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Federal law controls contributions for campaigns for
election to the offices of President and Vice President of the Alaska State Statutes, Title 15, Elections, Chapter 15.13,
State Election Campaigns; Title 24, Legislature, Chapter 24.45, Regulation of
Lobbying, 2006; Administrative Regulations, Campaign Disclosure, Title 2 AAC Chapter
50 §§290, 292, 336, 344, 352, 384, 394, 511, 2006 Governor State
Senator Lieutenant
Governor State
Representative Judges1 Municipal2 Delegates
to constitutional conventions _______________________________ 2 29 municipalities currently are subject to the law. The criteria
for applicability of the law is whether the municipality has a population of
more than 1,000, and whether the municipality has exempted itself [A.S.
§15.13.010(a)(2)]. Primary Run-off General Special Ballot
Question Recall Municipal There are no limits placed on corporations contributing to
ballot issues. This issue has been addressed by the U.S. Supreme Court
in Buckley v. Valeo (1976) and upheld in First National Bank of
Boston v. Bellotti (1978). Please note that on April 16, 1999, the Supreme Court of
Alaska in Alaska Civil Liberties Union v. State of Alaska (Case No.
5108) upheld as constitutional almost all provisions of the 1996 campaign
finance reform legislation embodied in Senate Bill 191. The only
provisions the court found unconstitutional were those restricting
fundraising to the year of the election and those prohibiting state
candidates from accepting contributions during the legislative session.
Accordingly, the remaining provisions of Senate Bill 191 are currently in
effect and are reflected in this Summary of State Law. Who may make
contributions: Only individuals, groups, non-group
entities, and political parties may make contributions to a candidate’s
campaign. An individual, group, or
non-group entity may make a contribution to a group, to a non-group entity,
or to a political party [A.S. §15.13.065]. Corporations, companies, partnerships, firms,
associations, business trusts or sureties, and labor unions are prohibited from
making political contributions to any candidate, group, or non-group entity
[A.S. §15.13.074(f)]. A corporation
may make contributions and expenditures in support of or opposition to a
ballot measure group [2. A.A.C. §50.352]. Out-of-state groups may not contribute to or make
independent expenditures for In
addition, out-of-state groups may make contributions and independent
expenditures of any amount supporting or opposing ballot measures [A.S.
§15.13.065(c)]. Out-of-state groups and individuals are subject
to the same reporting requirements as those residing within the state [2
A.A.C. §50.344]. An
organization is considered out-of-state
if it is organized under the laws of another state, resident in another
state, or has participants who are not residents of this state at the time
the contribution is made [A.S. 15.13.072(a)(3)]. Contribution amounts:
Individuals may make contributions of not more than: ·
$500
per year to a non-group entity for the purpose of influencing the nomination
or election of a candidate; to a candidate; to an individual who conducts a
write-in campaign as a candidate; or to a group that is not a political
party; ·
$5,000
per year to a political party for the purpose of influencing the nomination
or election of a candidate or candidates [A.S. §15.13.070(b)(1), (2)]; and ·
$100
in cash [A.S. §15.13.072(b)]. Under the Alaska Campaign Disclosure law, a political
action committee, or PAC, is another name for a group. The
following conditions must be met by all contributors to PACs: ·
Contributions
to the PAC must be from individuals and other PACs and must be voluntary; ·
Individuals
may not contribute more than $500 per year to the PAC (cash contributions are
not to exceed $100 annually). Other PACs may contribute up to $1,000
per year; and ·
Only
10 percent of the PAC contributions may come from non-Alaska residents [A.S.
