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2008-01-10 Special Meeting
1 ROLL CALL Kodiak Island Borough Assembly Special Meeting Agenda January 10, 2008, 7:30 p.m. Borough Conference Room 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING PUBLIC HEARING A. Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. 4. ADJOURNMENT This meeting was called by the Mayor and Assembly. Page 1 of 1 1. ROLL CALL Kodiak Island Borough Assembly Special Meeting Guidelines January 10, 2008, 7:30 p.m., Borough Conference Room 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. Recommended motion: Move to adopt Ordinance No. FY2008 -12. Staff Report — Clerk Javier Recommended motion: Move to a36pt Ordinance No. FY2008 -12 by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION AS AMENDED. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines January 3, 2008 Page 1 Nova Javier =rom: barbara williams [snoskwrl @gci.net] ,ent: Thursday, January 10, 2008 2:45 PM To: Nova Javier Subject: Ordinance #FY2008 -12 revised version Nova, please have my comments read into the public record at this evening's special meeting. Thank you. In my opinion, this is not a "time sensitive" issue. This ordinance does not define what is or is not an excused absence and needs more time and thought before passage. I do not feel this ordinance needs to be passed at all as I did not find the original ordinance to be ambiguous. However, it appears that a majority of you were "confused" and feel it is the public's best interest to have the issue of attendance "clarified ". If that is Ms. Branson's intention, than I suggest you also be clearer about AS29.20.170 and which specific areas are being referenced. This ordinance also does not specify what will determine whether a person is mentally or physically able to fulfill their duties. ( 2.16.000, item number 4.) This policy change is too important to be rushed through as the implications are long term and the potential for not only this assembly, but future assemblies to do "mischief" is more than just a possibility. I would rather see you use your time and the Boroughs financial resources on issues which have a higher priority than trying to fix a portion of the borough code which was never broken in the first place. 1 a .E 't; t EFtf"3 As EMBL`-_ iAYO z p BY: SECOND: BY: i1' SECOND: BY: SECOND: BY: \./ SECOND: f BY: SECOND Ye3 No No a No 0, lig IN MI No No Mr. Abell V Mr. Abell MI gig MFA gri III IF, Mr. Abell AO Ms. Branso (go' Mr. Abell ,.i Ms. Branson Mr. Abell Ms. Branson JIM M MI Ms. Branson V Ms. Branson Mr. Friend Mr. Friend ,,�� Ms. Jeffrey Ms. Lynch " "_ •,�...�►� _._ Ms. Stutes Mr. Friend Mr. Friend Mr. Friend q t,M Ms. Jeffrey ✓ Ms. Jeffrey Ms. Lynch ► • _ Ms. Jeffrey Ms. Lynch r. • • swa FA III Ms. Jeffrey Ms. Lynch • r. • „ . Ms. Lynch V Mr. Oswalt Ms. Stutes V Ms. Stutes Ms. Stutes M- • warn min Ms. Stutes IM ,1 Mil 11. DOES ANYONE ( 0 WISH TO CHANGE TOTAL In case of a tie trim THEIR VOTE? TOTAL In case of a tie TOTAL In case of a tie TOTAL TOTAL In case of a tie In case of a tie Mayor Selby ✓ Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special • _ t Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 011(D1 Adjourned: BY: i SECOND: N, - J BY: SECOND: BY: SECOND: BY: SECOND: BY: SECOND: Y e N o Yes No Yes No Yes No Yes No Mr. Abell Mr. Abell Mr. Abell Mr. Abell Mr. Abell Ms. Branson ✓ Ms. Branson Ms. Branson Ms. Branson Ms. Branson Mr. Friend V Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Jeffrey �/ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Oswalt Mr. Oswalt Mr. Oswalt Mr. Oswalt Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes / D I) OES TOTAL ANYONE WISH TO CHANGE TOTAL THEIR VOTE? TOTAL TOTAL TOTAL In case of a tie In case of a tie In case of a tie In case of a tie In case of a tie Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular Special 7 j Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: n`llp Cl/assembly/roll call sheet Adjourned: /7-x / ©v//4i Section 8 Absences to terminate membership. If the mayor or any member of the council shall be absent from four consecutive regular meetings of the council, the council may declare the office vacant; and the office shall be automatically vacated if the mayor or councilmember is absent from more than one -half of all regular meetings held within any six -month period. rn er1zt" 6( -feu Crier( bc14_ \MA CCU-) NIAC4 4(kfi' CA a vtt-7 VX),‘ 0 i t U J I eA4/1(1 Visj ( Aj°4- O uall/e THIS IS WHAT IS BEFORE THE ASSEMBLY Introduced Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Assembly Member Branson Introduced: 01/03/2008 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIES WHEREAS, KIBC 2.16.060 A. 4. presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month period, and WHEREAS, this section of the borough code was last amended in May 1990; and WHEREAS, since 1990 the Assembly has not used this code section to declare any assembly member's seat to be vacant; and WHEREAS, it has been brought to the attention of the Assembly that this section could be read to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect the practices of the Assembly since 1990; and WHEREAS, according to KIBC 1.01.110 A, the Assembly may expressly provide that the amendment to KIBC 2.16.060 A.4. extinguishes any penalty, forfeiture, liability incurred, or right accruing under KIBC 2.16.060 A.4, as it read before this amendment; and WHEREAS, it is clear that the 1990 amendment merely omitted the word "unexcused" from the second clause of the ordinance; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough Ordinance No. FY2008 -12 Page 1 of 2 Section 2: Title 2 Administration and Personnel Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: 1. resigns and the assembly accepts the resignation; 2. is convicted of a felony or an offense involving a violation of the oath of office; 3. no longer physically resides in the borough; or 4. if a member of the Assembly misses three consecutive held regular meetings and is not excused. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -12 Page 2of2 i SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -12 Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Assembly Member Branson Introduced: 01/03/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.16 BOROUGH ASSEMBLY SECTION 2.16.060 DECLARING AND FILLING VACANCIES WHEREAS, KIBC 2.16.060 A. 4 presently reads as follows: The Assembly shall declare an assembly member's seat vacant when the assembly member misses more than four (4) unexcused consecutive regularly scheduled assembly meetings, or misses one - half (1/2) of all regular assembly meetings of the assembly in a six (6) month p iod, and e member's seat to be vacant; and the borough co was last amended in May 1990; and 2.00 (o WHEREAS, it has been brought to the attention of the Assembly that this section ltl rrreacS to require the Assembly to declare an assembly member's seat to be vacant, regardless of whether or not absences were excused by the Assembly, and whether or not the assembly member missed regularly scheduled, but canceled meetings; and WHEREAS, it is in the best interests of the Kodiak Island Borough to clarify and amend this section to reflect _ _ _ _ ' _ _ _ _ • _ • _ - _ _ _ • _ _ ! ! Alaska Statutes 29.20.170; and WHEREAS, according to KIBC 1.01.110 A, the Accombly may ox accruing undor KIBC 2.16.060 A.4, ac it read before this amendmont; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough Ordinance No. FY2008 -12 Page 1 of 2 SUBSTITUTED VERSION Section 2: Title 2 Administration and Personnel Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring and Filling Vacancies is amended to read: 2.16.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member: (1) fails to qualify or take office within 30 days after election or appointment; (2) is physically absent from the municipality for 90 consecutive days unless excused by the governing body; I (3) resigns and the resignation is accepted; (4) is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the governing body; (5) is convicted of a felony or of an offense involving a violation of the oath of office; (6) is convicted of a felony or misdemeanor described in AS 15.56 and two- thirds of the members of the governing body concur in expelling the person elected; (7) is convicted of a violation of AS 15.13; (8) no longer physically resides in the municipality and the governing body by two - thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140 (a); or (9) if a member of the governing body, misses, three consecutive held regular meetings and is not excused. LOPTED t BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk �6 air a( \LCuCac law b,-� K rv q/fC\ c'D Kodiak Island Borough 3. no longer physically rosidoc in tho borough; or '1. miccec more than four ('I) unoxcucod concecutivo regularly cchodulod r. KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor \A(Jt_ ,l V V � Z :c" 4k-32- W f„,c j6tcar /" No. FY2008 -12 Page 2 of 2 Sec. 15.56.018. Applicability of campaign misconduct provisions.. (a) For purposes of AS 15.56.012 (a) and 15.56.016(a)(1), each day a violation continues constitutes a separate offense. (b) When a person is convicted of violating AS 15.56.012 , in addition to imposition of a sentence as authorized by AS 12.55.015 , notwithstanding AS 12.55.015 (c), the court shall order suspension, for a period of one year, of any license held by the defendant that allows the defendant to do business in the state. Sec. 15.56.019. Definition. In AS 15.56.012 - 15.56.018, the term "knowingly" has the meaning given in AS 11.81.900 (a). Sec. 15.56.020. Campaign misconduct in the second degree. [Repealed, Sec. 28 ch 48 SLA 1996]. Repealed or Renumbered Sec. 15.56.025. Telephone campaign misconduct. (a) A person commits the crime of telephone campaign misconduct if the person makes a statement about a candidate (1) as part of an organized telephone poll or organized series of calls to convince potential voters concerning the outcome of an election; (2) that the person knows to be false; and (3) that the person intends to affect the outcome of the election. (b) Violation of this section is a corrupt practice. However, notwithstanding AS 15.20.540, only a defeated candidate may contest the nomination or election of a person for violation of this section. (c) Telephone campaign misconduct is a class A misdemeanor. Sec. 15.56.030. Unlawful interference with voting in the first degree. (a) A person commits the crime of unlawful interference with voting in the first degree if the person (1) uses, threatens to use, or causes to be used force, coercion, violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, harm, or loss, upon or against another person to induce or compel that person to vote or refrain from voting in an election; (2) knowingly pays, offers to pay, or causes to be paid money or other valuable thing to a person to vote or refrain from voting in an election; (3) solicits, accepts, or agrees to accept money or other valuable thing with the intent to vote for or refrain from voting for a candidate at an election or for an election proposition or question; (4) violates AS 15.20.081 (a) by knowingly supplying or encouraging or assisting another person to supply to a voter an absentee ballot application form with a political party or group affiliation indicated if the voter is not already registered as affiliated with that political party or group, and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035(a)(5); (5) knowingly designs, marks, or encourages or assists another person to design or mark an absentee ballot application in a manner that suggests choice of one ballot over another as prohibited by AS 15.20.081(a), and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035 (a)(6); or (6) knowingly submits or encourages or assists another person to submit an absentee ballot application to an intermediary who could control or delay the submission of the application to the division of elections or who could gather data from the application form as prohibited by AS 15.20.081 (a), and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035 (a)(7). (b) Violation of this section is a corrupt practice. (c) Unlawful