature in a district in 23 which the individual is registered to vote or will be registered to vote on the date of 24 the election. An individual who is subject to the restrictions of this subsection shall 25 report to the commission, on a form provided by the commission, each contribution 26 made while required to register as a lobbyist under AS 24.45. This subsection does 27 not apply to a representational lobbyist as defined in regulations of the commission. 28 (g) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant 29 governor and a group that is not a political party and that, under the definition of the 30 term "group," is presumed to be controlled by a candidate for governor or lieutenant 31 governor, may not make a contribution to a candidate for another office, to a person
01 who conducts a write-in campaign as a candidate for other office, or to another group 02 of amounts received by that candidate or controlled group as contributions between 03 January 1 and the date of the general election of the year of a general election for an 04 election for governor and lieutenant governor. This subsection does not prohibit 05 (1) the group described in this subsection from making contributions 06 to the candidates for governor and lieutenant governor whom the group supports; or 07 (2) the governor or lieutenant governor, or the group described in this 08 subsection, from making contributions under AS 15.13.116(a)(3)(A). 09 (h) A corporation, company, partnership, firm, labor union, association, 10 organization, business trust or surety, or publicly funded entity that does not satisfy the 11 definition of group in AS 15.13.400 may not make a contribution to a candidate. 12 Sec. 15.13.076. AUTHORIZED RECIPIENTS OF CONTRIBUTIONS. A 13 contribution to a 14 (1) candidate may be received only by 15 (A) the candidate; or 16 (B) the candidate's campaign treasurer or a deputy campaign 17 treasurer; 18 (2) group may be received only by the group's campaign treasurer or 19 a deputy treasurer. 20 Sec. 15.13.078. CONTRIBUTIONS AND LOANS FROM THE CANDIDATE. 21 (a) Except as limited by (c) of this section, the provisions of this chapter do not 22 prohibit a candidate from giving any amount of the candidate's own money or other 23 thing of value to the campaign of the candidate. Donations made by the candidate to 24 the candidate's own campaign shall be reported as contributions in accordance with 25 AS 15.13.040 and 15.13.110. 26 (b) Except as limited by (c) of this section, the provisions of this chapter do 27 not prohibit a candidate from lending any amount to the campaign of the candidate. 28 Loans made by the candidate shall be reported as contributions in accordance with 29 AS 15.13.040 and 15.13.110. However, the candidate may not 30 (1) recover, under this section and AS 15.13.116(a)(5), the amount of 31 a loan made by the candidate to the candidate's own campaign that exceeds
01 (A) $25,000, if the candidate ran for governor or lieutenant 02 governor; 03 (B) $10,000, if the candidate ran for 04 (i) the legislature; or 05 (ii) delegate to a constitutional convention; 06 (C) $10,000, if the candidate was a judge seeking retention; 07 (D) $5,000, if the candidate ran in a municipal election; or 08 (2) repay a loan that the candidate has made to the candidate's own 09 campaign unless, within five days of making the loan, the candidate notifies the 10 commission, on a form provided by the commission, of the candidate's intention to 11 repay the loan under AS 15.13.116(a)(5). 12 (c) On and after the date determined under AS 15.13.110 as the last day of the 13 period ending three days before the due date of the report required to be filed under 14 AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a 15 candidate may not give or loan, or both, to the candidate's campaign the candidate's 16 money or other thing of value of the candidate in an amount that exceeds $5,000. 17 (d) The provisions of this section apply only to the person who is a candidate, 18 as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize a 19 contribution or loan under this section by a person described in the definition of the 20 term "candidate" under AS 15.13.400(1)(B). 21 * Sec. 12. AS 15.13.080 is amended to read: 22 Sec. 15.13.080. STATEMENT BY CONTRIBUTOR. (a) Each of the 23 following shall file statements as required by this section: 24 (1) an individual who contributes to a candidate 25 (A) more than [A PERSON OR GROUP CONTRIBUTING TO 26 A CANDIDATE OVER] $250; or 27 (B) [CONTRIBUTING] goods or services [TO A CANDIDATE] 28 with a value of more than $250; 29 (2) an individual who, during the period between the 90th day before 30 an election and the date of the election, contributes to more than one group and 31 whose aggregate contributions to all groups, in money or in the value of goods and