§§15.13.070; 15.13.072(b), (f)]. A group that is not a political party may
contribute: ·
Not
more than $1,000 per year to a candidate, or to an individual who conducts a
write-in campaign as a candidate; ·
Not
more than $1,000 to another group or non-group entity; or ·
Not
more than $1,000 to a political party [A.S. §15.13.070(c)]. Political parties may contribute to a candidate, or to an
individual who conducts a write-in campaign for the following offices, up to
a yearly amount not to exceed: ·
$100,000
for governor or lieutenant governor; ·
$15,000
for the state senate; ·
$10,000
for the state house of representatives; and ·
$5,000
if the election is for a delegate to a constitutional convention, judge
seeking retention, or municipal office [A.S. §15.13.070(d)]. Non-group entities may not contribute more than
$1,000 a year to: ·
Another
non-group entity for the purpose of influencing the nomination or election of
a candidate; ·
A
candidate; ·
An
individual who conducts a write-in campaign as a candidate; ·
A
group; or ·
A
political party [A.S. §15.13.070(f)]. Out-of-state
individuals may contribute to ·
$20,000
for governor or lieutenant governor; ·
$5,000
for state senator; and ·
$3,000
for state representative, municipal, or other office [A.S. §15.13.072(e)]. Out-of-state individuals may contribute to Alaska groups
or political parties if the contribution does not exceed 10 percent of total contributions
made to the group or political party during the calendar or group year in
which the contributions are received [A.S. §15.13.072(f)]. Out-of-state individuals and entities may contribute to
non-group entities for the purpose of influencing the nomination or election
of a candidate as long as the contribution does not exceed 10 percent of the
total contributions made to the non-group entity for the purpose of
influencing the nomination or election of a candidate during the calendar
year in which the contributions are received [A.S. §15.13.072(h)]. According
to the public offices commission, groups may not make charitable
contributions, because these expenditures are not reasonably related to
campaign activities [See, A.S. §15.13.112]. A group may, however,
contribute to a charity when disbanding, in order to distribute the balance
of its campaign funds [A.S. §15.13.116(a)(3)]. Definitions: Groups include any combination of two or
more individuals acting jointly who organize for the principal purpose of
influencing the outcome of one or more elections [A.S. §15.13.400(8)].
The three major categories of groups are: political parties and their
subdivisions; ballot issue groups, including state initiative sponsors; and
political action committees. However, two or more members of a candidate’s
immediate family, who have performed activities with the major purpose of
electing that candidate, do not constitute a group [2 A.A.C.
§50.290(b)]. A non-group entity is defined as a person, other
than an individual, that takes action the major purpose of which is to
influence the outcome of an election, and that: ·
Cannot
participate in business activities; ·
Does
not have shareholders who have a claim on corporate earnings; and ·
Is
independent from the influence of business corporations [A.S.
§15.13.400(13)]. For a corporation to qualify as a non-group entity, before
it may make a contribution or expenditure, it must also submit the following
items to the public offices commission: ·
A
copy of the Internal Revenue Service determination that the corporation is a
501(c)(4) non-profit social welfare organization; ·
A
copy of the certificate of registration issued under A.S. §10.20 (Alaska
Nonprofit Corporation Act), or a substantially similar statute from another
state; ·
A
copy of the corporation’s articles of incorporation and bylaws; ·
An
affidavit from a director or officer that the purpose of the corporation
includes at least one of the following:
issue advocacy, influencing elections, research education, or training
tied to the corporations’ political goals; and ·
An
affidavit from a director or officer that the corporation does not include
shareholders or persons other than employees who have an equitable interest in
the corporation [2 A.A.C. §50.292(b)(1)]. Contributions include the purchase, payment, promise or obligation to
pay, loan or loan guarantee, deposit or gift of money, goods, or services for
which charge is ordinarily made and that is made for the purpose of
influencing the nomination or election of a candidate, or for the purpose of
influencing a ballot proposition or question, including the payment by a
person other than a candidate or political party, or compensation for the
personal services of another person, that are rendered to the candidate or
political party [A.S. §15.13.400(4)(A)]. The sharing of a list of contributors among political
parties or candidates without charge is expressly exempt from the definition
of contribution [A.S. §15.13.400(4)(B)(vi)]. Election cycle is not statutorily defined. State election means a primary, general, or
special election, a purpose of which is to: ·
Nominate
or elect a governor, a lieutenant governor, or acting governor; ·
Nominate
or elect a state senator, a state representative, or delegates to a
constitutional convention; ·
Approve
or reject an initiative or proposed constitutional amendment; ·
Recall
an official; or ·
Ratify
or reject a state general obligation bond [A.S. §15.20.225]. A person includes
a corporation, company, partnership, firm, association, organization,
business trust, society, labor union, non-group entity, and a group [A.S.
