Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 15. Elections
- Chapter 13. State Election Campaigns
- Section 380. Violations; Limitations On Actions.
previous: Section 374
. Advisory Opinion.
next: Section 385
. Legal Counsel.
AS 15.13.380. Violations; Limitations On Actions.
- (a) Promptly after the final date for filing statements and reports under this chapter, the commission shall notify all
persons who have become delinquent in filing them, including contributors who failed to file a statement in accordance
with AS 15.13.040
, and shall make available a list of those delinquent filers for public inspection. The commission shall also report to
the attorney general the names of all candidates in an election whose campaign treasurers have failed to file the
reports required by this chapter.
- (b) A member of the commission, the commission's executive director, or a person who believes a violation of this chapter
or a regulation adopted under this chapter has occurred or is occurring may file an administrative complaint with the
commission within one year after the date of the alleged violation. If a member of the commission has filed the
complaint, that member may not participate as a commissioner in any proceeding of the commission with respect to the
complaint. The commission may consider a complaint on an expedited basis or a regular basis.
- (c) The complainant or the respondent to the complaint may request in writing that the commission expedite consideration
of the complaint. A request for expedited consideration must be accompanied by evidence to support expedited
consideration and be served on the opposing party. The commission shall grant or deny the request within two days after
receiving it. In deciding whether to expedite consideration, the commission shall consider such factors as whether the
alleged violation, if not immediately restrained, could materially affect the outcome of an election or other impending
event; whether the alleged violation could cause irreparable harm that penalties could not adequately remedy; and
whether there is reasonable cause to believe that a violation has occurred or will occur. Notwithstanding the absence
of a request to expedite consideration, the commission may independently expedite consideration of the complaint if the
commission finds that the standards for expedited consideration set out in this subsection have been met.
- (d) If the commission expedites consideration, the commission shall hold a hearing on the complaint within two days after
granting expedited consideration. Not later than one day after affording the respondent notice and an opportunity to be
heard, the commission shall
- (1) enter an emergency order requiring the violation to be ceased or to be remedied and assess civil penalties under AS 15.13.390
if the commission finds that the respondent has engaged in or is about to engage in an act or practice that
constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter;
- (2) enter an emergency order dismissing the complaint if the commission finds that the respondent has not or is not about
to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted
under this chapter; or
- (3) remand the complaint to the executive director of the commission for consideration by the commission on a regular
rather than an expedited basis.
- (e) If the commission accepts the complaint for consideration on a regular rather than an expedited basis, the commission
shall notify the respondent within seven days after receiving the complaint and shall investigate the complaint. The
respondent may answer the complaint by filing a written response with the commission within 15 days after the
commission notifies the respondent of the complaint. The commission may grant the respondent additional time to respond
to the complaint only for good cause. The commission shall hold a hearing on the complaint not later than 45 days after
the respondent's written response is due. Not later than 10 days after the hearing, the commission shall issue its
order. If the commission finds that the respondent has engaged in or is about to engage in an act or practice that
constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter, the commission
shall enter an order requiring the violation to be ceased or to be remedied and shall assess civil penalties under AS
- (f) If the complaint involves a challenge to the constitutionality of a statute or regulation, necessary witnesses that
are not subject to the commission's subpoena authority, or other issues outside the commission's authority, the
commission may request the attorney general to file a complaint in superior court alleging a violation of this chapter.
The commission may request the attorney general to file a complaint in superior court to remedy the violation of a
- (g) A commission order under (d) or (e) of this section may be appealed to the superior court by either the complainant or
respondent within 30 days in accordance with the Alaska Rules of Appellate Procedure.
- (h) If the commission does not complete action on an administrative complaint within 90 days after the complaint was
filed, the complainant may file a complaint in superior court alleging a violation of this chapter by a respondent as
described in the administrative complaint filed with the commission. The complainant shall provide copies of the
complaint filed in the superior court to the commission and the attorney general. This subsection does not create a
private cause of action against the commission; against the commission's members, officers, or employees; or against
- (i) If a person who was a successful candidate or the campaign treasurer or deputy campaign treasurer of a person who was
a successful candidate is convicted of a violation of this chapter, after the candidate is sworn into office,
proceedings shall be held and appropriate action taken in accordance with
- (1) art. II, sec. 12, of the state constitution, if the successful candidate is a member of the state legislature;
- (2) art. II, sec. 20, of the state constitution, if the successful candidate is governor or lieutenant governor;
- (3) the provisions of the call for the constitutional convention, if the successful candidate is a constitutional
- (4) art. IV, sec. 10, of the state constitution, if the successful candidate is a judge.
- (j) Information developed by the commission under (b) - (e) of this section shall be considered during a proceeding under
(i) of this section.
- (k) If, after a successful candidate is sworn into office, the successful candidate or the campaign treasurer or deputy
campaign treasurer of the person who was a successful candidate is charged with a violation of this chapter, the case
shall be promptly tried and accorded a preferred position for purposes of argument and decision so as to ensure a
speedy disposition of the matter.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.