interference with voting in the first degree is a class C felony. (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" (1) includes (A) an entry in a game of chance in which a prize of money or other present or future pecuniary gain or advantage may be awarded to a participant wherein the total of the prizes offered is greater than $2 per participant with a maximum of $100; and (B) government employment or benefits; (2) does not include (A) materials having a nominal value bearing the name, likeness, or other identification of a candidate, political party, political group, party district committee, or organization, or stating a position on a ballot proposition or question; (B) food and refreshments provided incidental to an activity that is nonpartisan in nature and directed at encouraging persons to vote, or incidental to a gathering in support of or in opposition to a candidate, political party, political group, party district committee, organization, or ballot question or proposition; (C) care of the voter's dependents provided in connection with the absence of a voter from home for the purpose of voting; (D) services provided by a person acting as a representative under AS 15.20.072 ; (E) services provided by an election official as defined in AS 15.60.010; and (F) transportation of a voter to or from the polls without charge. Sec. 15.56.035. Unlawful interference with voting in the second degree. (a) A person commits the crime of unlawful interference with voting in the second degree if the person (1) has an official ballot in possession outside of the voting room unless the person is an election official or other person authorized by law or local ordinance, or by the director or chief municipal elections official in a local election; (2) makes, or knowingly has in possession, a counterfeit of an official election ballot; (3) knowingly solicits or encourages, directly or indirectly, a registered voter who is no longer qualified to vote under AS 15.05.010 , to vote in an election; (4) as a registration official (A) knowingly refuses to register a person who is entitled to register under AS 15.07.030 ; or (B) accepts a fee from an applicant applying for registration; (5) violates AS 15.20.081 (a) by knowingly supplying or encouraging or assisting another person to supply to a voter an absentee ballot application form with a political party or group affiliation indicated if the voter is not already registered as affiliated with that political party or group; (6) knowingly designs, marks, or encourages or assists another person to design or mark an absentee ballot application in a manner that suggests choice of one ballot over another as prohibited by AS 15.20.081(a); or (7) knowingly submits or encourages or assists another person to submit an absentee ballot application to an intermediary who could control or delay the submission of the application to the division of elections or who could gather data from the application form as prohibited by AS 15.20.081 (a). (b) Violation of (a)(3) of this section is a corrupt practice. (c) Unlawful interference with voting in the second degree is a class A misdemeanor. Sec. 15.56.040. Voter misconduct in the first degree. (a) A person commits the crime of voter misconduct in the first degree if the person (1) votes or attempts to vote in the name of another person or in a name other than the person's own; (2) votes or attempts to vote more than once at the same election with the intent that the person's vote be counted more than once; (3) intentionally makes a false affidavit, swears falsely, or falsely affirms under an oath required by this title; (4) knowingly votes or solicits a person to vote after the polls are closed with the intent that the vote be counted. (b) Voter misconduct in the first degree is a class C felony. Sec. 15.56.050. Voter misconduct in the second degree. (a) A person commits the crime of voter misconduct in the second degree if the person (1) registers to vote without being entitled to register under AS 15.07.030; (2) knowingly makes a material false statement while applying for voter registration or reregistration; or (3) votes or attempts to vote in an election after being disqualified under AS 15.05.030 . (b) Voter misconduct in the second degree is a class A misdemeanor. Sec. 15.56.060. Unlawful interference with an election. (a) A person commits the crime of unlawful interference with an election if the person (1) induces or attempts to induce an election official to fail in the official's duty by force, threat, intimidation, or offers of reward; (2) intentionally changes, attempts to change, or causes to be changed an official election document including ballots, tallies, and returns; (3) intentionally delays, attempts to delay, or causes to be delayed the sending of the certificate, register, ballots, or other materials whether original or duplicate, required to be sent by AS 15.15.370 ; or (4) is contracted or employed by the state to print or reproduce in any manner an official ballot, and the person knowingly (A) personally appropriates, or gives or delivers to, or permits to be taken by anyone other than a person authorized by the director, official ballots; or (B) prints or reproduces or has printed or reproduced official ballots in a form or with a content other than that prescribed by law or as directed by the director. (b) Unlawful interference with an election is a class C felony. Sec. 15.56.070. Election official misconduct in the first degree. (a) A person commits the crime of election official misconduct in the first degree if while an election official, the person (1) intentionally fails to perform an election duty or knowingly does an unauthorized act with the intent to affect an election or its results; (2) knowingly permits or makes or attempts to make a false count of election returns; or (3) intentionally conceals, withholds, destroys, or attempts to conceal, withhold, or destroy election returns. (b) Election official misconduct in the first degree is a class C felony. Sec. 15.56.080. Election official misconduct in the second degree. (a) A person commits the crime of election official misconduct in the second degree if while an election official, and while the polls are open, the person (1) opens a ballot received from a voter at an election, unless permitted by ordinance in a local election; (2) marks a ballot by folding or otherwise so as to be able to recognize it; (3) otherwise attempts to learn how a voter marked a ballot; or (4) allows a person to do one of the acts prescribed by (1), (2), or (3) of this subsection. (b) Election official misconduct in the second degree is a class A misdemeanor. Sec. 15.56.090. Improper subscription to petition. (a) A person commits the crime of improper subscription to petition if the person (1) signs a name other than the person's own to a petition proposing an initiative, referendum, recall, or nomination of a candidate for state or local office; (2) knowingly signs more than once for the same proposition, question, or candidate at one election; (3) signs a petition proposing an initiative, referendum, recall, or nomination of a candidate for state or local office, while knowingly not being a qualified voter; or (4) solicits, accepts, or agrees to accept money or other valuable thing in exchange for signing or refraining from signing a petition proposing an initiative; in this paragraph, "other valuable thing" has the meaning given in AS 15.56.030 (d). (b) Improper subscription to petition is a class B misdemeanor. Sec. 15.56.100. Refusal to allow employees time off. (a) An employer commits the offense of refusal to allow employees time off if the employer refuses to allow an employee time off for the purpose of voting, or if, after allowing the time off, the employer deducts the time from the wages of the employee, except as provided in (b) of this section. (b) An employee who has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee's regular working shift, or between the end of that regular working shift and the close of the polls, is considered to have sufficient time outside of working hours within which to vote. (c) Refusal to allow employees time off to vote is a violation. Sec. 15.56.110. Effect of certain convictions. (a) The election of a candidate to the state legislature or to municipal office who knowingly commits a corrupt practice or whose campaign treasurer or deputy campaign treasurer knowingly commits a corrupt practice is voidable under this section. (b) If a successful candidate or the campaign treasurer or the deputy campaign treasurer of a successful candidate for the state legislature or for a seat on a city council or borough assembly or for mayor is convicted of a felony or misdemeanor described in this chapter as a corrupt practice, the eligibility of the successful candidate to hold the office to which elected shall be determined as to (1) a member of the legislature under art. II, Sec. 12 of the state constitution; (2) a member of the borough assembly under AS 29.20.170 (6); (3) a borough mayor under AS 29.20.280 (6); (4) a member of the city council under AS 29.20.170 (6); (5) a city mayor under AS 29.20.280 (6). Sec. 15.56.115. Disposition of cases involving corrupt practice. When a candidate or a nominee or the campaign treasurer of a candidate or a nominee is charged with a felony or misdemeanor described in this chapter as a corrupt practice, the case shall be promptly tried and the case shall be accorded a preferred status by the courts to ensure a speedy disposition of the matter. Sec. 15.56.120. Election defined. [Repealed, Sec. 4 ch 87 SLA 1996]. Repealed or Renumbered Sec. 15.56.130. Time limitation. A prosecution for an offense described in AS 15.05 - AS 15.60 (Alaska Election Code) may not be maintained unless it is begun within one year after the date of the election in connection with which the offense is alleged to have been committed. Sec. 15.56.199. Definitions. In this chapter, (1) "election" includes a local election as defined in AS 15.60.010 in addition to a state election; (2) "knowingly" has the meaning given in AS 11.81.900 (a). Chapter 15.57. ELECTION PAMPHLET [Repealed, Sec. 232 ch 100 SLA 1980. For current law, see AS 15.58]. Chapter 15.58. ELECTION PAMPHLET Chapter 15.13. STATE ELECTION CAMPAIGNS Sec. 15.13.010. Applicability. (a) This chapter applies (1) in every election for governor, lieutenant governor, a member of the state legislature, a delegate to a constitutional convention, or judge seeking electoral confirmation; (2) to every candidate for election to a municipal office in a municipality with a population of more than 1,000 inhabitants according to the latest United States census figures or estimates of population certified as correct for administrative purposes by the Department of Commerce, Community, and Economic Development unless the municipality has exempted itself from the provisions of this chapter; a municipality may exempt its elected municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800 (20), or a special municipality -wide election called for that purpose, votes to exempt its elected municipal officers from the requirements of this chapter; the question of exemption from the requirements of this chapter may be submitted by the governing body by ordinance or by initiative election. (b) Except as otherwise provided, this chapter applies to contributions, expenditures and communications made by a candidate, group, nongroup entity, municipality or individual for the purpose of influencing the outcome of a ballot proposition or question as well as those made to influence the nomination or election of a candidate. (c) This chapter does not prohibit a municipality from regulating by ordinance election campaign contributions and expenditures in municipal elections, or from regulating those campaign contributions and expenditures more strictly than provided in this chapter. (d) This chapter does not limit the authority of a person to make contributions to influence the outcome of a voter proposition submitted to the public for a vote at a municipal election. In this subsection, in addition to its meaning under AS 15.13.065 (c), "proposition" means a municipal