01 services, or both, exceed $1,000 per year [TO INFLUENCE THE ELECTION OF A 02 CANDIDATE SHALL FURNISH THE COMMISSION A SIGNED STATEMENT, ON 03 A FORM MADE AVAILABLE BY THE COMMISSION]. 04 (b) An individual required to file a contributor's statement under (a) of this 05 section shall file on a form made available by the commission. The statement must 06 (1) identify the contributor and the candidate and all groups 07 receiving contributions; 08 (2) [SHALL] itemize the contributions and goods; and 09 (3) state that the contributor is not [A PERSON OR GROUP] prohibited 10 by law from contributing and that the contribution consists of funds or property 11 belonging to the contributor and has not been given or furnished by another person or 12 group. 13 (c) The contributor's statement shall be filed with the commission by the 14 contributor no later than 10 days after the contribution is made. [A COPY OF THE 15 STATEMENT SHALL BE FURNISHED THE CANDIDATE, CAMPAIGN 16 TREASURER, OR DEPUTY CAMPAIGN TREASURER AT THE TIME THE 17 CONTRIBUTION IS MADE.] 18 * Sec. 13. AS 15.13 is amended by adding new sections to read: 19 Sec. 15.13.082. LIMITATIONS ON EXPENDITURES. (a) A candidate or 20 group may not make an expenditure in cash that exceeds $100 unless the candidate, or 21 the campaign treasurer or deputy campaign treasurer, obtains from the person to whom 22 the expenditure is made a written receipt and files a copy of the receipt with the 23 commission. 24 (b) A candidate or group may not make an expenditure unless the source of the 25 expenditure has been disclosed as required by this chapter. 26 (c) If a candidate receives a contribution in the form of cash, check, money 27 order, or other negotiable instrument and is subject to being reported to the commission 28 under this chapter, the candidate may neither expend the contribution nor, in the case of 29 a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or 30 deputy campaign treasurer first records the following information for disclosure to the 31 commission:
01 (1) the name, address, principal occupation, and employer of the 02 contributor; and 03 (2) the date and amount of the contribution. 04 Sec. 15.13.084. PROHIBITED EXPENDITURES. A person may not make an 05 expenditure anonymously, using a fictitious name, or using the name of another. 06 Sec. 15.13.086. AUTHORIZED MAKERS OF EXPENDITURES. An 07 expenditure 08 (1) authorized by AS 15.13.067(1) by or in behalf of a candidate may be 09 made only by 10 (A) the candidate; or 11 (B) the candidate's campaign treasurer or a deputy campaign 12 treasurer; 13 (2) authorized by AS 15.13.067(3) by or in behalf of a group may be 14 made only by the group's campaign treasurer. 15 * Sec. 14. AS 15.13.090 is amended by adding a new subsection to read: 16 (b) The provisions of (a) of this section do not apply when the advertisement 17 (1) is paid for by an individual acting independently of any group and 18 independently of any other individual; 19 (2) is made concerning a ballot proposition or question; and 20 (3) is made for 21 (A) a billboard or sign; or 22 (B) printed material other than an advertisement made in a 23 newspaper or other periodical. 24 * Sec. 15. AS 15.13.110(a) is amended to read: 25 (a) Each candidate and group shall make a full report in accordance with 26 AS 15.13.040 for the period ending three days before the due date of the report and 27 beginning on the last day covered by the most recent previous report. If the report is a 28 first report, it shall cover the period from the beginning of the campaign to the date three 29 days before the due date of the report. If the report is a report due February 15, it shall 30 cover the period beginning on the last day covered by the most recent previous report 31 or on the day that the campaign started, whichever is later, and ending on December 31
01 of the prior year. The report shall be filed 02 (1) 30 days before the election; however, this report is not required if the 03 deadline for filing a nominating petition or declaration of candidacy is within 30 days 04 of the election; 05 (2) one week before the election; 06 (3) 10 days after the election; and 07 (4) February 15 for expenditures made and contributions received that 08 were not reported during the previous year, including, if applicable, all amounts 09 expended from a legislative office account established under AS 15.13.116(a)(9), or 10 when expenditures were not made or contributions were not received during the previous 11 year. 12 * Sec. 16. AS 15.13.110(b) is amended to read: 13 (b) Each contribution [OR EXPENDITURE] that exceeds $250 and that is made 14 within nine days of the election shall be reported to the commission by date, amount, and 15 contributor [OR RECIPIENT] within 24 hours of receipt [OR EXPENDITURE] by the 16 candidate, group, [OR] campaign treasurer, or deputy campaign treasurer. 17 * Sec. 17. AS 15.13.110(c) is amended to read: 18 (c) [THE REPORTS OF CANDIDATES SHALL BE FILED WITH THE 19 COMMISSION'S CENTRAL OFFICE.] All reports required by this chapter shall be 20 filed with the commission's central office and shall be kept open to public inspection. 21 Within 30 days after each election, the commission shall prepare a summary of each 22 report which shall be made available to the public at cost upon request. Each summary 23 shall use uniform categories of reporting. 24 * Sec. 18. AS 15.13 is amended by adding new sections to read: 25 Sec. 15.13.112. USES OF CAMPAIGN CONTRIBUTIONS HELD BY 26 CANDIDATE OR GROUP. (a) Except as otherwise provided, campaign contributions 27 held by a candidate or group may be used only to pay the expenses of the candidate or 28 group, and the campaign expenses incurred by the candidate or group, that reasonably 29 relate to election campaign activities, and in those cases only as authorized by this 30 chapter. 31 (b) Campaign contributions held by a candidate or group may not be
