Title 2 . Administration

Chapter 50 . Public Information

Section 805. Procedures for incomplete or late disclosure statements from incumbent candidates

2 AAC 50.805. Procedures for incomplete or late disclosure statements from incumbent candidates

(a) Seven days before the primary election withdrawal date set in AS 15.25.055 and seven days before the general election withdrawal date set in AS 15.25.200 , the staff of the commission shall provide to the commission a list of the incumbent candidates for the legislature whose disclosure statements are incomplete.

(b) Upon receipt of the list described in (a) of this section, the commission will schedule a meeting to consider the list. The staff of the commission shall notify an incumbent candidate for the legislature who is on the list about the time, date, and place of the meeting.

(c) If, at or after the meeting scheduled under (b) of this section, the commission determines that an incumbent candidate for the legislature has not supplied required information on a major source of income, interest in real property, business interest, loan, gift, or trust, the commission will recommend that the lieutenant governor remove the incumbent candidate's name from the ballot. If the incumbent candidate's name cannot be removed from the ballot, the commission will recommend that the lieutenant governor not certify the incumbent candidate's nomination for office or election to office.

(d) If, during a year in which a state election is scheduled, a filer is or becomes a candidate for the legislature and files the disclosure statement 30 days or more after the statement is due, the commission will recommend that the lieutenant governor remove the filer's name from the ballot for that state election. If the filer's name cannot be removed from the ballot, the commission will recommend that the lieutenant governor not certify the filer's nomination for office or election to office.

(e) If information discovered after the withdrawal-of-candidacy deadline indicates that an incumbent candidate for the legislature has failed to comply substantially with the requirements of AS 24.60.200 or 2 AAC 50.705 - 2 AAC 50.890, the staff of the commission shall undertake a preliminary investigation under 2 AAC 50.815. The staff shall report its findings to the commission. The commission will determine the appropriate penalty.

History: Eff. 7/20/95, Register 135; am 1/1/2001, Register 156; am 2/20/2005, Register 173

Authority: AS 24.60.200

AS 24.60.210

AS 24.60.220

AS 24.60.240

AS 24.60.250

AS 24.60.260