reclassification, proposal to adopt or amend a home rule charter, a unification proposal, a boundary change proposal, or the approval of an ordinance when approval by public vote is a requirement for the ordinance. Sec. 15.13.011. Inapplicability to presidential primary. [Repealed, Sec. 1 ch 2 SLA 1984]. Repealed or Renumbered Sec. 15.13.020. Alaska Public Offices Commission. (a) There is created in the Department of Administration the Alaska Public Offices Commission consisting of five members. The governor shall appoint all members of the commission in the manner prescribed in (b) and (c) of this section, subject to confirmation by a majority of the legislature meeting in joint session. (b) The governor shall appoint two members of each of the two political parties whose candidate for governor received the highest number of votes in the most recent preceding general election at which a governor was elected. The two appointees from each of these two parties shall be chosen from a list of four names to be submitted by the central committee of each party. (c) The four members selected under (b) of this section shall, by a majority vote, nominate to the governor an individual to serve as the fifth member of the commission. The governor shall either appoint the nominee to the commission, or shall reject the nominee and request those four members to nominate another individual to serve as the fifth member of the commission. (d) Members of the commission serve staggered terms of five years, or until a successor is appointed and qualifies. The terms of no two members who are members of the same political party may expire in consecutive years. A member may not serve more than one term. However, a person appointed to fill the unexpired term of a predecessor may be appointed to a successive full five -year term. (e) A member of the commission, during tenure, may not (1) hold or campaign for elective office; (2) be an officer of a political party, political committee, or group; (3) permit the member's name to be used, or make any contributions whatsoever, in support of or in opposition to a candidate or proposition or question that appears on any ballot in the state including but not limited to that of a municipality; however, contributions may be made to a candidate for the office of President of the United States; (4) participate in any way in an election campaign or participate in or contribute to any political party; or (5) lobby, employ or assist a lobbyist. (f) Members of the commission shall receive compensation of $50 a day while attending commission meetings and shall be entitled to travel expenses and per diem authorized by law for members of other boards and commissions. (g) The members shall elect a chairperson. Three members of the commission constitute a quorum. A vacancy does not impair the powers of the remaining members to exercise all of the powers of the commission. (h) A vacancy on the commission shall be filled through the appropriate appointing method for the position within 30 days after the occurrence of the vacancy. Except as provided in AS 39.05.080 (4), the appointee shall serve for the remaining term of the appointee's predecessor. (i) The commission may employ an executive director and other employees it considers necessary. Neither the executive director nor an employee may have a vote. (j) The commission shall establish an office, which may be called a regional office, in each senate district in the state to keep on file for public inspection copies of all reports filed with the commission by candidates for statewide office and by candidates for legislative office in that district; however, where one municipality contains more than one house district, only one commission office shall be established in that municipality. The regional office shall make all forms and pertinent material available to candidates. All reports shall be filed by candidates, groups, and individuals directly with the commission's central district office. The commission shall ensure that copies of all reports by statewide and legislative candidates in each senate district are forwarded promptly to that district or regional office. (k) The commission shall ensure that copies of reports filed by candidates for municipal office are made available for public inspection in the appropriate municipality. Sec. 15.13.030. Duties of the commission. The commission shall (1) develop and provide all forms for the reports and statements required to be made under this chapter, AS 24.45, and AS 39.50; (2) prepare and publish a manual setting out uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter and otherwise assist candidates, groups, and individuals in complying with the requirements of this chapter; (3) receive and hold open for public inspection reports and statements required to be made under this chapter and, upon request, furnish copies at cost to interested persons; (4) compile and maintain a current list of all filed reports and statements; (5) prepare a summary of each report filed under AS 15.13.110 and make copies of this summary available to interested persons at their actual cost; (6) notify, by registered or certified mail, all persons who are delinquent in filing reports and statements required to be made under this chapter; (7) examine, investigate, and compare all reports, statements, and actions required by this chapter, AS 24.45, and AS 39.50; (8) prepare and publish a bienniai report concerning the activities of the commission, the effectiveness of this chapter, its enforcement by the attorney general's office, and recommendations and proposals for change; the commission shall notify the legislature that the report is available; (9) adopt regulations necessary to implement and clarify the provisions of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 (Administrative Procedure Act); and (10) consider a written request for an advisory opinion concerning the application of this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported. (a) Except as provided in (g) and (I) of this section, each candidate shall make a full report, upon a form prescribed by the commission, (1) listing (A) the date and amount of all expenditures made by the candidate; (B) the total amount of all contributions, including all funds contributed by the candidate; (C) the name, address, date, and amount contributed by each contributor; and (D) for contributions in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and (2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer. (b) Each group shall make a full report upon a form prescribed by the commission, listing (1) the name and address of each officer and director; (2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, "contributor" means the true source of the funds, property, or services being contributed; and (3) the date and amount of all contributions made by it and all expenditures made, incurred, or authorized by it. (c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group's treasurer. (d) Every individual, person, nongroup entity, or group making an expenditure shall make a full report of expenditures, upon a form prescribed by the commission, unless exempt from reporting. (e) The report required under (d) of this section must contain the name, address, principal occupation, and employer of the individual filing the report, and an itemized list of expenditures. The report shall be filed with the commission no later than 10 days after the expenditure is made. (f) During each year in which an election occurs, all businesses, persons, or groups that furnish any of the following services, facilities, or supplies to a candidate or group shall maintain a record of each transaction: newspapers, radio, television, advertising, advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation or management, media production or preparation, or computer services. Records of provision of services, facilities, or supplies shall be available for inspection by the commission. (g) The provisions of (a) and (I) of this section do not apply to a delegate to a constitutional convention, a judge seeking judicial retention, or a candidate for election to a municipal office under AS 15.13.010 , if that delegate, judge, or candidate (1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seeking election to office, including both the primary and general elections; (2) accepts contributions totaling not more than $5,000 in seeking election to office, including both the primary and general elections; and (3) makes expenditures totaling not more than $5,000 in seeking election to office, including both the primary and general elections. (h) The provisions of (d) of this section do not apply to one or more expenditures made by an individual acting independently of any group or nongroup entity and independently of any other individual if the expenditures (1) cumulatively do not exceed $500 during a calendar year; and (2) are made only for billboards, signs, or printed material concerning a ballot proposition as that term is defined by AS 15.13.065(c). (i) The permission of the owner of real or personal property to post political signs, including bumper stickers, or to use space for an event or to store campaign - related materials is not considered to be a contribution to a candidate under this chapter unless the owner customarily charges a fee or receives payment for that activity. The fact that the owner customarily charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political signs. (j) Except as provided in (I) of this section, each nongroup entity shall make a full report in accordance with AS 15.13.110 upon a form prescribed by the commission and certified by the nongroup entity's treasurer, listing (1) the name and address of each officer and director of the nongroup entity; (2) the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election; (3) for all contributions described in (2) of this subsection, the name, address, date, and amount contributed by each contributor and, for all contributions described in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and (4) the date and amount of all contributions made by the nongroup entity, and, except as provided for certain independent expenditures in AS 15.13.135 (a), all expenditures made, incurred, or authorized by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500. (k) Every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of influencing the outcome of a proposition shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made. The report must include the name, address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that group by that individual, person, nongroup entity, or group during the calendar year. (I) Notwithstanding (a), (b), and (j) of this section, for any fund - raising activity in which contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or nongroup entity shall report contributions and expenditures and supplying of services under this subsection as follows: (1) a report under this subsection must (A) describe the fund - raising activity; (B) include the number of persons making contributions and the total proceeds from the activity; (C) report all contributions made for the fund - raising activity that do not exceed $50 a person in amount or value; if a contribution for the fund- raising activity exceeds $50, the contribution shall be reported under (a), (b), and (j) of this section; (2) for purposes of this subsection, (A) "contribution" means a cash donation, a purchase such as the purchase of a ticket, the purchase of goods or services offered for sale at a fund - raising activity, or a donation of goods or services for the fund- raising activity; (B) "fund- raising activity" means an activity, event, or sale of goods undertaken by a candidate, group, or nongroup entity in which contributions are $50 a person or less in amount or value. (m) Information required under this chapter shall be submitted to the commission electronically, except that the following information may be submitted in clear and legible black typeface or hand - printed in dark ink on paper in a format approved by the commission or on forms provided by the commission: (1) information submitted