Meyer, 082919 AKAGO, AGO 19-3
| Case Date | August 29, 2019 |
| Court | Alaska |
An Act prohibiting the use of dark money by independent expenditure groups working to influence candidate elections in Alaska and requiring additional disclosures by these groups; establishing a nonpartisan and open top four primary election system for election to state executive and state and national legislative offices; changing appointment procedures relating to precinct watchers and members of precinct election boards, election district absentee and questioned ballot counting boards, and the Alaska Public Offices Commission; establishing a ranked-choice general election system; supporting an amendment to the United States Constitution to allow citizens to regulate money in Alaska elections; repealing the special runoff election for the office of United States Senator and United States Representative; requiring certain written notices to appear in election pamphlets and polling places; and amending the definition of ‘political party’. (19AKBE).Our role in reviewing initiatives is to ensure they meet all constitutional and statutory requirements. We do not opine on the merits of the policy choices presented or any administrative or implementation issues that could arise if the initiative bill was enacted. Because 19AKBE addresses more than one subject in violation of the Alaska Constitution, we recommend that you decline to certify the application. I. The proposed initiative bill. This bill proposed by this initiative would both overhaul Alaska’s elections process and alter its campaign finance laws by requiring additional campaign finance disclosures and disclaimers. The most significant change would be to abolish the state’s mandatory primary election or petition process and establish an open nonpartisan primary system in which all candidates—regardless of party affiliation or non-affiliation—would run in a single primary election. All candidates would appear on one ballot, and each candidate could choose to have his or her political party or group affiliation listed by the candidate’s name or choose to be listed as undeclared or nonpartisan. The top-four candidates with the most votes in the primary election would then have their names placed on the general election ballot. The ballots, polling places, and election pamphlets would include notices explaining that the identification of a candidate’s political party or group affiliation on the ballot is not an endorsement of the candidate by that political party or group. The act would also establish a ranked-choice general election. Under this new ranked-choice framework, each voter would be allowed to “rank” the four listed candidates. A “1” ranking would reflect the voter’s first choice candidate, a “2” the voter’s second choice candidate, and so on. The Division of Elections would then tally the votes for each candidate by counting every ballot’s first-ranked candidate. If there were more than two candidates and no candidate received a majority of the first-ranked votes, then the candidate with the least amount of votes would be considered defeated and removed from counting. Any ballot that had selected the removed candidate as the first-ranked candidate would then be counted for voter’s second-ranked candidate. This process would repeat until there were only two candidates remaining or one candidate received a majority of the votes. Lastly, the act would modify state campaign law by requiring new and additional disclosures. It would require additional disclosures for contributions of more than $2,000 to independent expenditure groups. It would also require disclaimers on any paid communications by an independent expenditure group, when a majority of contributors to the group reside outside Alaska. In total, 19AKBE contains 74 sections, and provides as follows: Section 1 would add a new section to the uncodified law. It would list findings and intent supporting the substantive law changes made in the initiative bill and state that Alaska supports a constitutional amendment allowing citizens to regulate the raising and spending of money in elections. Section 2 would change the requirements for two of the three election board members appointed by the election supervisor. Under current law, the election supervisor shall appoint one nominee from the political party of which the governor is a member and one nominee of the political party that received the second largest number of votes statewide. Section 2 would change the requirement to include political party “or political group with the largest number of registered voters at the time of the preceding gubernatorial election” and political party “or political group with the second largest number of registered voters at the time of the preceding gubernatorial election.” Section 3 would allow each candidate, regardless of party affiliation or party nomination, to appoint one or more poll watchers. Section 3 would also make a conforming change because of the repeal of the special runoff election under AS 15.40.141 proposed in Section 72 of the initiative bill. Section 4 would change the qualifications of certain appointees to the Alaska Public Offices Commission by allowing the governor to appoint a member of “political groups with the largest number of registered voters” as of the most recent preceding general election at which a governor was elected. Section 5 would make a conforming change necessitated by the change in Section 4. Section 6 would add disclosure requirements relating to the “true source” of contributions to a nongroup entity in excess of $2,000 annually. Section 7 would add a new subsection requiring certain disclosures from every individual, person, nongroup entity, or group that contributes more than $2,000 annually to an independent expenditure group. Section 8 would change the contribution limits for governor and lieutenant governor to a joint campaign limit of $1,000 annually for an individual and $2,000 annually for a group. This reflects the proposed changes to the primary election whereby the governor and lieutenant governor would run jointly on a single ticket. Section 9 would add disclosure requirements for contributions to independent expenditure groups, including a requirement that contributions to independent expenditure groups may not annually total $2,000 or more of “dark money,” as defined in Section 17. Section 10 would make conforming changes necessitated by the repeal of the special runoff election under AS 15.40.141 as proposed in Section 72 of the initiative bill and the change to an open primary system. Section 11 would require that certain existing disclaimers on paid political advertisements be shown throughout the entirety of the communication if in a broadcast, cable, satellite, internet or other digital format. Section 12 would add a new subsection to require an additional disclaimer on paid political advertisements funded by an outside-funded entity, as defined in Section 19. Section 13 would make conforming changes necessitated by the repeal of the nominating petition process under AS 15.25.140-15.25.200 as proposed in Section 72 of the initiative bill. Section 14 would require disclosure by contributors whose contributions to independent expenditure groups, or a group the contributor knows or has reason to know will make independent expenditures, exceed $2,000 annually. Section 15 would create new fines for failure to disclose certain contributions to independent expenditure groups as required by Section 7 and failure to disclose the “true source” of a contribution as required by Sections 7 and 9. Section 16 would make conforming changes necessitated by the change to an open primary. Sections 17-19 would define the new terms in the campaign finance sections, including “dark money,” “true source,” and “outside-funded entity.” Section 20 would establish an open primary system. Section 21...
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