Campaign finance requirements for Alaska ballot measures
From Ballotpedia
In Alaska, the state government refers to political groups that spend money advocating for or against ballot measures as "ballot groups".
What is a ballot group?
Under the Alaska Campaign Disclosure law, a “group” is two or more individuals who act jointly to influence the outcome of a vote on a ballot measure. (AS 15.13.400(5)(B))
A ballot group may be formed to:
- Sponsor an initiative, rferendum, or recall.
- Support or oppose an initiative, referendum, recall or constitutional amendment.
- Campaign to determine whether a constitutional convention shall be called, a debt shall be contracted, an advisory question shall be approved or whether a municipality shall be incorporated. (AS 15.13.065 and AS 15.60.010)
What does Alaska's Campaign Disclosure Law require ballot groups to do?
Ballot groups must:
- register with the Alaska Public Offices Commission;
- file periodic Campaign Disclosure Reports; and
- identify all political communications with a “paid for by” statement.
When does a ballot group need to register with the APOC?
Initiative stage
When a ballot group has formed to sponsor an initiative, referendum or recall, the group must register with the Commission “30 days after its first filing with the Lieutenant Governor…”. “First filing” means the date the group first files, with the Lieutenant Governor or Division of Elections, the proposed language for an initiative along with the signatures of 100 supporters of the proposed initiative. (AS 15.13.110(e))
If question is already on the ballot
A group that forms to support or oppose an issue on a state or municipal ballot must register with the Commission “before making an expenditure in support of or in opposition to a ballot proposition or question.” This includes making expenditures to order checks or bank charges. Thus, it is best to register as early as possible. (AS 15.13.050(a))
When are reports due?
Initiative Stage
Ballot groups in the initiative stage need to file quarterly reports. The quarterly reports shall be filed within 10 days after the end of each calendar quarter. The group is required to file quarterly Campaign Disclosure Statements until:
(1) the group ceases its petition drive, or (2) the 30 Day Pre-election report is due (if the group is successful in getting the initiative certified as a ballot issue). (AS 15.13.110(e))
If the question is on the ballot
Ballot groups formed to support or oppose a question on the ballot must file Pre and Post Election Reports. The required reports must be filed according to the following schedule:
- 30 Day Pre-election report: Due 30 days prior to the election.
- 7 Day Pre-election report: Due 7 days prior to the election.
- 24 Hour Report: Within 9 days prior to the election, all contributions over $250 must be disclosed within 24 hours.
- Year End Report: Discloses all activity through February 1 and is due February 15 of the following year. (AS 15.13.110)
What’s reportable and what’s not in the initiative stage?
A ballot group in the initiative stage that accepts donations and makes expenditures solely to gather signatures may file a “zero report” to satisfy the quarterly reporting due under AS 15.13.110(e). A group filing “zero reports” should be careful to confine its financial activity solely to gathering signatures. “Zero reports” are appropriate until the group disbands or until the group’s petition is certified as a ballot measure. Once the petition is certified as a ballot issue, the group’s activities are considered to be campaign efforts intended to influence the outcome of an election. The group must then make full reports of its contributions and expenditures in accordance with AS 15.13.040(b) and (c), and AS 15.13.110.
“Zero Reports” are also appropriate when a group has had no activity. If a group has bank interest or bank charges, a zero report is not appropriate.
What if the group has a surplus after the signature stage?
Once the petition is certified, the group’s activities are considered to be campaign efforts intended to influence the outcome of an election. The group must then report all contributions and expenditures.
If the group intends to use the surplus funds gathered during the signature stage to campaign for passage of the measure, the group must disclose all activity which led to that surplus; including the names of previous contributors. Because bookkeeping can be difficult, staff recommends that ballot groups in the initiative stage monitor funds so that no surplus is carried forward.
Are there limits on contributions to ballot groups?
Ballot groups may accept contributions from individuals or persons without limitation. This includes corporations, unions, organizations, as well as individuals and organizations from outside Alaska.
What happens if the required campaign disclosure reports and registration statement are not filed on time?
Commission staff will assess a civil penalty based on the number of days a report is late and how close it is to the election. Fines range from $10 to $50 per day. A filer has 30 days to pay or to appeal the penalty.
When must a “paid for by” identifier be placed on campaign related materials?
All political communications must contain a “paid for by” identifier which includes the words “paid for by” followed by the name and address of the ballot group paying for the advertising.
Is there a fine for inadequate or missing identifiers?
Yes. A group that fails to place a complete “paid for by” identifier on its campaign communications is subject to a civil penalty of up to $50 per day.
How does the group disband?
The disbursement of a campaign account must be reported to the Commission within 10 days after final disposition of the balance. Ballot groups may disburse the balance in the following manner:
- give the money to charity (501(c)(3));
- repay the contributors;
- pay for a victory or thank you party;
- leave the money in the account for future election (the group must register every year and report as long as there is a balance in the account); or
( contribute the money to a group supporting a ballot proposition or question. (2 AAC 50.384)