by a candidate for municipal office; in this paragraph, "municipal office" means the office of an elected borough or city (A) mayor; or (B) assembly, council, or school board member; (2) any information if the commission determines that circumstances warrant an exception to the electronic submission requirement; (3) information submitted by a candidate for election to state office other than the legislature who meets the requirements of (g)(1) - (3) of this section; (4) information submitted before January 1, 2009, by a candidate for the legislature. (n) The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page. (o) Information required by this chapter that is submitted to the commission on paper and not electronically shall be electronically scanned and published on the Internet by the commission, in a format accessible to the general public, within two working days after the commission receives the information. (p) For purposes of (b) and (j) of this section, "contributor" means the true source of the funds, property, or services being contributed. Sec. 15.13.045. Investigations, hearings. (a) The commission may issue subpoenas, administer oaths, hold hearings, and conduct investigations. (b) In conjunction with (a) of this section, the commission may compel the attendance of witnesses and production of papers, books, records, accounts, documents, and testimony, and may have the deposition of witnesses taken in a manner prescribed by court rule or law for the taking of depositions in civil actions when consistent with the powers and duties assigned to the commission by this chapter. (c) The commission may examine the papers, books, records, accounts, and documents of any person subject to this chapter to ascertain the correctness of a report filed with the commission, or in conjunction with an investigation or inspection conducted under (a) of this section. (d) Subpoenas may be issued and shall be served in the manner prescribed by AS 44.62.430 and court rule. The failure, refusal, or neglect to obey a subpoena is punishable as contempt in the manner prescribed by law or court rule. The superior court may compel obedience to the commission's subpoena in the same manner as prescribed for obedience to a subpoena issued by the court. Sec. 15.13.050. Registration before expenditure. (a) Before making an expenditure in support of or in opposition to a candidate or before making an expenditure in support of or in opposition to a ballot proposition or question, each person other than an individual shall register, on forms provided by the commission, with the commission. (b) If a group intends to support only one candidate or to contribute to or expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the candidate shall be a part of the name of the group. If the group intends to oppose only one candidate or to contribute its funds in opposition to or make expenditures in opposition to a candidate, the group's name must clearly state that it opposes that candidate by using a word such as "opposes," "opposing," "in opposition to," or "against" in the group's name. Promptly upon receiving the registration, the commission shall notify the candidate of the group's organization and intent. A candidate may register more than one group to support the candidate; however, multiple groups controlled by a single candidate shall be treated as a single group for purposes of the contribution limit in AS 15.13.070 (b)(1). Sec. 15.13.060. Campaign treasurers. (a) Each candidate and group shall appoint a campaign treasurer who is responsible for receiving, holding, and disbursing all contributions and expenditures, and for filing all reports and statements required by law. A candidate may be a campaign treasurer. (b) Each group shall file the name and address of its campaign treasurer with the commission at the time it registers with the commission under AS 15.13.050 . (c) Each candidate for state office shall file the name and address of the campaign treasurer with the commission, or submit, in writing, the name and address of the campaign treasurer to the director for filing with the commission, no later than 15 days after the date of filing the declaration of candidacy or the nominating petition. Each candidate for municipal office shall file the name and address of the campaign treasurer with the commission no later than seven days after the date of filing the declaration of candidacy or the nominating petition. If the candidate does not designate a campaign treasurer, the candidate is the campaign treasurer. (d) In the case of the death, resignation, or removal of a campaign treasurer, the candidate shall appoint a successor as soon as practicable and file the successor's name and address with the commission within 48 hours of the appointment. The candidate is disqualified if found to have been in wilful violation of this subsection. (e) A campaign treasurer may appoint as many deputy campaign treasurers as necessary. The candidate shall file the names and addresses of the deputy campaign treasurers with the commission. (f) The candidate is responsible for the performance of the campaign treasurer, and any default or violation by the treasurer also shall be considered a default or violation by the candidate if the candidate knew or had reason to know of the default or violation. Sec. 15.13.065. Contributions. (a) Individuals, groups, nongroup entities, and political parties may make contributions to a candidate. An individual, group, or nongroup entity may make a contribution to a group, to a nongroup entity, or to a political party. (b) A political party may contribute to a subordinate unit of the political party, and a subordinate unit of a political party may contribute to the political party of which it is a subordinate unit. (c) Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of AS 15.13.050 , 15.13.060, and 15.13.112 - 15.13.114, the provisions of AS 15.13.010 - 15.13.116 do not apply to limit the authority of a person to make contributions to influence the outcome of a ballot proposition. In this subsection, in addition to its meaning in AS 15.60.010 , "proposition" includes an issue placed on a ballot to determine whether (1) a constitutional convention shall be called; (2) a debt shall be contracted; (3) an advisory question shall be approved or rejected; or (4) a municipality shall be incorporated. Sec. 15.13.067. Who may make expenditures. Only the following may make an expenditure in an election for candidates for elective office: (1) the candidate; (2) an individual; (3) a group that has registered under AS 15.13.050 ; and (4) a nongroup entity that has registered under AS 15.13.050 . Sec. 15.13.070. Limitations on amount of political contributions. (a) An individual or group may make contributions, subject only to the limitations of this chapter and AS 24.45, including the limitations on the maximum amounts set out in this section. (b) An individual may contribute not more than (1) $500 per year to a nongroup 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; (2) $5,000 per year to a political party. (c) A group that is not a political party may contribute not more than $1,000 per year (1) to a candidate, or to an individual who conducts a write -in campaign as a candidate; (2) to another group, to a nongroup entity, or to a political party. (d) A political party may contribute to a candidate, or to an individual who conducts a write -in campaign, for the following offices an amount not to exceed (1) $100,000 per year, if the election is for governor or lieutenant governor; (2) $15,000 per year, if the election is for the state senate; (3) $10,000 per year, if the election is for the state house of representatives; and (4) $5,000 per year, if the election is for (A) delegate to a constitutional convention; (B) judge seeking retention; or (C) municipal office. (e) This section does not prohibit a candidate from using up to a total of $1,000 from campaign contributions in a year to pay the cost of (1) attendance by a candidate or guests of the candidate at an event or other function sponsored by a political party or by a subordinate unit of a political party; (2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; or (3) co- sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party. (f) A nongroup entity may contribute not more than $1,000 a year to another nongroup 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, to a group, or to a political party. Sec. 15.13.072. Restrictions on solicitation and acceptance of contributions. (a) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election - related expenses under AS 15.13.100 may not solicit or accept a contribution from (1) a person not authorized by law to make a contribution; (2) an individual who is not a resident of the state at the time the contribution is made, except as provided in (e) of this section; (3) a group organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made; or (4) a person registered as a lobbyist if the contribution violates AS 15.13.074(g) or AS 24.45.121 (a)(8). (b) A candidate or an individual who has filed with the commission the document necessary to permit the individual to incur election - related expenses under AS 15.13.100 , or a group, may not solicit or accept a cash contribution that exceeds $100. (c) An individual, or one acting directly or indirectly on behalf of that individual, may not solicit or accept a contribution (1) before the date for which contributions may be made as determined under AS 15.13.074 (c); or (2) later than the day after which contributions may not be made as determined under AS 15.13.074 (c). (d) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election - related expenses under AS 15.13.100 for election or reelection to the state legislature may not solicit or accept a contribution while the legislature is convened in a regular or special legislative session unless the solicitation or acceptance occurs (1) during the 90 days immediately preceding an election in which the candidate or individual is a candidate; and (2) in a place other than the capital city. (e) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election - related expenses under AS 15.13.100 may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made if the amounts contributed by individuals who are not residents do not exceed (1) $20,000 a calendar year, if the candidate or individual is seeking the office of governor or lieutenant governor; (2) $5,000 a calendar year, if the candidate or individual is seeking the office of state senator; (3) $3,000 a calendar year, if the candidate or individual is seeking the office of state representative or municipal or other office. (f) A group or political party may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made, but the amounts accepted from individuals who are not residents may 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. (g) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election - related expenses under AS 15.13.100 for election or reelection to the office of governor or lieutenant governor may not solicit or accept a contribution in the capital city while the legislature is convened in a regular or special legislative session. (h) A nongroup entity may solicit or accept contributions for the purpose of influencing the nomination or election of a candidate from an individual who is not a resident of the state at the time the contribution is made or from an entity organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made. The amounts accepted by the nongroup entity from these individuals and entities for the purpose of influencing the nomination or election of a candidate may not exceed 10 percent of total contributions made to the nongroup entity for the purpose of influencing the nomination or election of a candidate during the calendar year in which the contributions are received. Sec. 15.13.074. Prohibited contributions. (a) A person, group, or nongroup entity may not make a contribution if the making of the contribution would violate this chapter. (b) A person or group may not make a contribution anonymously, using a fictitious name, or using the name of another. (c) A person or group may not