01 (1) used to give a personal benefit to the candidate or to another person; 02 (2) converted to personal income of the candidate; 03 (3) loaned to a person; 04 (4) knowingly used to pay more than the fair market value for goods or 05 services purchased for the campaign; 06 (5) used to pay a criminal fine; or 07 (6) used to pay civil penalties; however, campaign contributions held by 08 a candidate or group may be used to pay a civil penalty assessed under this chapter if 09 authorized by the commission after it first determines that 10 (A) the candidate, campaign treasurer, and deputy campaign 11 treasurer did not cause or participate in the violation for which the civil penalty 12 is imposed and exercised a reasonable level of oversight over the campaign; and 13 (B) the candidate, campaign treasurer, and deputy campaign 14 treasurers cooperated in the revelation of the violation and in its immediate 15 correction. 16 (c) Campaign contributions held by a candidate may not be contributed to 17 another candidate or to a group. 18 Sec. 15.13.114. DISPOSITION OF PROHIBITED CONTRIBUTIONS. (a) A 19 candidate or group that receives and accepts a contribution given in violation of 20 AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is 21 prohibited, return it to the contributor. If the contribution cannot be returned in the same 22 form, the equivalent value of the contribution shall be returned. 23 (b) An anonymous contribution is forfeited to the state unless the contributor is 24 identified within five days of its receipt. Money that forfeits to the state under this 25 subsection shall be delivered immediately to the Department of Revenue for deposit in 26 the general fund. 27 Sec. 15.13.116. DISBURSEMENT OF CAMPAIGN ASSETS AFTER 28 ELECTION. (a) A candidate who, after the date of the general, special, municipal, or 29 municipal runoff election or after the date the candidate withdraws as a candidate, 30 whichever comes first, holds unused campaign contributions shall distribute the amount 31 held within 60 days. The distribution may only be made to
01 (1) pay bills incurred for expenditures reasonably related to the campaign 02 and the winding up of the affairs of the campaign, and to pay expenditures associated 03 with post-election fund raising that may be needed to raise funds to pay off campaign 04 debts; 05 (2) pay for a victory or a thank you party costing less than $500, or to 06 give a thank you gift of a value of less than $50 to a campaign employee or volunteer; 07 (3) make donations, without condition, to 08 (A) a political party; 09 (B) the state's general fund; 10 (C) a municipality of the state; or 11 (D) the federal government; 12 (4) make donations, without condition, to organizations qualified as 13 charitable organizations under 26 U.S.C. 501(c)(3), provided the organization is not 14 controlled by the candidate or a member of the candidate's immediate family; 15 (5) repay loans from the candidate to the candidate's own campaign 16 under AS 15.13.078(b); 17 (6) repay contributions to contributors, but only if repayment of the 18 contribution is made pro rata in approximate proportion to the contributions made, 19 using one of the following, as the candidate determines: 20 (A) to all contributors; 21 (B) to contributors who have made contributions most recently; 22 or 23 (C) to contributors who have made larger contributions; 24 (7) establish a fund for, and from that fund to pay, attorney fees or costs 25 incurred in the prosecution or defense of an administrative or civil judicial action that 26 directly concerns a challenge to the victory or defeat of the candidate in the election; 27 (8) transfer all or a portion of the unused campaign contributions to an 28 account for a future election campaign; a transfer under this paragraph is limited to 29 (A) $50,000, if the transfer is made by a candidate for governor 30 or lieutenant governor; 31 (B) $10,000, if the transfer is made by a candidate for the state