§15.13.400(14)]. A person or group may not make a contribution to a
candidate later than the 45th day: ·
After
the date of the primary election if the candidate was not nominated at the
primary election; ·
After
the date of the general election; or ·
After
the date of a municipal or municipal runoff election [A.S. §15.13.074(3)]. A person or a group may not make a contribution to a
candidate or individual authorized to make election-related expenses for an
office to be filled at a general election until 18 months before the general
election [A.S. §15.13.074(3)]. Providing services, including legal services, is not
considered a contribution in light of the decision of the Ninth Circuit Court
of Appeals in Jacobus v State of No one may make a contribution in A person or group may not make a
contribution to a candidate more than 18 months before the date of the
election and not later than the 45th day after the date of the
election [A.S. §15.13.074(c)]. A
lobbyist may not make a contribution to a candidate for legislative office
from a district outside the lobbyist’s own voting district. This prohibition
continues for one year after a lobbyist’s registration or renewed
registration date. Except for unpaid lobbyists, any lobbyist who
contributes to a legislative candidate must file a Lobbyist Report of
Contributions to Legislative Candidates (Form 15-5A) within 30 days after
making the contribution [A.S. §15.13.074(g); 2 A.A.C. 50.511]. Lobbyists
cannot serve as campaign manager, treasurer, deputy treasurer, or work in a
fundraising capacity for legislative candidates’ campaign committees or for a
gubernatorial campaign committee [A.S. §24.45.121(8)]. If the due date of a report falls on a weekend or holiday,
the report is due on the next business day that is not a weekend or holiday
[Public Offices Commission]. Monetary
contributions are reported according to the date the campaign receives the
contribution. Non-monetary contributions are received and reportable by
the campaign when an item or good is delivered or a service is
performed. When the contribution is a service for which compensation is
normally made on a billing cycle, however, the date of receipt is based on
the customary and ordinary billing cycle in the community in which the
contributor resides [Public Offices Commission]. By corporations: Direct corporate contributions are prohibited. A corporation
spending money to influence a ballot measure out of its day-to-day funds will
report its expenditures according to the rules for individuals. Any corporation that solicits funds for
such purposes must register and report as a group [2 A.A.C. §50.352]. By individuals: Any individual who contributes an aggregate of $500
or more over the course of a year to a ballot group must file a Statement
of Contributions (Form 15-5) within 30 days of making the
contribution. Any individual who independently spends any amount to
promote or oppose a candidate or ballot measure must file a Statement of
Expenditures (Form 15-6) within 10 days of making the expenditure [A.S.
§15.13.040(d); 2 A.A.C. §50.336]. By groups: Groups must file a
registration statement with the public offices commission prior to making
expenditures or contributions [A.S. §15.13.050(a)]. There are no
statutory restrictions on the residency of the treasurer or the location of
the depository. There is no fee to register a group. Each group must file itemized campaign disclosure
statements detailing receipts and expenditures, including the name, address,
date, and amount contributed by each contributor. Groups must keep a
running total of contributions for each individual contributor; for contributions
in excess of $100 in the aggregate during the calendar year, the
contributor’s principal occupation and employer must also be reported [A.S.
§15.13.040(b);]. Reports are due: ·
30
days before an election, complete through 33 days before the election; ·
Seven
days before an election, complete through 10 days before the election; ·
105
days after a special election, complete through 102 days after the special
election; and ·
February
15th for all expenditures and contributions, through February 1st
not previously reported [A.S. §15.13.110(a)]. During an election year, a group that receives
contributions or makes expenditures on behalf of or in opposition to the
following individuals must file the campaign disclosure reports in the manner
and at the times required by the statute: ·
A
person who indicates an intention to become a candidate for elective state
executive or legislative office; ·
A
person who has filed a nominating petition to become a candidate at the
general election for elective state executive or legislative office; and ·
A
person who campaigns as a write-in candidate for elective state executive or
legislative office at the general election [A.S. §15.13.110(f)]. A group formed to sponsor an initiative, a referendum, or a
recall must report 30 days after its first filing with the lieutenant
governor. First filing means
the date the group first files, with the lieutenant governor or the division
of elections, the proposed language for an initiative along with the
signatures of 100 supporters of the proposed initiative. Thereafter, the group must report within 10
days after the end of each calendar quarter on the contributions received or
expenditures made, until either the group ceases its petition drive or the 30
day pre-election report is due, if the group is successful in getting the
initiative certified as a ballot issue [A.S. §15.13.110(e)]. A ballot group in the initiative stage accepting donations
and making expenditures solely to gather signatures may file a zero report to
satisfy the quarterly reporting due under A.S. §15.13.110(e). A group filing zero reports must be careful
to confine its financial activity solely to gathering signatures. Zero reports are appropriate until the
group disbands or until the group’s petition is certified as a ballot
measure. Once the petition is
certified as a ballot issue, the group’s activities are considered to be
campaign efforts intended to influence the outcome of an election. The group must then make full reports of
its contributions and expenditures. If
the issue is already on the ballot when the group forms, the ballot group
must register with the commission before making an expenditure in support of
or in opposition to a ballot proposition or question [A.S. §15.13.050(a)]. This includes making expenditures to order
checks or bank charges. Groups
contributing a total of $500 or more to a ballot group must report the
contributions no later than 30 days after the contribution was made [A.S.