make a contribution (1) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election - related expenses as authorized by AS 15.13.100 when the office is to be filled at a general election before the date that is 18 months before the general election; (2) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election - related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the date that is 18 months before the date of the regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or (3) to any candidate later than the 45th day (A) after the date of the primary election if the candidate was not nominated at the primary election; or (B) after the date of the general election, or after the date of a municipal or municipal runoff election. (d) A person or group may not make a contribution to a candidate or a person or group who is prohibited by AS 15.13.072 (c) from accepting it. (e) A person or group may not make a cash contribution that exceeds $100. (f) A corporation, company, partnership, firm, association, entity recognized as tax - exempt under 26 U.S.C. 501(c)(3) (Internal Revenue Code), organization, business trust or surety, labor union, or publicly funded entity that does not satisfy the definition of group or nongroup entity in AS 15.13.400 may not make a contribution to a candidate, group, or nongroup entity. (g) An individual required to register as a lobbyist under AS 24.45 may not make a contribution to a candidate for the legislature at any time the individual is subject to the registration requirement under AS 24.45 and for one year after the date of the individual's initial registration or its renewal. However, the individual may make a contribution under this section to a candidate for the legislature in a district in which the individual is eligible to vote or will be eligible to vote on the date of the election. An individual who is subject to the restrictions of this subsection shall report to the commission, on a form provided by the commission, each contribution made while required to register as a lobbyist under AS 24.45. Upon request of the commission, the information required under this subsection shall be submitted electronically. This subsection does not apply to a representational lobbyist as defined in regulations of the commission. (h) Notwithstanding AS 15.13.070 , a candidate for governor or lieutenant governor and a group that is not a political party and that, under the definition of the term "group," is presumed to be controlled by a candidate for governor or lieutenant governor, may not make a contribution to a candidate for another office, to a person who conducts a write - in campaign as a candidate for other office, or to another group of amounts received by that candidate or controlled group as contributions between January 1 and the date of the general election of the year of a general election for an election for governor and lieutenant governor. This subsection does not prohibit (1) the group described in this subsection from making contributions to the candidates for governor and lieutenant governor whom the group supports; or (2) the governor or lieutenant governor, or the group described in this subsection, from making contributions under AS 15.13.116 (a)(2)(A). (i) A nongroup entity may not solicit or accept a contribution to be used for the purpose of influencing the outcome of an election unless the potential contributor is notified that the contribution may be used for that purpose. Sec. 15.13.076. Authorized recipients of contributions. A contribution to a (1) candidate may be received only by (A) the candidate; or (B) the candidate's campaign treasurer or a deputy campaign treasurer; (2) group may be received only by the group's campaign treasurer or a deputy treasurer. Sec. 15.13.078. Contributions and loans from the candidate. (a) The provisions of this chapter do not prohibit the individual who is a candidate from giving any amount of the candidate's own money or other thing of value to the campaign of the candidate. Donations made by the candidate to the candidate's own campaign shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. (b) The provisions of this chapter do not prohibit the individual who is a candidate from lending any amount to the campaign of the candidate. Loans made by the candidate shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. However, the candidate may not (1) recover, under this section and AS 15.13.116 (a)(4), the amount of a loan made by the candidate to the candidate's own campaign that exceeds (A) $25,000, if the candidate ran for governor or lieutenant governor; (B) $10,000, if the candidate ran for (i) the legislature; or (ii) delegate to a constitutional convention; (C) $10,000, if the candidate was a judge seeking retention; (D) $5,000, if the candidate ran in a municipal election; or (2) repay a loan that the candidate has made to the candidate's own campaign unless, within five days of making the loan, the candidate notifies the commission, on a form provided by the commission, of the candidate's intention to repay the loan under AS 15.13.116 (a)(4). (c) On and after the date determined under AS 15.13.110 as the last day of the period ending three days before the due date of the report required to be filed under AS 15.13.110 (a)(1) and until the date of the election for which the report is filed, a candidate may not give or loan to the candidate's campaign the candidate's money or other thing of value of the candidate in an amount that exceeds $5,000. (d) The provisions of this section apply only to the individual who is a candidate, as that term is defined by AS 15.13.400 (1)(A), and do not apply to authorize a contribution or loan under this section by an individual described in the definition of the term "candidate" under AS 15.13.400 (1)(B). Sec. 15.13.080. Statement by or on behalf of contributor. [Repealed, Sec. 11 ch 1 TSSLA 2002]. Repealed or Renumbered Sec. 15.13.082. Limitations on expenditures. (a) A candidate or group may not make an expenditure in cash that exceeds $100 unless the candidate, or the campaign treasurer or deputy campaign treasurer, obtains a written receipt from the person to whom the expenditure is made. (b) A candidate, group, or nongroup entity may not make an expenditure unless the source of the expenditure has been disclosed as required by this chapter. (c) If a candidate receives a contribution in the form of cash, check, money order, or other negotiable instrument and is subject to being reported to the commission under this chapter, the candidate may neither expend the contribution nor, in the case of a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or deputy campaign treasurer first records the following information for disclosure to the commission: (1) the name, address, principal occupation, and employer of the contributor; and (2) the date and amount of the contribution. Sec. 15.13.084. Prohibited expenditures. A person may not make an expenditure (1) anonymously, unless the expenditure is (A) paid for by an individual acting independently of any group or nongroup entity and independently of any other individual; (B) made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065 (c); and (C) made for (i) a billboard or sign; or (ii) printed material, other than an advertisement made in a newspaper or other periodical; (2) using a fictitious name or using the name of another. Sec. 15.13.086. Authorized makers of expenditures. An expenditure (1) authorized by or in behalf of a candidate may be made only by (A) the candidate; or (B) the candidate's campaign treasurer or a deputy campaign treasurer; (2) authorized by AS 15.13.067 (3) by or in behalf of a group may be made only by the group's campaign treasurer. Sec. 15.13.090. Identification of communication. (a) All communications shall be clearly identified by the words "paid for by" followed by the name and address of the candidate, group, nongroup entity, or individual paying for the communication. In addition, candidates and groups may identify the name of their campaign chairperson. (b) The provisions of (a) of this section do not apply when the communication (1) is paid for by an individual acting independently of any group or nongroup entity and independently of any other individual; (2) is made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065 (c); and (3) is made for (A) a billboard or sign; or (B) printed material other than an advertisement made in a newspaper or other periodical. Sec. 15.13.095. False statements in telephone polling and calls to convince. (a) A candidate who is damaged as the result of a false statement about the candidate made with knowledge that it was false, or with reckless disregard for whether it was false or not, made as part of a telephone poll or an organized series of calls, and made with the intent to convince potential voters concerning the outcome of an election in which the candidate is running may recover damages in an action in superior court under this section against the individual who made the telephone call, the individual's employer, and the person who contracted for or authorized the poll or calls to convince. However, the employer of the individual or the person who contracted for or authorized the poll or calls to convince is liable to the defamed candidate only if the employer or person authorized the statement to be made, knowing that it was false or with reckless disregard for whether it was false or not, as part of the poll or calls to convince. (b) The court may award damages, including punitive damages. If the court finds that the result of the statement places the integrity of the election process in substantial doubt, the eligibility of the successful candidate to hold the office to which elected shall be determined as provided in AS 15.56.110 (b) or, in the case of a candidate for governor or lieutenant governor, by impeachment under art. II, sec. 20, Constitution of the State of Alaska. Sec. 15.13.100. Expenditures before filing. A political campaign expenditure may not be made or incurred by a person in an election or by a person or group with the person's knowledge and on the person's behalf before the date upon which the person files for nomination for the office which the person seeks, except for personal travel expenses or for opinion surveys or polls. These expenditures must be included in the first report required under this chapter after filing for office. Sec. 15.13.110. Filing of reports. (a) Each candidate, group, and nongroup entity shall make a full report in accordance with AS 15.13.040 for the period ending three days before the due date of the report and beginning on the last day covered by the most recent previous report. If the report is a first report, it must cover the period from the beginning of the campaign to the date three days before the due date of the report. If the report is a report due February 15, it must cover the period beginning on the last day covered by the most recent previous report or on the day that the campaign started, whichever is later, and ending on February 1 of that year. The report shall be filed (1) 30 days before the election; however, this report is not required if the deadline for filing a nominating petition or declaration of candidacy is within 30 days of the election; (2) one week before the election; (3) 105 days after a special election; and (4) February 15 for expenditures made and contributions received that were not reported previously, including, if applicable, all amounts expended from a public office expense term account established under AS 15.13.116(a)(8) and all amounts expended from a municipal office account under AS 15.13.116 (a)(9), or when expenditures were not made or contributions were not received during the previous year. (b) Each contribution that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the candidate, group, campaign treasurer, or deputy campaign treasurer. Each contribution to a nongroup entity for the purpose of influencing the outcome of an election that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the nongroup entity. (c) All reports required by this chapter shall be filed with the commission's central office and shall be