01 senate; 02 (C) $5,000, if the transfer is made by a candidate for the state 03 house of representatives; and 04 (D) $5,000, if the transfer is made by a candidate for an office 05 not described in (A) - (C) of this paragraph; 06 (9) transfer all or a portion of the unused campaign contributions to a 07 legislative office account; a transfer under this paragraph is subject to the following: 08 (A) the authority to transfer is limited to candidates who are 09 elected to the state legislature; 10 (B) the legislative office account established under this paragraph 11 may be used only for expenses associated with the candidate's serving as a 12 member of the legislature; 13 (C) all amounts expended from the legislative office account shall 14 be annually accounted for under AS 15.13.110(a)(4); and 15 (D) a transfer under this paragraph is limited to $2,500 per 16 election district represented by the candidate elected to the state legislature 17 multiplied by the number of years in the term to which the candidate is elected. 18 (b) After a general, special, municipal, or municipal runoff election, a candidate 19 may retain the ownership of personal property, except money, that was acquired by and 20 for use in the campaign. The current fair market value of the property retained may 21 not exceed a total of $2,500, exclusive of one computer and one printer. All other 22 property shall be disposed of, or sold and the sale proceeds disposed of, in accordance 23 with (a) or (c) of this section. 24 (c) Property remaining after disbursements are made under (a) - (b) of this 25 section is forfeited to the state. Within 30 days, the candidate shall deliver the property 26 to the Department of Revenue. The Department of Revenue shall deposit any money 27 received into the general fund and dispose of any other property in accordance with law. 28 * Sec. 19. AS 15.13.120(d) is repealed and reenacted to read: 29 (d) Whenever a person believes a violation of this chapter or a regulation 30 adopted under this chapter has occurred or is occurring, the person may file an 31 administrative complaint with the commission under (e) of this section. If, after 60 days
01 following the filing of the complaint, the commission staff has not completed a report 02 of a preliminary investigation as authorized by commission regulation adopted under 03 AS 15.13.030(10) or AS 24.60.220, the person may file an action in the superior court 04 seeking injunctive relief and civil penalties under AS 15.13.125. However, an action 05 may not be commenced in the superior court under this subsection after two years have 06 elapsed from the date of the alleged violation. The plaintiff in a superior court action 07 shall serve the attorney general and the commission with a copy of the summons and 08 complaint. The commission, represented by the attorney general, may intervene in the 09 action. 10 * Sec. 20. AS 15.13.120(e) is repealed and reenacted to read: 11 (e) A member of the commission, the commission's executive director, or a 12 person who believes a violation of a provision of this chapter or a regulation adopted 13 under this chapter has occurred, may file an administrative complaint with the 14 commission. The commission shall expeditiously make an investigation of the 15 complaint. If a member of the commission has filed the complaint, the member may not 16 participate as a commissioner in any proceeding of the commission with respect to the 17 complaint. After affording a person notice and an opportunity for hearing, if the 18 commission finds that the person has engaged in or is about to engage in an act or 19 practice that constitutes or will constitute a violation of a provision of this chapter or a 20 regulation adopted under this chapter, the commission shall enter an order requiring the 21 violation to cease and to be remedied, and shall assess civil penalties under 22 AS 15.13.125. An action may not be commenced by the commission under this 23 subsection after four years have elapsed from the date of the alleged violation. The 24 commission's exercise of jurisdiction under this subsection is not exclusive. A person 25 who files a complaint under this subsection may withdraw it at any time and, unless 26 more than two years have elapsed since the date of the alleged violation, proceed under 27 (d) of this section. 28 * Sec. 21. AS 15.13.125 is amended to read: 29 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED REPORTS. 30 A person who fails to file a properly completed and certified report within the time 31 required by AS 15.13.040(f), 15.13.110(a)(1), (3), or (4), or 15.13.110(f) is subject to a
