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(a) In AS 15.13 and this chapter, "nongroup entity"
(1) has the meaning given in AS 15.13.400 ; and
(2) is a nonprofit corporation, company, partnership, firm, association, organization, business trust, or society that qualifies to register to participate in election campaigns for or against a candidate or ballot proposition as provided in (b) of this section.
(b) Before it may make a contribution or independent expenditure, a nongroup entity must demonstrate to the satisfaction of the commission that it meets the qualifications in AS 15.13.400 by submitting the following items:
(1) if the nongroup entity is a corporation,
(A) a copy of a determination from the United States Internal Revenue Service that the corporation is a social welfare organization as described in 26 U.S.C. 501(c)(4);
(B) a copy of the certificate of incorporation issued under AS 10.20 (Alaska Nonprofit Corporation Act) or under a substantially similar statute of another state;
(C) a copy of the corporation's articles of incorporation and bylaws;
(D) an affidavit from a director or officer that the corporation's purposes include one or more of the following:
(i) issue advocacy;
(ii) influencing elections;
(iii) research, training, or educational activities tied to the corporation's political goals; and
(E) an affidavit from a director or officer that the corporation does not include shareholders or persons other than employees who
(i) have an equitable interest in the corporation or are affiliated in a way that would allow them to make a claim on the organization's assets or earnings; or
(ii) receive a benefit that they would lose if they ended their affiliation with the corporation or that they could not obtain unless they became affiliated; for the purposes of this sub-subparagraph, "benefit" includes a credit card, an insurance policy, a savings plan, and education or business information;
(2 if the nongroup entity is not a corporation, a copy of the bylaws or minutes or an affidavit signed by an owner, officer, chair, director, partner, or board member showing that the nongroup entity does not participate in business activities, has no shareholders, and is independent from the influence of business corporations.
(c) If the commission staff determines after a review that the documentation submitted under (b) of this section is complete and adequate, the commission staff shall issue a determination that the nongroup entity qualifies to register. If the commission staff determines that the documentation is incomplete or inadequate, the commission staff may request and review additional information or notify the nongroup entity that it does not qualify to register.
(d) No later than 30 days after notice of a determination under (c) of this section, the nongroup entity may request that the commission review the determination. After reviewing the commission staff's determination and any additional information at its next regular meeting, the commission will issue a determination regarding whether the nongroup entity qualifies under this section. The commission will provide a copy of its determination to the nongroup entity. The commission's determination is a final order for the purpose of an appeal to the superior court under AS 44.62.560 .
(e) Contributions that a nongroup entity receives for the purpose of making contributions or expenditures must be kept in a separate account and reported to the commission.
History: Eff. 2/20/2005, Register 173
Authority: AS 15.13.010
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Last modified 7/05/2006