kept open to public inspection. Within 30 days after each election, the commission shall prepare a summary of each report which shall be made available to the public at cost upon request. Each summary shall use uniform categories of reporting. (d) [Repealed, Sec. 35 ch 126 SLA 1994]. (e) A group formed to sponsor an initiative, a referendum or a recall shall report 30 days after its first filing with the lieutenant governor. Thereafter each group shall report within 10 days after the end of each calendar quarter on the contributions received and expenditures made during the preceding calendar quarter until reports are due under (a) of this section. (f) During the year in which the election is scheduled, each of the following shall file the campaign disclosure reports in the manner and at the times required by this section: (1) a person who, under the regulations adopted by the commission to implement AS 15.13.100, indicates an intention to become a candidate for elective state executive or legislative office; (2) a person who has filed a nominating petition under AS 15.25.140 - 15.25.200 to become a candidate at the general election for elective state executive or legislative office; (3) a person who campaigns as a write -in candidate for elective state executive or legislative office at the general election; and (4) a group or nongroup entity that receives contributions or makes expenditures on behalf of or in opposition to a person described in (1) - (3) of this subsection, except as provided for certain independent expenditures by nongroup entities in AS 15.13.135 (a). Sec. 15.13.112. Uses of campaign contributions held by candidate or group. (a) Except as otherwise provided, campaign contributions held by a candidate or group may be used only to pay the expenses of the candidate or group, and the campaign expenses incurred by the candidate or group, that reasonably relate to election campaign activities, and in those cases only as authorized by this chapter. (b) Campaign contributions held by a candidate or group may not be (1) used to give a personal benefit to the candidate or to another person; (2) converted to personal income of the candidate; (3) loaned to a person; (4) knowingly used to pay more than the fair market value for goods or services purchased for the campaign; (5) used to pay a criminal fine; (6) used to pay civil penalties; however, campaign contributions held by a candidate or group may be used to pay a civil penalty assessed under this chapter if authorized by the commission or a court after it first determines that (A) the candidate, campaign treasurer, and deputy campaign treasurer did not cause or participate in the violation for which the civil penalty is imposed and exercised a reasonable level of oversight over the campaign; and (B) the candidate, campaign treasurer, and deputy campaign treasurer cooperated in the revelation of the violation and in its immediate correction; or (7) used to make contributions to another candidate or to a group; however, it is not a violation of this paragraph if, in circumstances in which a candidate or group participates in a shared campaign activity, the candidate or group participating in the activity (A) uses campaign contributions of the candidate or group for payment of (i) all of the shared campaign activity expense; or (ii) more than the candidate's or group's pro rata share of the activity expense; and (B) receives, within seven days after payment of the expense, complete reimbursement of the amount of campaign contributions used for payments made on behalf of another candidate or group participating in the activity. (C) A candidate may use up to a total of $1,000 in campaign contributions in a year to pay the cost of (1) attending, or paying the cost for guests of the candidate to attend, an event or other function sponsored by a political party or subordinate unit of a political party; (2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; and (3) co- sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party. Sec. 15.13.114. Disposition of prohibited contributions. (a) A candidate, group, or nongroup entity that receives and accepts a contribution given in violation of AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is prohibited, return it to the contributor. A candidate, group, or nongroup entity that receives and accepts a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall immediately, upon discovery of the prohibited excess contribution, return the excess to the contributor. If the contribution or excess amount cannot be returned in the same form, the equivalent value of the contribution or excess amount shall be returned. (b) An anonymous contribution is forfeited to the state unless the contributor is identified within five days of its receipt. Money that forfeits to the state under this subsection shall be delivered immediately to the Department of Revenue for deposit in the general fund. Sec. 15.13.116. Disbursement of campaign assets after election. (a) A candidate who, after the date of the general, special, municipal, or municipal runoff election or after the date the candidate withdraws as a candidate, whichever comes first, holds unused campaign contributions shall distribute the amount held on February 1 for a general election or within 90 days after a special election. The distribution may only be made to (1) pay bills incurred for expenditures reasonably related to the campaign and the winding up of the affairs of the campaign, including a victory or thank you party, thank you advertisements, and thank you gifts to campaign employees and volunteers, and to pay expenditures associated with post - election fund raising that may be needed to raise funds to pay off campaign debts; (2) make donations, without condition, to (A) a political party; (B) the state's general fund; (C) a municipality of the state; or (D) the federal government; (3) make donations, without condition, to organizations qualified as charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled by the candidate or a member of the candidate's immediate family; (4) repay loans from the candidate to the candidate's own campaign under AS 15.13.078 (b); (5) repay contributions to contributors, but only if repayment of the contribution is made pro rata in approximate proportion to the contributions made using one of the following, as the candidate determines: (A) to all contributors; (B) to contributors who have contributed most recently; or (C) to contributors who have made larger contributions; (6) establish a fund for, and from that fund to pay, attorney fees or costs incurred in the prosecution or defense of an administrative or civil judicial action that directly concerns a challenge to the victory or defeat of the candidate in the election; (7) transfer all or a portion of the unused campaign contributions to an account for a future election campaign; a transfer under this paragraph is limited to (A) $50,000, if the transfer is made by a candidate for governor or lieutenant governor; (B) $10,000, if the transfer is made by a candidate for the state senate; (C) $5,000, if the transfer is made by a candidate for the state house of representatives; and (D) $5,000, if the transfer is made by a candidate for an office not described in (A) - (C) of this paragraph; (8) transfer all or a portion of the unused campaign contributions to a public office expense term account or to a public office expense term account reserve in accordance with (d) of this section; a transfer under this paragraph is subject to the following: (A) the authority to transfer is limited to candidates who are elected to the state legislature; (B) the public office expense term account established under this paragraph may be used only for expenses associated with the candidate's serving as a member of the legislature; (C) all amounts expended from the public office expense term account shall be annually accounted for under AS 15.13.110 (a)(4); and (D) a transfer under this paragraph is limited to $5,000 multiplied by the number of years in the term to which the candidate is elected plus any accumulated interest; and (9) transfer all or a portion of the unused campaign contributions to a municipal office account; a transfer under this paragraph is subject to the following: (A) the authority to transfer is limited to candidates who are elected to municipal office, including a municipal school board; (B) the municipal office account established under this paragraph may be used only for expenses associated with the candidate's serving as mayor or as a member of the assembly, city council, or school board; (C) all amounts expended from the municipal office account shall be annually accounted for under AS 15.13.110 (a)(4); and (D) a transfer under this paragraph is limited to $5,000. (b) After a general, special, municipal, or municipal runoff election, a candidate may retain the ownership of one computer and one printer and of personal property, except money, that was acquired by and for use in the campaign. The current fair market value of the property retained, exclusive of the computer and printer, may not exceed $5,000. All other property shall be disposed of, or sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. Notwithstanding any other provision of this chapter, (1) a candidate may (A) retain a bulk mailing permit that was paid for with campaign funds, and (B) use personal funds, campaign funds, or unused campaign contributions transferred to a public office expense term account under (a)(8) of this section to pay the continuing charges for the permit after the election; money used to continue the life of the permit is not considered to be a contribution under this chapter; in addition to any other use permitted under this chapter, during the candidate's term of office, the candidate may use the bulk mailing permit for mailings associated with service in the office to which the candidate was elected; during the candidate's term of office, if the candidate files a declaration of candidacy or the document necessary to permit the candidate to incur election - related expenses under AS 15.13.100 for the same or a different elective office, the candidate may also use the bulk mailing permit in that election campaign; (2) a candidate may retain campaign photographs and use the photographs for any purpose associated with service in the office to which the candidate was elected; (3) a candidate may retain seasonal greeting cards purchased with campaign funds; and (4) campaign signs prepared for an election that has already taken place have no monetary value and may be retained or disposed of at the candidate's discretion. (c) Property remaining after disbursements are made under (a) - (b) of this section is forfeited to the state. Within 30 days, the candidate shall deliver the property to the Department of Revenue. The Department of Revenue shall deposit any money received into the general fund and dispose of any other property in accordance with law. (d) After a general or special election, a candidate for the state legislature who has been elected to the state legislature in that election may, from the amount retained in the public office expense term account reserve under this subsection, transfer to a public office expense term account not more than $5,000 each calendar year for use only for expenses associated with the candidate's serving as a member of the legislature, except that a senator serving a two -year term may transfer not more than $10,000 each calendar year. A candidate for the senate may transfer up to $20,000 from unused campaign contributions to a public office expense term account reserve. A candidate for the house of representatives may transfer up to $10,000 from unused campaign contributions to a public office expense term account reserve. The public office expense term account reserve may only be used to make transfers to the public office expense term account. At the end of the candidate's term of office, a balance in the public office expense term account reserve must be disposed of as provided in (a) of this section but may not be disposed of as provided in (a)(1), (4), or (6) - (9) of this section. All amounts