It’s Your State, It’s Your Voice, It’s Your Choice! - AlaskaAudio tape recordings of the 2008 Ballot Measures Voter Guide are available from the Alaska State Library, Talking

Division of Elections

It’s Your State,It’s Your Voice,

It’s Your Choice!

August 26, 2008

VOTE!VOTE!

It’s Your State,It’s Your Voice,

It’s Your Choice!

August 26, 2008

2

Letter of Introduction.................................................................................................3Voting Information ....................................................................................................4Voter Rights/Assistance While Voting ......................................................................52008 Primary Election Ballot Choices.......................................................................6Absentee Voting .......................................................................................................7Absentee Application ...............................................................................................8Sample Ballot ...........................................................................................................9Primary Election Ballot Measures ..........................................................................11Ballot Measure 1 .....................................................................................................12Ballot Measure 2 .....................................................................................................21Ballot Measure 3 .....................................................................................................25Ballot Measure 4 .....................................................................................................43

Help Your Community!

If you'd like to get paid to serve your community……..

If you enjoy spending time with your neighbors and meeting new people……..

If you like helping people exercise their right to vote…….

Sign up to be a poll worker!

Each election cycle the regional election offices appoint hundreds of poll workers.

If you would like to be a poll worker, contact the regional office closest to you. (Office locations are on the back of this pamphlet)

Table of ContentsPrimary Election Day is Tuesday, August 26, 2008

This publication was prepared by the Division of Elections, produced at a

cost of $.15 per copy to inform Alaskan voters about issues appearing on

the 2008 Primary Election Ballot per AS 15.58.010 and printed in Portland,

Oregon.

3

4

Voting Information

Primary Election Day is August 26, 2008

Polling Places

The polls will be open from 7:00 a.m. to 8:00 p.m. on Election Day. To locate your polling place

please call 1-888-383-8683. In Anchorage, please call 269-8683.

Bring Identification to the Polls

You MUST be prepared to show one form of identification. You may use the following ID:

• Voter ID Card • Current and valid photo ID Card • Birth Certificate• Driver’s License • Passport • Hunting or Fishing License• State ID Card • Military ID Card

or, you may use an original copy of one of the following documents if it contains your name andcurrent address:

• Current Utility Bill • Bank Statement • Other Government Document• Government Check • Pay Check

If you do not have identification when voting, you will be asked to vote a questioned ballot.

What Happens if Your Name is not on Register

If your name does not appear on the precinct register, you may vote a questioned ballot. Beforereceiving a ballot, you must complete a questioned ballot envelope. Your voted ballot will be placedin a secrecy sleeve and then the secrecy sleeve will be sealed inside the completed questionedballot envelope. All questioned ballots are returned to the Election Supervisor for review andcounting by the Questioned Ballot Review Board.

Marking the Ballot

When voting the ballot, completely fill in the oval next to the candidate or issue you wish to vote for. Fill in the oval like this:

You only have to mark the races or issues you choose to vote for. If you mark more than onechoice in a race or issue, that section of the ballot will NOT be counted. The sections of the ballotthat are properly marked will be counted.

If you make a mistake marking your ballot, DO NOT erase or correct the ballot. You may return thespoiled ballot to an election worker and request a new ballot. If you attempt to correct a mistake onthe ballot, the corrected vote may not be counted. Note: You may only receive a replacement for aspoiled ballot 2 times.

Campaigning Prohibited Near Polls

Alaska law prohibits political persuasion within 200 feet of any entrance to a polling place during thehours the polls are open. This means you may not discuss or display campaign items forcandidates or issues appearing on the ballot at that polling place.

5

Questioned VotingIf your name is not listed on the precinct register or if you do not have identification, you have theright to vote a questioned ballot. The information you provide on the outside of the questionedballot envelope will be used to determine your voting eligibility and to update your voter registrationinformation. If for any reason your questioned ballot is not fully counted, you will be notified inwriting.