01 civil penalty of not more than $50 [$10] a day for each day the delinquency continues 02 as determined by the commission subject to right of appeal to the superior court. A 03 person who fails to file a properly completed and certified report within the time required 04 by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 05 [$50] a day for each day the delinquency continues as determined by the commission 06 subject to right of appeal to the superior court. An affidavit stating facts in mitigation 07 may be submitted to the commission by a person against whom a civil penalty is 08 assessed. However, the imposition of the penalties prescribed in this section or in 09 AS 15.13.120 does not excuse that person from filing reports required by this chapter. 10 * Sec. 22. AS 15.13.125 is amended by adding new subsections to read: 11 (b) When an administrative complaint has been filed under AS 15.13.120(e), the 12 commission shall give the person against whom the complaint has been filed due notice 13 and an opportunity to be heard. If, at the conclusions of the hearing, the commission 14 determines that the person against whom the complaint was filed engaged in the alleged 15 violation, the commission shall assess 16 (1) civil penalties under (a) of this section; 17 (2) the commission's costs of investigation and adjudication; and 18 (3) reasonable attorney fees. 19 (c) The commission's determination under (b) of this section may be appealed 20 to the superior court under AS 44.62 (Administrative Procedure Act). 21 (d) When an action has been filed in the superior court under AS 15.13.120(d), 22 upon proof of the violation, the court 23 (1) shall enter a judgment in the amount of three times the amount of the 24 civil penalty authorized to be collected by (a) of this section; however, if the court finds 25 that, in committing the violation, the person against whom the action was brought did 26 not act knowingly and took action to correct the violation within five days after it 27 occurred, the court may enter a judgment in the amount of the civil penalty authorized 28 by (a) of this section; and 29 (2) shall award reasonable attorney fees and costs to the prevailing party. 30 (e) A person who filed a civil action under AS 15.13.120(d), upon proof of the 31 violation by the person against whom the action was filed, may execute on the judgment
01 and is entitled to half of any amount recovered as a civil penalty exclusive of any 02 attorney fees and costs awarded by the court. The remainder of any amount recovered 03 as a civil penalty shall be deposited in the state's general fund. 04 (f) If the commission or superior court finds that the violation was not a repeat 05 violation or was not part of a series or pattern of violations, was inadvertent, was quickly 06 corrected, and had no adverse effect on the campaign of another, the commission or the 07 court may 08 (1) suspend imposition of the penalties; and 09 (2) order the penalties set aside if the person does not engage in a similar 10 violation for a period of one year. 11 * Sec. 23. AS 15.13 is amended by adding new sections to read: 12 Sec. 15.13.135. INDEPENDENT EXPENDITURES FOR OR AGAINST 13 CANDIDATES. (a) Only an individual or group may make an independent expenditure 14 supporting or opposing a candidate for election to public office. An independent 15 expenditure supporting or opposing a candidate for election to public office shall be 16 reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other 17 requirements of this chapter. 18 (b) An individual or group who makes independent expenditures for a mass 19 mailing, for distribution of campaign literature of any sort, for a television, radio, 20 newspaper or magazine advertisement, or any other communication that supports or 21 opposes a candidate for election to public office 22 (1) shall comply with AS 15.13.090; and 23 (2) shall place the following statement in the mailing, literature, 24 advertisement, or other communication so that it is readily and easily discernible: 25 This NOTICE TO VOTERS is required by Alaska law. (I/we) 26 certify that this (mailing/literature/advertisement) is not authorized, paid 27 for, or approved by the candidate. 28 Sec. 15.13.137. RESTRICTIONS ON CONTRIBUTIONS TO INDIVIDUALS 29 MAKING INDEPENDENT EXPENDITURES FOR OR AGAINST CANDIDATES. 30 An individual who makes an independent expenditure supporting or opposing a candidate 31 may not accept a contribution to help pay for the expenditure from another individual
01 or group that exceeds the amount an individual may contribute to a group under 02 AS 15.13.070(b)(2). 03 Sec. 15.13.140. INDEPENDENT EXPENDITURES FOR OR AGAINST 04 BALLOT PROPOSITION OR QUESTION. (a) This chapter does not prohibit a person, 05 or a publicly funded entity, from making independent expenditures in support of or in 06 opposition to a ballot proposition or question. 07 (b) An independent expenditure for or against a ballot proposition or question 08 (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 09 15.13.110 and other requirements of this chapter; and 10 (2) may not be made if the expenditure is prohibited by AS 15.13.145. 11 Sec. 15.13.145. MONEY OF THE STATE AND ITS POLITICAL 12 SUBDIVISIONS. (a) Except as provided in (b) and (c) of this section, each of the 13 following may not use money held by the entity to influence the outcome of the election 14 of a candidate to a state, municipal, municipal runoff, or federal office: 15 (1) the state, its agencies, and its corporations; 16 (2) the University of Alaska and its Board of Regents; 17 (3) municipalities, school districts, and regional educational attendance 18 areas, or another political subdivision of the state; and 19 (4) an officer or employee of an entity identified in (1) - (3) of this 20 subsection. 