expended under this subsection shall be annually accounted for under AS 15.13.110 (a)(4). Sec. 15.13.120. [Renumbered as AS 15.13.380 ]. Repealed or Renumbered Sec. 15.13.122. [Renumbered as AS 15.13.385 ]. Repealed or Renumbered Sec. 15.13.125. [Renumbered as AS 15.13.390 ]. Repealed or Renumbered Sec. 15.13.130. Definitions. [Repealed, ch 48 Sec. 28 SLA 1996]. Repealed or Renumbered Sec. 15.13.135. Independent expenditures for or against candidates. (a) Only an individual, group, or nongroup entity may make an independent expenditure supporting or opposing a candidate for election to public office. An independent expenditure supporting or opposing a candidate for election to public office, except an independent expenditure made by a nongroup entity with an annual operating budget of $250 or less, shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other requirements of this chapter. (b) An individual, group, or nongroup entity who makes independent expenditures for a mass mailing, for distribution of campaign literature of any sort, for a television, radio, newspaper, or magazine advertisement, or any other communication that supports or opposes a candidate for election to public office (1) shall comply with AS 15.13.090 ; and (2) shall place the following statement in the mailing, literature, advertisement, or other communication so that it is readily and easily discernible: This NOTICE TO VOTERS is required by Alaska law. (I /we) certify that this ( mailing /literature /advertisement) is not authorized, paid for, or approved by the candidate. Sec. 15.13.140. Independent expenditures for or against ballot proposition or question. (a) This chapter does not prohibit a person from making independent expenditures in support of or in opposition to a ballot proposition or question. (b) An independent expenditure for or against a ballot proposition or question (1) shall be reported in accordance with AS 15.13.040 and 15.13.100 - 15.13.110 and other requirements of this chapter; and (2) may not be made if the expenditure is prohibited by AS 15.13.145 . Sec. 15.13.145. Money of the state and its political subdivisions. (a) Except as provided in (b) and (c) of this section, each of the following may not use money held by the entity to influence the outcome of the election of a candidate to a state or municipal office: (1) the state, its agencies, and its corporations; (2) the University of Alaska and its Board of Regents; (3) municipalities, school districts, and regional educational attendance areas, or another political subdivision of the state; and (4) an officer or employee of an entity identified in (1) - (3) of this subsection. (b) Money held by an entity identified in (a)(1) - (3) of this section may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance. (c) Money held by an entity identified in (a)(1) - (3) of this section may be used (1) to disseminate information about the time and place of an election and to hold an election; (2) to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office. (d) When expenditure of money is authorized by (b) or (c) of this section and is used to influence the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040 . Sec. 15.13.150. Election educational activities not prohibited. This chapter does not prohibit a person from engaging in educational election - related communications and activities, including (1) the publication of the date and location of an election; (2) the education of students about voting and elections; (3) the sponsorship of open candidate debate forums; (4) participation in get- out - the -vote or voter registration drives that do not favor a particular candidate, political party, or political position; (5) the dissemination of the views of all candidates running for a particular office. Sec. 15.13.155. Restrictions on earned income and honoraria. (a) A candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write -in candidate for the office, may not (1) seek or accept compensation for personal services that involves payments that are not commensurate with the services rendered taking into account the higher rates generally charged by specialists in a profession; or (2) accept a payment of anything of value, except for actual and necessarily incurred travel expenses, for an appearance or speech; this paragraph does not apply to the salary paid to the candidate for making an appearance or speech as part of the candidate's normal course of employment. (b) Notwithstanding (a) of this section, a candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write -in candidate for the office, may accept a payment for an appearance or speech if the appearance or speech is not connected with the individual's status as a state official or as a candidate. Sec. 15.13.374. Advisory opinion. (a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 - 24.60.260, or AS 39.50. (b) A request for an advisory opinion (1) must be in writing or contained in a message submitted by electronic mail; (2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future; (3) must include a description of all relevant facts, including the identity of the person requesting the advisory opinion; and (4) may not concern a hypothetical situation or the activity of a third party. (c) Within seven days after receiving a request satisfying the requirements of (b) of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting. (d) The approval of a draft advisory opinion requires the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved. (e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that (1) was described in an advisory opinion approved under (d) of this section; (2) is indistinguishable from the description of an activity that was approved in an advisory opinion approved under (d) of this section; or (3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) of this section and before the commission acted on the draft advisory opinion under (d) of this section, if (A) the draft advisory opinion would have approved the transaction or activity described; and (B) the commission disapproved the draft advisory opinion. (f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25. Sec. 15.13.380. Violations; limitations on actions. (a) Promptly after the final date for filing statements and reports under this chapter, the commission shall notify all persons who have become delinquent in filing them, including contributors who failed to file a statement in accordance with AS 15.13.040 , and shall make available a list of those delinquent filers for public inspection. The commission shall also report to the attorney general the names of all candidates in an election whose campaign treasurers have failed to file the reports required by this chapter. (b) A member of the commission, the commission's executive director, or a person who believes a violation of this chapter or a regulation adopted under this chapter has occurred or is occurring may file an administrative complaint with the commission within one year after the date of the alleged violation. If a member of the commission has filed the complaint, that member may not participate as a commissioner in any proceeding of the commission with respect to the complaint. The commission may consider a complaint on an expedited basis or a regular basis. (c) The complainant or the respondent to the complaint may request in writing that the commission expedite consideration of the complaint. A request for expedited consideration must be accompanied by evidence to support expedited consideration and be served on the opposing party. The commission shall grant or deny the request within two days after receiving it. In deciding whether to expedite consideration, the commission shall consider such factors as whether the alleged violation, if not immediately restrained, could materially affect the outcome of an election or other impending event; whether the alleged violation could cause irreparable harm that penalties could not adequately remedy; and whether there is reasonable cause to believe that a violation has occurred or will occur. Notwithstanding the absence of a request to expedite consideration, the commission may independently expedite consideration of the complaint if the commission finds that the standards for expedited consideration set out in this subsection have been met. (d) If the commission expedites consideration, the commission shall hold a hearing on the complaint within two days after granting expedited consideration. Not later than one day after affording the respondent notice and an opportunity to be heard, the commission shall (1) enter an emergency order requiring the violation to be ceased or to be remedied and assess civil penalties under AS 15.13.390 if the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter; (2) enter an emergency order dismissing the complaint if the commission finds that the respondent has not or is not about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter; or (3) remand the complaint to the executive director of the commission for consideration by the commission on a regular rather than an expedited basis. (e) If the commission accepts the complaint for consideration on a regular rather than an expedited basis, the commission shall notify the respondent within seven days after receiving the complaint and shall investigate the complaint. The respondent may answer the complaint by filing a written response with the commission within 15 days after the commission notifies the respondent of the complaint. The commission may grant the respondent additional time to respond to the complaint only for good cause. The commission shall hold a hearing on the complaint not later than 45 days after the respondent's written response is due. Not later than 10 days after the hearing, the commission shall issue its order. If the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter, the commission shall enter an order requiring the violation to be ceased or to be remedied and shall assess civil penalties under AS 15.13.390 . (f) If the complaint involves a challenge to the constitutionality of a statute or regulation, necessary witnesses that are not subject to the commission's subpoena authority, or other issues outside the commission's authority, the commission may request the attorney general to file a complaint in superior court alleging a violation of this chapter. The commission may request the attorney general to file a complaint in superior court to remedy the violation of a commission order. (g) A commission order under (d) or (e) of this section may be appealed to the superior court by either the complainant or respondent within 30 days in accordance with the Alaska Rules of Appellate Procedure. (h) If the commission does not complete action on an administrative complaint within 90 days after the complaint was filed, the complainant may file a complaint in superior court alleging a violation of this chapter by a respondent as described in the administrative complaint filed with the commission. The complainant shall provide copies of the complaint filed in the superior court to the commission and the attorney general. This subsection does not create a private cause of action against the commission; against the commission's members, officers, or employees; or against the state. (i) If a person who was a successful candidate or the campaign treasurer or deputy campaign treasurer of a person who was a successful candidate is convicted of a violation of this chapter, after the candidate is sworn into office, proceedings shall be held and appropriate action taken in accordance with (1) art. II, sec. 12, of the state constitution, if the successful candidate is a member of the state legislature; (2) art. II, sec. 20, of the state constitution, if the successful candidate is governor or lieutenant governor; (3) the provisions of the call for the constitutional convention, if the successful candidate is a constitutional convention delegate; (4) art. IV, sec. 10, of the state constitution, if the successful candidate is a judge. (j) Information developed by the commission under (b) - (e) of this section shall be considered during a proceeding under (i) of this section. (k) If, after