Language or Other Assistance While VotingIf you need assistance during the voting process, you may have a person of your choice provideany needed assistance as long as that person is not a candidate for office in the election, is notyour employer, agent of your employer or agent of a union you belong to. Assistance may beprovided during each step of the voting process, including assistance inside the voting booth withreading or marking the ballot. You may also receive assistance from the election board. This isyour right under federal law.

The Division of Elections provides for language assistance for Alaska Native and Filipino (Tagalog)voters who have limited English proficiency through the use of bilingual election workers andinterpreters. Alaska Native language assistance is available on Election Day in many rural pollingplaces throughout the state. Filipino (Tagalog) language assistance is available on Election Day inKodiak. If you need language assistance, please contact the Division of Elections.

Touch Screen Voting OptionThere will be one touch screen voting unit in each polling place. Touch screen voting is intended forthe blind, disabled, and for voters who do not read well. Alaska’s touch screen voting unit allowsdisabled voters to vote unassisted through the use of magnified, high contrast and audio ballots.If you need to vote using the touch screen voting unit, let the election board know.

Visually Impaired VotersMagnifying ballot viewers for the visually impaired will be available at all polling places and absenteevoting sites.

Audio tape recordings of the 2008 Ballot Measures Voter Guide are available from the Alaska StateLibrary, Talking Book Center, located in Anchorage. Telephone the library at (907) 269-6575 forinformation.

Hearing Impaired VotersThe Division of Elections has a TTY telecommunications device, which allows hearing impairedvoters to obtain general information about elections by calling (907) 465-3020.

Physically Disabled VotersIf you have difficulty gaining access to your polling place, or if you have accessibility questions aboutyour polling place, please let the Division of Elections know. We make every effort to ensure thatpolling places are accessible to all Alaskans.

If you have questions or would like more information about our special services, pleasecontact any regional elections office.

Region I Region IIIJuneau: (907) 465-3021 Fairbanks: (907) 451-2835

Region II Region IVAnchorage: (907) 522-8683 Nome: (907) 443-5285Mat-Su: (907) 373-8952

Voter Rights/Assistance While Voting

6

In Alaska, the political parties determine which candidates will have access to their ballot and whichvoters are eligible to vote their ballot. Based on the political party by-laws, the below table outlinesthe 2008 Primary election ballot choices.

There are three ballot types:

2008 Primary Election Ballot Choices

� The political party affiliation listed on your voter registration record 30 days prior to theelection determines which Primary ballot type you are eligible to vote. Your political partyaffiliation is printed on the precinct register.

� The election board will look at the political party affiliation listed on the precinct register todetermine which ballot type you are eligible to vote. You may vote only ONE ballot type.

� If you want a different ballot type than what the precinct register shows you are eligible for,you must vote a questioned ballot.

� If you do not want to vote for any political party candidates, you may request the BallotMeasures Only ballot.

Ballot Type Candidates on Ballot Who Can Vote This Ballot

A-D-L Candidate

andBallot Measures

Alaskan Independence

Democrat

Libertarian

Any registered voter

Party affiliation listed onregister is:(A - D - G - L - M - R - N - U - V)

Republican Candidate

andBallot Measures

Republican Voters registered as:

Republican, Undeclared and

Nonpartisan

Party affiliation listed onregister is:(R - U - N)

Ballot Measures Only No Candidates

This ballot contains ballotmeasures only.

Any registered voter

7

There are several absentee voting options available during each election. You may vote absentee inperson, by mail, by fax or vote a special needs ballot through a personal representative.

Voting Early or Absentee In Person

Beginning August 11, 2008, you may vote at an absentee voting site. Ballots for all 40 districts areavailable at all Regional Elections offices. In addition to the Regional Elections offices, there aremany other voting sites throughout Alaska that will have ballots for their house district. For moreinformation or for a list of absentee voting locations visit our website or contact a Regional Electionsoffice.

