Sec. 15.13.116. Disbursement of campaign assets after election.

1,083 words·~5 min read·/ak/title-15/chapter-13/15-13-116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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; 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);

(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

(E)unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or

(5)of this subsection at the end of the term of office immediately following the campaign for which the contributions were received; 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);

(D)a transfer under this paragraph is limited to $5,000; and

(E)unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or

(5)of this subsection at the end of the term of office immediately following the campaign for which the contributions were received.

(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)[Repealed, § 4 ch 44 SLA 2012.]