a successful candidate is sworn into office, the successful candidate or the campaign treasurer or deputy campaign treasurer of the person who was a successful candidate is charged with a violation of this chapter, the case shall be promptly tried and accorded a preferred position for purposes of argument and decision so as to ensure a speedy disposition of the matter. Sec. 15.13.385. Legal counsel. (a) The attorney general is legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in actions to which it is a party. If, in the opinion of the commission, the public interest warrants, the commission may request the chief justice of the supreme court to appoint a special prosecutor to represent the commission in a proceeding involving an alleged violation of this chapter and to prosecute that violation. (b) When the public interest warrants, the commission may employ temporary legal counsel from time to time in matters in which the commission is involved. Sec. 15.13.390. Civil penalty; late filing of required reports. (a) A person who fails to register when required by AS 15.13.050(a) or who fails to file a properly completed and certified report within the time required by AS 15.13.040 , 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who fails to file a properly completed and certified report within the time required by AS 15.13.110 (a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who violates a provision of this chapter, except a provision requiring registration or filing of a report within a time required as otherwise specified in this section, is subject to a civil penalty of not more than $50 a day for each day the violation continues as determined by the commission, subject to right of appeal to the superior court. An affidavit stating facts in mitigation may be submitted to the commission by a person against whom a civil penalty is assessed. However, the imposition of the penalties prescribed in this section or in AS 15.13.380 does not excuse that person from registering or filing reports required by this chapter. (b) When an administrative complaint has been filed under AS 15.13.380, the commission shall give the respondent due notice and an opportunity to be heard. If, at the conclusion of the hearing, the commission determines that the respondent engaged in the alleged violation, the commission shall assess (1) civil penalties under (a) of this section; (2) the commission's costs of investigation and adjudication; and (3) reasonable attorney fees. (c) The commission's determination under (b) of this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act). (d) When an action has been filed in the superior court under AS 15.13.380, upon proof of the violation, the court shall enter a judgment in the amount of the civil penalty authorized to be collected by (a) of this section. (e) If the commission or superior court finds that the violation was not a repeat violation or was not part of a series or pattern of violations, was inadvertent, was quickly corrected, and had no adverse effect on the campaign of another, the commission or the court may (1) suspend imposition of the penalties; and (2) order the penalties set aside if the person does not engage in a similar violation for a period of one year. (f) A party who has filed a civil action under AS 15.13.380 (1) is not entitled to trial by jury on the civil action; (2) is not entitled to be represented by legal counsel at public expense. Sec. 15.13.400. Definitions. In this chapter, (1) "candidate" (A) means an individual who files for election to the state legislature, for governor, for lieutenant governor, for municipal office, for retention in judicial office, or for constitutional convention delegate, or who campaigns as a write -in candidate for any of these offices; and (B) when used in a provision of this chapter that limits or prohibits the donation, solicitation, or acceptance of campaign contributions, or limits or prohibits an expenditure, includes (i) a candidate's campaign treasurer and a deputy campaign treasurer; (ii) a member of the candidate's immediate family; (iii) a person acting as agent for the candidate; (iv) the candidate's campaign committee; and (v) a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of the candidate; (2) "commission" means the Alaska Public Offices Commission; (3) "communication" means an announcement or advertisement disseminated through print or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c); (4) "contribution" (A) means a 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, and in AS 15.13.010(b) 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; (B) does not include (i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question; (ii) ordinary hospitality in a home; (iii) two or fewer mass mailings before each election by each political party describing the party's slate of candidates for election, which may include photographs, biographies, and information about the party's candidates; (iv) the results of a poll limited to issues and not mentioning any candidate, unless the poll was requested by or designed primarily to benefit the candidate; (v) any communication in the form of a newsletter from a legislator to the legislator's constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; or (vi) a fundraising list provided without compensation by one candidate or political party to a candidate or political party; (5) "electioneering communication" means a communication that (A) directly or indirectly identifies a candidate; (B) addresses an issue of national, state, or local political importance and attributes a position on that issue to the candidate identified; and (C) occurs within the 30 days preceding a general or municipal election; (6) "expenditure" (A) means a purchase or a transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, incurred or made for the purpose of (i) influencing the nomination or election of a candidate or of any individual who files for nomination at a later date and becomes a candidate; (ii) use by a political party; (iii) the payment by a person other than a candidate or political party of compensation for the personal services of another person that are rendered to a candidate or political party; or (iv) influencing the outcome of a ballot proposition or question; (B) does not include a candidate's filing fee or the cost of preparing reports and statements required by this chapter; (C) includes an express communication and an electioneering communication, but does not include an issues communication; (7) "express communication" means a communication that, when read as a whole and with limited reference to outside events, is susceptible of no other reasonable interpretation but as an exhortation to vote for or against a specific candidate; (8) "group" means (A) every state and regional executive committee of a political party; and (B) any combination of two or more individuals acting jointly who organize for the principal purpose of influencing the outcome of one or more elections and who take action the major purpose of which is to influence the outcome of an election; a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate shall be considered to be controlled by that candidate; a group whose major purpose is to further the nomination, election, or candidacy of only one individual, or intends to expend more than 50 percent of its money on a single candidate, shall be considered to be controlled by that candidate and its actions done with the candidate's knowledge and consent unless, within 10 days from the date the candidate learns of the existence of the group the candidate files with the commission, on a form provided by the commission, an affidavit that the group is operating without the candidate's control; a group organized for more than one year preceding an election and endorsing candidates for more than one office or more than one political party is presumed not to be controlled by a candidate; however, a group that contributes more than 50 percent of its money to or on behalf of one candidate shall be considered to support only one candidate for purposes of AS 15.13.070 , whether or not control of the group has been disclaimed by the candidate; (9) "immediate family" means the spouse, parents, children, including a stepchild and an adoptive child, and siblings of an individual; (10) "independent expenditure" means an expenditure that is made without the direct or indirect consultation or cooperation with, or at the suggestion or the request of, or with the prior consent of, a candidate, a candidate's campaign treasurer or deputy campaign treasurer, or another person acting as a principal or agent of the candidate; (11) "individual" means a natural person; (12) "issues communication" means a communication that (A) directly or indirectly identifies a candidate; and (B) addresses an issue of national, state, or local political importance and does not support or oppose a candidate for election to public office. (13) "nongroup entity" means a person, other than an individual, that takes action the major purpose of which is to influence the outcome of an election, and that (A) cannot participate in business activities; (B) does not have shareholders who have a claim on corporate earnings; and (C) is independent from the influence of business corporations. (14) "person" has the meaning given in AS 01.10.060 , and includes a labor union, nongroup entity, and a group; (15) "political party" means any group that is a political party under AS 15.60.010 and any subordinate unit of that group if, consistent with the rules or bylaws of the political party, the unit conducts or supports campaign operations in a municipality, neighborhood, house district, or precinct; (16) "publicly funded entity" means a person, other than an individual, that receives half or more of the money on which it operates during a calendar year from government, including a public corporation. AS 29.20.140 Qualifications. (a) A borough voter is eligible to be a member of the assembly and a city voter is eligible to be a member of the council. A member of the governing body who ceases to be a voter in the municipality immediately forfeits office. Nova Javier From: Pat Branson [scokinc @ak.net] Sent: Friday, January 04, 2008 8:16 AM To: Nova Javier Subject: Re: Vacancies Nova Can I stop by and see you after 9am about this today Pat Original Message From: Nova Javier To: Pat Branson Cc: Marylynn McFarland ; Jessica Kepley Sent: Thursday, January 03, 2008 4:57 PM Subject: RE: Vacancies Hi Pat, Let me know if you want it redrafted. I can look into it deeper but it may take time. After adoption, the Assembly can address the Mayor's, boards, committees, and commissions, and service area boards to make them consistent. Thank you, Nova Sec. 29.20.170. Vacancies. The governing body may provide by ordinance the manner in which a vacancy occurs in any elected office except the office of mayor or school board member. Unless otherwise provided by ordinance, the governing body shall declare an elective office, other than the office of mayor or school board member, vacant when the person elected (1) fails to qualify or take office within 30 days after election or appointment; (2) is physically absent from the municipality for 90 consecutive days unless excused by the governing body; (3) resigns and the resignation is accepted; (4) is physically or mentally unable to perform the duties of office as determined by two- thirds vote of the governing body; (5) is convicted of a felony or of an offense involving a violation of the oath of office; (6) is convicted of a felony or misdemeanor described in AS 15.56 and two- thirds of the members of the governing body concur in ex ellin the person elected; (7) is convicted of a violation of (8) no longer physically resides in the municipality and the governing body by two - thirds vote declares the seat vacant; this ara raph does not apply to a member of the governing body who forfeits office under or (9) if a member of the governing body, misses three consecutive regular meetings and is not excused. (§ 7 ch 74 SLA 1985; am § 37 ch 21 SLA 1991) 15.56 deals with election offenses, corru t ractices, and enalties 1