Special Needs Voting

If you are unable to go to the polls due to age, serious illness or a disability, you may have apersonal representative pick up and deliver a ballot to you beginning 15 days before an election atan absentee voting site or on Election Day at the polling place. Your personal representative canbe anyone over 18, except a candidate for office in the election, the voter’s employer, an agent ofthe voter’s employer, or an officer or agent of the voter’s union.

Voting By Mail or By Fax

The Division of Elections Absentee Office in Anchorage handles all absentee by mail and faxapplications. To vote by mail or by fax, you must submit an application.

Absentee By Mail

Absentee ballot applications can be submitted after January 1st of each election year.You can request a ballot for a specific election or for all elections in the year. Absentee by

mail ballot applications for the Primary election must be received by August 16, 2008.

Apply early to ensure timely delivery of your ballot. Your voted ballot must be postmarkedon or before Election Day.

Absentee By Fax

Voting by fax should be your last alternative for casting a ballot. You may apply for fax votingAugust 11, 2008 through 5:00pm Alaska Time on August 25, 2008. You may return yourvoted fax ballot by mail or by fax. If you return your voted ballot by fax, it must be

received no later than 8:00pm Alaska Time on Election Day. If you return your votedballot by mail, it must be postmarked on or before Election Day.

If you have questions about voting by mail or fax, please contact the Absentee Office at:

Division Of ElectionsAbsentee Voting Section

619 E. Ship Creek Ave. #329Anchorage, Alaska 99501-1677

Phone: (907) 375-6400 - Fax: (907) 375-6480

For more information about absentee voting, contact any Division of Elections office or visit ourwebsite at:

www.elections.alaska.gov

Absentee VotingEarly/In Person/By Mail/By Fax/Special Needs Voting

8

Mail or Fax Your Completed Absentee By Mail Ballot Application To:Division Of Elections

Absentee Voting Section619 E. Ship Creek Ave. #329

Anchorage, Alaska 99501-1677Phone: (907) 375-6400 - Fax: (907) 375-6480

9

Sample Ballot

10

Sample Ballot

11

2008 Primary Election

Ballot Measures

Ballot Measure No. 1

Establishing Alaska Gaming Commission


Bill Amending Same Day Airborne Shooting


Bill Providing For Public Funding In Campaigns


Bill Providing For Regulation Of Water Quality

12

Ballot Measure 1Establishing Alaska Gaming Commission

The text of this bill is presented as submitted by petition sponsors.

BALLOT LANGUAGE

This initiative would create a seven-membergaming commission in the state Department ofRevenue, and change gaming laws. The com-mission would employ a director, make contracts,adopt regulations, investigate and enforce gam-ing laws. The commission would have authorityto allow games of chance, such as lotteries andcasino games, in the future. It could join otherstates in multi-state gaming. The director wouldsupervise gaming activities, and enforce charita-ble gaming laws. The initiative would make cer-tain acts related to gaming a felony. Gamingallowed by the new law would be exempted fromthe criminal prohibition against gambling.

Should this initiative become law?

Yes

No

LEGISLATIVE AFFAIRS AGENCY SUMMARY

This would create a body called the AlaskaGaming Commission. The members of the bodywould be appointed by the governor. Somemembers of the body would have to have specialtraining or backgrounds. The body would over-see existing gaming by qualified groups, cities,and boroughs. The body would also be permit-ted to allow new types of gaming to be conduct-ed by other persons under rules set by the body.The body could hire a director and other personsto assist the body in performing its duties.

STATEMENT OF COSTS

As required by AS 15.58.020(6)(c), the AlaskaDepartment of Revenue has prepared the follow-ing statement of costs to the Department ofimplementing the law proposed by this ballot ini-tiative.

This initiative would establish within the Depart-ment of Revenue a Gaming Commission, whichwould have authority to enable and regulate

essentially any form of gaming in Alaska, includ-ing charitable gaming. The Commission wouldestablish regulations governing any permittedforms of gaming. These regulations would, amongother things, determine what revenue the statewould receive from any permitted gambling.Because every aspect of gaming in Alaska wouldbe determined by the future decisions of the com-mission, it is impossible to predict the revenueimpacts of this initiative. It is also difficult to predictthe costs associated with implementing the initia-tive.

