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(a) An expenditure is not an independent expenditure as defined in AS 15.13.400 if it is made in cooperation, consultation, or concert with or at the request, suggestion, or prior consent of a candidate, treasurer, or deputy treasurer, or an agent of the candidate, group, or nongroup entity. An expenditure that is not an independent expenditure includes the following:
(1) an expenditure based on information about the candidate's, group's, or nongroup entity's plans, projects, or needs provided by the candidate or an agent of the candidate, group, or nongroup entity;
(2) an expenditure made by any person, group, or nongroup entity based on data from a candidate's, group's, or nongroup entity's pollster or campaign consultant or any other person who receives compensation or reimbursement from the campaign;
(3) an expenditure made for the purpose of soliciting contributions to be paid to a candidate, group, or nongroup entity;
(4) an expenditure made to finance the distribution of campaign material provided by the candidate, treasurer, campaign consultant, or any other agent of the candidate, group, or nongroup entity.
(b) Independent expenditures may be made without limit on the amount or frequency.
(c) A person making an independent expenditure must disclose the following on an independent expenditure report under AS 15.13.040 (d) and (e):
(1) the date of the expenditure;
(2) the amount of the expenditure;
(3) the check number, if the expenditure is paid by check;
(4) the name and address of the payee;
(5) a description of items or services purchased;
(6) identification of the candidate or ballot proposition the expenditure was intended to influence;
(7) a statement as to whether the expenditure was intended to support or oppose the candidate or ballot proposition.
(d) To obtain an exemption from the requirements in AS 15.13.040 and AS 15.13.135 , an individual must file a written exemption request with the commission and provide the nature of the expenditure and the need for an exemption. The exemption will be kept confidential pending a final determination by the commission. If the commission determines that the individual would likely be subject to undue harassment, threats, or economic reprisals as the result of public disclosure, the commission will grant the exemption. If the purpose of the expenditure is to sponsor or produce a communication, after publication the individual granted an exemption shall provide the commission with a copy of the communication.
History: Eff. 1/1/2001, Register 156; am 2/20/2005, Register 173
Authority: AS 15.13.030
Editor's note: The substance of 2 AAC 50.270 was formerly located at 2 AAC 50.313 and 2 AAC 50.351. The history note does not reflect the history of the earlier regulations.
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Last modified 7/05/2006