21 (b) Money held by an entity identified in (a)(1) - (3) of this section may be used 22 to influence the outcome of an election concerning a ballot proposition or question, but 23 only if the funds have been specifically appropriated for that purpose by a state law or 24 a municipal ordinance. 25 (c) Money held by an entity identified in (a)(1) - (3) of this section may be 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 public 30 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 the 02 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 HONORARIA. 15 (a) A candidate for the state legislature, for governor, or for lieutenant governor, 16 including a person campaigning as a write-in candidate for the office, may not 17 (1) seek or accept compensation for personal services that involves 18 payments that are not commensurate with the services rendered taking into account the 19 higher rates generally charged by specialists in a profession; or 20 (2) accept a payment of anything of value, except for actual and 21 necessarily incurred travel expenses, for an appearance or speech; this paragraph does 22 not apply to the salary paid to the candidate for making an appearance or speech as part 23 of the candidate's normal course of employment. 24 (b) Notwithstanding (a) of this section, a candidate for the state legislature, for 25 governor, or for lieutenant governor, including a person campaigning as a write-in 26 candidate for the office, may accept a payment for an appearance or speech if the 27 appearance or speech is not connected with the person's status as a state official or as a 28 candidate. 29 Sec. 15.13.400. DEFINITIONS. In this chapter, 30 (1) "candidate" 31 (A) means a person who files for election to the state legislature,
01 for governor, for lieutenant governor, for municipal office, for retention in 02 judicial office, or for constitutional convention delegate, or who campaigns as a 03 write-in candidate for any of these offices; and 04 (B) when used in a provision of this chapter that limits or 05 prohibits the donation, solicitation, or acceptance of campaign contributions, or 06 limits or prohibits an expenditure, includes 07 (i) a candidate's campaign treasurer and a deputy 08 campaign treasurer; 09 (ii) a member of the candidate's immediate family; 10 (iii) a person acting as agent for the candidate; 11 (iv) the candidate's campaign committee; and 12 (v) a group that makes expenditures or receives 13 contributions with the authorization or consent, express or implied, or 14 under the control, direct or indirect, of the candidate; 15 (2) "commission" means the Alaska Public Offices Commission; 16 (3) "contribution" 17 (A) means a purchase, payment, promise or obligation to pay, 18 loan or loan guarantee, deposit or gift of money, goods, or services for which 19 charge is ordinarily made and that is made for the purpose of influencing the 20 nomination or election of a candidate, and in AS 15.13.010(b) for the purpose of 21 influencing a ballot proposition or question, including the payment by a person 22 other than a candidate or political party, or compensation for the personal 23 services of another person, that are rendered to the candidate or political party; 24 (B) does not include 25 (i) services provided without compensation by individuals 26 volunteering a portion or all of their time on behalf of a candidate or 27 ballot proposition or question, but it does include professional services 28 volunteered by individuals for which they ordinarily would be paid a fee 29 or wage; 30 (ii) services provided by an accountant or other person to 31 prepare reports and statements required by this chapter; or
01 (iii) ordinary hospitality in a home; 02 (4) "expenditure" 03 (A) means a purchase or a transfer of money or anything of 04 value, or promise or agreement to purchase or transfer money or anything of 05 value, incurred or made for the purpose of 06 (i) influencing the nomination or election of a candidate 07 or of any individual who files for nomination at a later date and becomes 08 a candidate; 09 (ii) use by a political party; 10 (iii) the payment by a person other than a candidate or 11 political party of compensation for the personal services of another person 12 that are rendered to a candidate or political party; or 13 (iv) influencing the outcome of a ballot proposition or 14 question; 15 (B) does not include a candidate's filing fee or the cost of 16 preparing reports and statements required by this chapter; 17 (5) "group" means 18 (A) every state and regional executive committee of a political 19 party; and 20 (B) any combination of two or more individuals acting jointly 21 who organize for the principal purpose to influence the outcome of one or more 22 elections and who take action the major purpose of which is to influence the 23 outcome of an election; a group that makes expenditures or receives contributions 24 with the authorization or consent, express or implied, or under the control, direct 25 or indirect, of a candidate shall be considered to be controlled by that candidate; 26 a group whose major purpose is to further the nomination, election, or candidacy 27 of only one person, or intends to expend more than 50 percent of its money on 28 a single candidate, shall be considered to be controlled by that candidate and its 29 actions done with the candidate's knowledge and consent unless, within 10 days 30 from the date the candidate learns of the existence of the group the candidate 31 files with the commission, on a form provided by the commission, an affidavit