The gaming commission would consist of sevenmembers, who would be required to hire an exec-utive director, and would be required to havea yearly audit of their accounts. The Departmentestimates that the minimum additional costs,beyond the current costs for administering chari-table gaming, would amount to approximately$220,000 for the first year if the Commissionauthorized no additional gaming.

If the commission retained the current charitablegaming regulations, and authorized significantnew gaming, the additional cost, beyond the$220,000 cited above and the current costs toadminister charitable gaming, could reach $2.2million per year or more. These costs would prima-rily be for hiring the staff required to audit therecords of gaming companies. If the commissionauthorized Video Lottery Terminals on a statewidebasis, establishing a computer system to adminis-ter this form of gambling would add approximate-ly $1.6 million in the first year.

FULL TEXT OF PROPOSED LAW

“An Act relating to establishing the Alaska

Gaming Commission.”

BE IT ENACTED BY THE PEOPLE OF THE

STATE OF ALASKA:

FINDINGS AND PURPOSE:The people of the State of Alaska find

and determine that it is in the public interest tohave controlled, well managed gaming in Alaska,

13



and protect the public to:

(1) provide recreational opportunitiesfor Alaskans,

(2) attract additional tourists to Alaskabecause the activities available tothem will increase,

(3) retain revenue in Alaska whichnow leaves the State because ofillegal, out-of-state and internetgaming,

(4) provide new economic develop-ment as a sustainable industry,

(5) provide additional potential sourcesof revenue to support programssuch as education, transportation,fish and wildlife management, andoperations of state and local gov-ernments, and

(6) help protect the permanent fund.

*Section 1. AS 04.11.370(c) is amended toread:

(c) If the board receives notice from theAlaska Gaming Commission [DEPARTMENTOF REVENUE] that a licensee or permittee hasviolated a provision of AS 05.15 related to gam-bling, the board

(1) may suspend the license or permit;and

(2) shall suspend the license or permitfor a period of at least 30 days ifthe offense is the person’s secondor subsequent violation of AS05.15 related to gambling.

*Sec. 2. AS 05.15.010 is amended to read:Sec. 05.15.010. Alaska Gaming Com-

mission [DEPARTMENT OF REVENUE]

to administer chapter. The Alaska Gaming

Commission in the Department of Revenue shalladminister this chapter.

*Sec. 3. AS 05.15.690 is amended by adding anew paragraph to read:

(46) “commission” means the AlaskaGaming Commission.

*Sec. 4. AS 05 is amended by adding a newchapter to read:

Chapter 18. Alaska Gaming Commission.

Article 1. Administration.

Sec. 05.18.010. Creation of commission.

(a) The Alaska Gaming Commission is estab-lished for the purposes of generating revenue forthe state and regulating gaming activities in thestate. The commission is established in theDepartment of Revenue. The commission con-sists of five voting members and two ex officiononvoting members appointed by the governor,subject to confirmation by the legislature. Onevoting member shall be appointed from each ofthe four judicial districts of the state. One votingmember shall be an at-large member. Not morethan three of the seven members may be mem-bers of the same political affiliation or party. Onevoting member of the commission must have aleast five years' experience in law enforcementand one voting member must be a certified pub-lic accountant. One ex officio member of thecommission must be an operator or permiteeunder AS 05.15, or an executive or managingdirector, member-in-charge, or member of theboard of directors of an operator or permitee.One ex officio member of the commission musthold a license issued pursuant to AS 04.11, or bea majority owner, officer, or member of the boardof directors of such licensee. The voting mem-bers of the commission shall elect one votingmember to serve as chair of the commission.

(b) The voting members serve staggeredterms of five years. The ex officio members servenonstaggered five-year terms. A member may beappointed but may not serve for more than ten con-secutive years.