§15.13.040(k)]. By non-groups: Non-groups must file a registration statement with
the public offices commission prior to making expenditures or contributions
[A.S. §15.13.050(a)]. There are no statutory restrictions on the
residency of the treasurer or the location of the depository. Reporting requirements for non-groups are the same as for
groups except that the itemized campaign disclosure statements must include: ·
All
expenditures made, incurred or authorized for the purpose of influencing the
outcome of an election [A.S. §15.13.040(j)]. However, an independent
expenditure supporting or opposing a candidate made by a non-group entity
with an annual operating budget of $250 or less does not need to be reported
[A.S. §15.13.135(a)]; and ·
Contributions
and expenditures to another non-group entity for the purpose of influencing
an election that reach $500 in a year, and all subsequent contributions and
expenditures that have not been reported and reach $500 in a year [A.S.
§15.13.040(j)(4)]. Late contribution
report: Any contribution to a non-group
entity for the purpose of influencing the outcome of the election exceeding
$250 and made within nine days of the election must be reported within 24
hours after the transaction has occurred [A.S. §15.13.110(b)]. The 24-hour report must be received within
24 hours—a postmark within 24 hours is not sufficient. The report must be either hand-delivered to
the IRS reporting: All PACs that do not file with the Federal Election
Commission and have gross receipts of $25,000 or more must file Form 8871
electronically with the Internal Revenue Service. Any PAC that reasonably anticipates its
gross receipts will be under $25,000 is exempt from filing this form. Additional disclosure of receipts,
expenditures, and taxable income may be required. For further information visit www.irs.gov/instructions/i8871. PACs with gross receipts of $100,000 or more must include
the following disclaimer on all fund-raising solicitations: "Contributions or gifts to [name of
organization] are not tax deductible as charitable contributions for federal
income tax purposes" [IRS Notice 88-120]. The public offices commission is developing an online
filing program. Until it is available the commission is recommending filers
download excel spreadsheets from their website at www.state.ak.us/local/akpages/ADMIN/apoc/xl_samples.shtml.
Save each spreadsheet and create one desktop file for each
report, i.e. the 30 Day Report, 7 Day Report, and so on. Each spreadsheet provides samples of how
information is listed. (Review those
samples but be sure to delete the sample data before filing a report.) To file the information the spreadsheet must be saved in a
format compatible with the commission’s system so the information can be
uploaded. The process is as follows: ·
From
your “File” menu, select “Save As”; ·
In
the “Save As Type” menu, choose CSV (Comma Delimited)(*.csv); ·
Change
the file name to clearly indicate what information this spreadsheet covers and
for which report (i.e. 30 Day Primary Expenditures); ·
Remember
where you are going to keep this information on your computer as you will
need to attach the spreadsheets to your email when you file the report; and ·
Click
the “Save” button. File the completed reports by attaching the spreadsheet
files to your email. Send them to DOA.APOC.Reports@alaska.gov. Additionally, list the name of the
candidate or group and the report in the subject line of the email. (i.e.
Senator A, 30 Day Primary Report). An electronic filing agreement must be submitted before a
filer may use the spreadsheet method. It can be either faxed or mailed to
APOC, 2221 East Northern Lights, Room 128, For group questions related to spreadsheet filing, call
Vullnet Greva at (907) 334-1728. For candidate questions related to
spreadsheet filing, call Kim Wilson at (907) 334-1731. Failure
to register may result in a fine of up to $50 per day. Failure to
report may result in a fine of up to $500 per day. Any other violation
of the law may result in a fine of up to $50 per day [A.S. §15.13.390]. A
group must terminate by filing a final report within 10 days after the date
of disbursing all assets and paying all debts [2 A.A.C. 50.394]. Following
the election, a group may leave its money in a campaign account until the
following election if the group plans to remain active, contribute the money
to another candidate or group subject to the contribution limitations and
other requirements of chapter 15.13, donate the money to qualified charitable
organizations under §501(c)(3), repay its contributors, or pay for a victory
or thank you party. A group must obtain the commission’s approval by
advisory opinion before disbursing its remaining funds in any other manner [2
A.A.C. §50.384]. Holly
Hill
(907)
276-4176 E-Mail: holly.hill@alaska.gov Registration requirements: Before making any contributions to candidates, federal
PACs must register with the commission on forms provided by the
commission. Please note, however, that contributions from out-of-state residents
cannot exceed 10 percent of the total contributions made during the calendar
year in which the contributions are received [A.S. §15.13.072(f)]. Reporting requirements: FEC reports may not be filed in
lieu of state reports. Federal PACs must file reports according to Who
Can Contribute and What Types of Contributions Are Allowed
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