01 that the group is operating without the candidate's control; a group organized for 02 more than one year preceding an election and endorsing candidates for more than 03 one office or more than one political party is presumed not to be controlled by 04 a candidate; however, a group that contributes more than 50 percent of its money 05 to or on behalf of one candidate shall be considered to support only one 06 candidate for purposes of AS 15.13.070, whether or not control of the group has 07 been disclaimed by the candidate; 08 (6) "immediate family" means the spouse, parents, children, including a 09 stepchild and an adoptive child, and siblings of an individual; 10 (7) "independent expenditure" means an expenditure that is made without 11 the direct or indirect consultation or cooperation with, or at the suggestion or the request 12 of, or with the prior consent of, a candidate, a candidate's campaign treasurer or deputy 13 campaign treasurer, or another person acting as a principal or agent of the candidate; 14 (8) "individual" means a natural person; 15 (9) "person" has the meaning given in AS 01.10.060, and includes a labor 16 union; 17 (10) "political party" means 18 (A) an organized group of voters that represents a political 19 program and that nominated a candidate for governor who received at least 20 three percent of the total votes cast at any one of the last five preceding general 21 elections for governor; 22 (B) a subordinate unit of the organized group of voters 23 qualifying as a political party under (A) of this paragraph if, consistent with the 24 rules or bylaws of the political party, the unit conducts or supports campaign 25 operations in a municipality, neighborhood, election district, or precinct; and 26 (C) an organization that, by virtue of the rules or bylaws of the 27 organized group of voters qualifying as a political party under (A) of this 28 paragraph, is affiliated with the political party; 29 (11) "publicly funded entity" means a person, other than an individual, 30 that receives half or more of the money on which it operates during a calendar year from 31 government, including a public corporation.
01 * Sec. 24. AS 15.56 is amended by adding new sections to read: 02 Sec. 15.56.012. CAMPAIGN MISCONDUCT IN THE FIRST DEGREE. (a) 03 A person commits the crime of campaign misconduct in the first degree if the person 04 intentionally violates a provision of AS 15.13 or a regulation adopted under authority of 05 AS 15.13. 06 (b) Violation of this section is a corrupt practice. 07 (c) Campaign misconduct in the first degree is a class A misdemeanor. 08 Sec. 15.56.014. CAMPAIGN MISCONDUCT IN THE SECOND DEGREE. (a) 09 A person commits the crime of campaign misconduct in the second degree if the person 10 (1) knowingly circulates or has written, printed or circulated a letter, 11 circular, or publication relating to an election, to a candidate at an election, or an election 12 proposition or question without the name and address of the author appearing on its face; 13 (2) except as provided by AS 15.13.090(b), knowingly prints or publishes 14 an advertisement, billboard, placard, poster, handbill, paid-for television or radio 15 announcement, or other communication intended to influence the election of a candidate 16 or outcome of a ballot proposition or question without the words "paid for by" followed 17 by the name and address of the candidate, group, or individual paying for the advertising 18 or communication and, if a candidate or group, with the name of the campaign chair; 19 (3) knowingly writes or prints and circulates, or has written, printed and 20 circulated, a letter, circular, bill, placard, poster or advertisement in a newspaper, on 21 radio or television 22 (A) containing false factual information relating to a candidate for 23 an election; 24 (B) that the person knows to be false; and 25 (C) that would provoke a reasonable person under the 26 circumstances to a breach of the peace or damages the candidate's reputation for 27 honesty, integrity, or the candidate's qualifications to serve if elected to office; 28 or 29 (4) knowingly violates a provision of AS 15.13 or a regulation adopted 30 under AS 15.13. 31 (b) Violation of this section is a corrupt practice.