(c) A member of the commission does notreceive a salary for service on the commissionbut is entitled to per diem and travel expensesauthorized for members of boards and commis-sions under AS 39.20.180.

(d) A voting member of the commission maynot have a pecuniary interest in a contract agree-ment entered into by the commission.

(e) A person may not serve as a voting mem-ber of the commission if that person

14



(1) has been convicted of(A) a felony; or(B) an offense under this chapter,

AS 11.66.200 - 11.66.280, or acomparable provision of munic-ipal, state, or federal law;

(2) is an elected official of the state orof a political subdivision of thestate;

(3) is an operator or an executive ormanaging director or member-in-charge of an operator or permitteeunder AS 05.15; or

(4) holds a license or permit under AS04.11.

(f) A person may not serve as an ex officiomember of the commission if that person hasbeen convicted of a crime listed in (e)(1) of thissection or is an elected official of the state or ofa political subdivision of the state.

(g) A person may not serve as a member ofthe commission until the investigation requiredunder AS 18.65.080(b) is completed.

(h) Three voting members of the commissionconstitute a quorum for the transaction of busi-ness.

(i) The governor may remove a member forcause, including incompetence, neglect of duty, ormisconduct in office. A member being removed forcause shall be given a copy of the charges andafforded an opportunity to publicly present adefense in person or by counsel upon not less than10 days’ notice. If a member is removed for cause,the governor shall file with the lieutenant governora complete statement of all charges made againstthe member and the governor’s findings based onthe charges, together with a complete record of theproceedings.

(j) The governor may immediately suspend amember for a violation of law or for misconduct inoffice pending removal from office under (a) ofthis section.

Sec. 05.18.020. Meetings. (a) The com-mission shall meet a least quarterly at the call ofthe chair, at the request of a majority of the vot-ing members, or at a regularly scheduled time setby the commission.

(b) An action of the commission is not bind-ing unless taken at a meeting where three ormore of the voting members are present and votein favor of the action.

(c) The voting members of the commissionmay exclude the ex officio members from execu-tive sessions otherwise permitted by law.

Sec. 05.18.030. Duties and powers of com-

mission. The commission shall(1) enter into contracts and agree-

ments necessary to carry out theprovisions of this chapter;

(2) adopt regulations necessary tocarry out the provisions of thischapter;

(3) authorize gaming activities pur-suant to Sec. 05.18.100;

(4) administer, regulate, and enforcethe gaming laws under AS 05.15;

(5) investigate violations of the laws ofAlaska related to gaming and thegaming industry, and refer viola-tions to the Department of Law forprosecution.

(6) report to the governor and the leg-islature on the gaming activitiesauthorized and on the total rev-enue, prize disbursement, andother expenses on a periodic basisas determined by the commission;

(7) report to the governor and the leg-islature each year on authorizedgaming activities, including a fulland complete statement of revenue,prize disbursement, and otherexpenses, and recommendationsfor changes in this chapter;

(8) report to the governor and the leg-islature as frequently as the com-mission determines necessary onconclusions from the analysis ofthe reaction of state residents togaming activities, and on mattersthat require changes in the law toprevent violations or evasions ofthis chapter or to correct undesir-able conditions in connection with

15



the operation or administration ofgaming activities;

(9) monitor the operation of gamingthroughout the state; and

(10) study and investigate the operationand administration of gaming lawsof other states and of federal lawsthat affect gaming activities.

Sec. 05.18.040. Regulations. The commissionshall adopt regulations under AS 44.62(Administrative Procedure Act) to establish

(1) the types of gaming activities to beconducted if those activities arepermitted under AS 05.18.100;

(2) the places and locations wheregaming activities under this chap-ter may be conducted; except thatthe commission may not: (a) cre-ate Gaming Districts as defined inSection .05.15.701(8) of the initia-tive entitled “Alaska Video LotteryLaw” (the “VLT Initiative”) except inaccordance with the proceduresset forth in Section 5.15.707(3) ofthe VLT initiative; and/or (b) pro-hibit the installation and/or opera-tion of Gaming Machines (as here-in defined) within a Gaming Districtby a Licensee as defined in theVLT initiative; and/or (c) authorize,permit, license or approve theinstallation and/or operation ofGaming Machines (as hereindefined) within Gaming Districtsexcept as set forth in Section05.18.100 or the VLT Initiative, ifthat initiative is enacted into law:”

(3) all matters necessary or desirable tocarry out this chapter to operategaming activities efficiently and eco-nomically, and to make the partici-pation in gaming activities and thedistribution of prizes convenient.

Sec. 05.18.050. Executive director and employ-

ees. (a) The commission shall employ an execu-tive director who is qualified by training and experi-

ence to conduct the day-to-day work of the com-mission. The director may not engage in anoth-er professional occupation.

(b) Subject to approval of the commission, thedirector may appoint deputies required to carry outthe functions and duties of the commission. Thedirector may appoint professional, technical, andclerical employees necessary to perform the dutiesof the commission.

(c) The director is in the exempt serviceunder AS 39.25.110.

(d) The commission may not employ a per-son who has been convicted, including convictionbased on a guilty plea or plea of nolo contendere,of an offense that disqualifies a person frombeing a member of the commission.

Sec. 05.18.060. Duties of director. The direc-tor shall

(1) supervise the operation andadministration of gaming activities;

(2) act as secretary to the commission;(3) meet at least quarterly with the

commission on the operation andadministration of gaming activities;

(4) make available for inspection bythe commission, upon request, allbooks, records, files, and otherinformation and documents of thecommission;

(5) advise the commission and makerecommendations to improve theoperation and administration ofgaming in the state;

(6) suspend or revoke a contract issuedunder this chapter for a violation ofthis chapter or the regulationsadopted under this chapter.

(7) provide each month to the com-mission a full and complete state-ment of the revenue, prize dis-bursements, and other expenseson a periodic basis as determinedby the commission; and

(8) administer and enforce the charita-ble gaming laws in AS 05.15.

Sec. 05.18.070. Subpoenas. (a) The director or

16



the commission may subpoena witnesses anddocuments in a matter over which the commis-sion has jurisdiction, control, or supervision. Thedirector or the commission may administer oathsand affirmations to persons whose testimony isrequired.

(b) If a person fails to obey a subpoena, or ifa person refuses to answer a relevant question orto exhibit a document when ordered to do so bythe director or the commission, the director or thecommission may apply to the superior court foran order directing the person to comply with thesubpoena or the order. The court may order theperson to comply.

Article 2. Gaming Activities.

Sec. 05.18.100. Gaming activities. (a) Thecommission may authorize any future gamingactivities provided, however, the commission maynot (1) create Gaming Districts (as defined in theVLT Initiative) except in accordance with the pro-cedures set forth in Section 05.15.707(3) of theVLT Initiative if that initiative is enacted into law;and/or (2) other than in accordance with the provi-sions of the VLT Initiative, authorize, permit,license or approve the installation and/or operationof: (A) more than 5 Gaming Machines (as defined)at any location within the State of Alaska prior toDecember 31, 2012 and/or (B) more than 20Gaming Machines (as defined) at any locationwithin the State of Alaska subsequent toDecember 31, 2012. “Gaming Machines” shall beand mean any and all of: video lottery terminals,slot machines and all mechanical, electrical and/orcomputerized games of chance.”

(b) The commission may participate withother states in multi-state gaming activities.

Article 3. Miscellaneous Provisions.

Sec. 05.18.300. State gaming fund and

appropriations. There is created in the generalfund the State Gaming Fund. The state gamingfund consists of all revenue received from gam-ing activities and all other money credited ortransferred to the fund from another fund orsource. Appropriations may be made from the

State Gaming Fund for any public purpose.