01 (c) Campaign misconduct in the second degree is a class B misdemeanor. 02 Sec. 15.56.016. CAMPAIGN MISCONDUCT IN THE THIRD DEGREE. (a) 03 A person commits the crime of campaign misconduct in the third degree 04 (1) if the person recklessly or with criminal negligence violates a 05 provision of AS 15.13 or a regulation adopted under AS 15.13; or 06 (2) if, during the hours the polls are open and after election judges have 07 posted warning notices as required by AS 15.15.170 or at the required distance in the 08 form and manner prescribed by the chief municipal elections official in a local election, 09 the person intentionally is within 200 feet of an entrance to a polling place, and 10 (A) violates AS 15.15.170; or 11 (B) circulates cards, handbills, or marked ballots, or posts 12 political signs or posters relating to a candidate at an election or election 13 proposition or question. 14 (b) Campaign misconduct in the third degree is a violation. 15 Sec. 15.56.018. APPLICABILITY OF CAMPAIGN MISCONDUCT 16 PROVISIONS. (a) For purposes of AS 15.56.012(a), 15.56.014(a)(4), and 17 15.56.016(a)(1), each day a violation continues constitutes a separate offense. 18 (b) When a person is convicted of violating AS 15.56.012, in addition to 19 imposition of a sentence as authorized by AS 12.55.015, notwithstanding 20 AS 12.55.015(c), the court shall order suspension, for a period of one year, of any 21 license held by the defendant that allows the defendant to do business in the state. 22 Sec. 15.56.019. DEFINITIONS. In AS 15.56.012 - 15.56.018, the terms 23 "intentionally," "knowingly," "recklessly," and "with criminal negligence" have the 24 meanings given in AS 11.81.900(a). 25 * Sec. 25. AS 24.45.121(a) is amended to read: 26 (a) A lobbyist may not 27 (1) engage in any activity as a lobbyist before registering under 28 AS 24.45.041; 29 (2) do anything with the intent of placing a public official under personal 30 obligation to the lobbyist or to the lobbyist's employer; 31 (3) intentionally deceive or attempt to deceive any public official with
01 regard to any material fact pertinent to pending or proposed legislative or administrative 02 action; 03 (4) cause or influence the introduction of a legislative measure solely for 04 the purpose of thereafter being employed to secure its passage or its defeat; 05 (5) cause a communication to be sent to a public official in the name of 06 any fictitious person or in the name of any real person, except with the consent of that 07 person; 08 (6) accept or agree to accept any payment in any way contingent upon 09 the defeat, enactment, or outcome of any proposed legislative or administrative action; 10 (7) serve as a member of a state board, or commission, if the lobbyist's 11 employer may receive direct economic benefit from a decision of that board or 12 commission; 13 (8) serve as a campaign manager or director, serve as a campaign 14 treasurer or deputy campaign treasurer on a finance or fund-raising committee, host a 15 fund-raising event, directly or indirectly collect contributions for, or deliver 16 contributions to, a candidate or otherwise [ACTIVELY] engage in the fund-raising 17 activity of a legislative campaign or campaign for governor or lieutenant governor 18 if the lobbyist has registered, or is required to register as a lobbyist, under this 19 chapter, during the calendar year; this paragraph does not apply to a representational 20 lobbyist as defined in the regulations of the Alaska Public Offices Commission, and does 21 not prohibit a lobbyist from making personal contributions to a candidate as authorized 22 by AS 15.13 or personally advocating on behalf of a candidate; 23 (9) offer, solicit, initiate, facilitate, or provide to or on behalf of a person 24 covered by AS 24.60, during a legislative session, a gift, other than food or beverage for 25 immediate consumption; 26 (10) make or offer a gift or a campaign contribution whose acceptance 27 by the person to whom it is offered would violate AS 24.60. 28 * Sec. 26. AS 24.60.031(b) is amended to read: 29 (b) In this section, "contribution" has the meaning given in AS 15.13.400 30 [AS 15.13.130]. 31 * Sec. 27. AS 15.13.120(a), 15.13.130; AS 15.56.010, and 15.56.020 are repealed.
01 * Sec. 28. CONSTRUCTION AND APPLICATION. Each provision of this Act shall be 02 construed to avoid a conflict with any federal law that, under the supremacy clause of art. VI 03 of the United States Constitution, prevails over the state provision. 04 * Sec. 29. APPLICABILITY OF AS 15.13 TO PERSONS OTHER THAN INDIVIDUALS. 05 If a court determines that, under the federal or state constitutions, persons who are not 06 individuals must be allowed to contribute to candidates or groups, then the requirements, 07 monetary limitations, and restrictions of AS 15.13 are applicable to those persons. 08 * Sec. 30. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 09 application thereof to any person or circumstance, is held invalid, the remainder of this Act and 10 the application to other persons or circumstances is not affected thereby. 11 * Sec. 31. TAKING EFFECT OF ACT MADE CONDITIONAL. Sections 1 - 30 of this Act 12 take effect only if, under art. XI, sec. 4, Constitution of the State of Alaska, and AS 15.45.210, 13 the lieutenant governor determines that secs. 1 - 30 of this Act are substantially the same as the 14 law proposed to be enacted by the Initiative entitled "An Initiative relating to election campaign 15 financing and the Alaska Public Offices Commission; and providing for an effective date," 16 identified by the division of elections as Initiative Petition 95 CFPO, filed with the lieutenant 17 governor by the Initiative sponsors under AS 15.45.140 on December 15, 1995. 18 * Sec. 32. If secs. 1 - 30 of this Act take effect, they take effect January 1, 1997.