Sec. 05.18.310. Audit. The commissionshall have an audit of the books and accounts ofthe commission performed at least once in eachyear by certified public accountants. TheLegislative Budget and Audit Committee shallannually perform post-audits of the commissionand report to the legislature. The commissionmay have special audits performed at any timeon its own motion or at the request of the direc-tor. The commission shall file a copy of eachaudit with the commissioner of revenue and thelegislature.

Sec. 05.18.320. Prohibited acts. (a) A per-son may not

(1) knowingly act as an operator orpermittee or sell a gaming productunless that person is authorized todo so by the commission, or is anemployee of an authorized opera-tor or permittee authorized to doso and under the supervision ofthe employer, or is a licensee,restricted licensee, or employer ofeither as these terms are definedin the VLT initiative, if that initiativeis enacted into law;

(2) except as otherwise authorized byAS 05.15, knowingly sell or offer tosell a gaming product to a personunder 21 years of age;

(3) knowingly present a counterfeit oraltered gaming product for pay-ment or transfer a counterfeit oraltered gaming product to anotherperson to present for payment;

(4) with intent to defraud, falselymake, alter, forge, utter, pass orcounterfeit a gaming product; or

(5) impersonate a representative ofthe commission.

(b) An agent or contractor may not knowing-ly withhold funds owed to the commission.

(c) In this section, “knowingly” has the mean-ing given in AS 11.81.900.

17



Sec. 05.18.330. Assignment of contracts.

A person that enters into a contract under thischapter may not assign the contract without theapproval of the commission.

Sec. 05.18.340. Penalty. A person that vio-lates AS 05.18.320 or 05.18.330 is guilty of aclass C felony.

Article 4. General Provisions.

Sec. 05.18.900. Definitions. In this chapter,unless the context requires otherwise,

(1) “commission” means the AlaskaGaming Commission;

(2) “director” means the executivedirector of the commission;

(3) “gaming product” means a ticket,receipt, card, or other item, except aprize, received by a person from anagent or an employee of an agentas evidence of participation in agaming activity under this chapter;

(4) “operation and administration”includes accounting, sales, promo-tion, and security;

(5) “person” has the meaning given inAS 01.10.060 and also includes anestate, receiver, trustee, assignee,referee, or other person acting in afiduciary or representative capaci-ty, whether appointed by a court orotherwise, and a department, com-mission, agency, or instrumentalityof the state, including a municipal-ity and an agency or instrumental-ity of a municipality.

*Sec. 5.18.905 Inapplicability to Gaming DistrictsThis chapter does not apply to Gaming Districts as defined in Section 05.15.708 (8)of the initiative entitled “Alaska Video LotteryLaw”, if that initiative is enacted into law.

*Sec. 5. AS 11.66.280(2) is amended to read:(2) “gambling” means that a person

stakes or risks something of valueupon the outcome of a contest of

chance or a future contingent eventnot under the person’s control orinfluence, upon an agreement orunderstanding that that person orsomeone else will receive some-thing of value in the event of a cer-tain outcome; “gambling” does notinclude(A) bona fide business transactions

valid under the law of contractsfor the purchase or sale at afuture date of securities or com-modities and agreements tocompensate for loss causedby the happening of chance,including contracts of indemnityor guaranty and life, health, oraccident insurance;

(B) playing an amusement devicethat (i) confers only an immediate

right to replay not exchange-able for something of valueother than the privilege ofimmediate replay; and

(ii) does not contain a method ordevice by which the privilegeof immediate replay may becancelled or revoked; or

(C) an activity authorized by theAlaska Gaming Commission

under AS 05.15 or AS 05.18;

(D) an activity authorized by theinitiative entitled “Alaska VideoLottery Law”, if that initiative isenacted into law.

*Sec. 6. AS 18.65.080 is amended by adding anew subsection to read:

(b) The Department of Public Safety shallinvestigate and ascertain whether a personappointed by the governor to serve as a mem-ber of the Alaska Gaming Commission hasbeen convicted of a crime set out in AS05.18.010(e).

*Sec. 7. AS 39.25.110 is amended by adding anew paragraph to read:

18



(40) the executive director of the AlaskaGaming Commission.

*Sec. 8. AS 39.50.200(b) is amended by addinga new paragraph to read:

(58) Alaska Gaming Commission (AS 05.18).

*Sec. 9. AS 05.15.690(9) is repealed.

*Sec. 10. The provisions of this act are inde-

pendent and severable, and if any provision of

this Act, or the applicability of any person or

circumstance, shall be held to be invalid by a

court of competent jurisdiction, the remainder

of this Act shall not be affected and shall be

given effect to the fullest extent practicable.

*Sec. 11. The uncodified law of the State ofAlaska is amended by adding a new section toread: REVISOR INSTRUCTION. The revisor ofstatutes is instructed to change references to the“commissioner” and “department” in AS 05.15 to“commission” unless it is clear from the contextthat “commissioner” refers to a commissionerother than the commissioner of revenue and“department” refers to a department other thanthe Department of Revenue.

19


The statement printed on this page is the opinion of the author(s) and is presented as submitted to the Division of Elections.

STATEMENT IN SUPPORT

Alaska is the only gaming state in America,which has no single regulatory agency. Alaskahas over 15 types of charitable gaming. If you’veever bought a raffle ticket, entered a fishingderby, played Bingo, or guessed when the ice atNenana will go out, you have legally, gambled inAlaska. These gaming activities produce a $350million dollar gambling industry.

Enjoying a “Monte Carlo Night,” a game ofKeno or buying an Alaska Lottery ticket, are notallowed. Why not? The simple reason is thatcertain powerful legislators, over the years, havedenied you the right to engage in these otherharmless gaming activities. Even though, scien-tific research has shown that 97% of persons,who do gamble, gamble responsibly.

Who’s Backing This Initiative?

Over 52,000 Alaskans from across the Statesigned the Gaming Commission petition, placingthe issue on this ballot. “Alaskans for GamingReform” was started by businesses involved ingaming. They were quickly joined by members ofthe Alaska Native Brotherhood (ANB) in Juneauwho helped draft the Initiative language. TheNative community is also critically aware of theinternal problems of current gaming laws.

What Will The Initiative Do?

The Initiative would only create a GamingCommission. That Commission would overseeall gaming activities and have the authority toauthorize, administer, regulate, and enforce allgaming laws in Alaska. This Initiative, in itself,would NOT increase gambling in Alaska. The“Will of the People”, not the Legislature, woulddecide what gaming activities would or would notbe authorized. A Gaming Commission, appoint-ed by the Governor and approved by theLegislature would ensure fairness and uniformity.

Who Is Managing Our Gambling Now?

Currently, the understaffed CharitableGaming Division of the Department of Revenueadministers and monitors gaming activities. The

Department of Public Safety and local lawenforcement agencies enforce the gaming lawsand the Department of Law prosecutes gamingviolations. This Initiative would consolidate allthose functions into the Alaska GamingCommission, thereby relieving the other agen-cies of valuable time to pursue their primaryresponsibilities.

How Will Non-Profits Be Affected?

The revenue that non-profits currently receivefrom Bingo, pulltabs, raffles and other charitablegaming activities will NOT be affected by thisInitiative. Initial funding for the Commission staffand operations would be borne by the State butwould be reimbursed from gaming revenuereceived and thereafter, be self sufficient. Anynew forms of gaming allowed by the Commissioncould be taxed by the State, providing neededrevenue for education, public safety, highways,and substance abuse rehabilitation facilities.

Conclusion!

A Gaming Commission will ensure that all gam-ing activities have responsible oversight. Gamingactivities could be controlled and monitored by acentral computer thus eliminating cumbersomereporting requirements and eliminating fraud andcorruption. It could establish a new, stable, andconsistent entertainment industry creating jobsthroughout the State.

The majority of Alaskans can seldom agree onany one issue. This is one of them!

Anyone voting against an Alaska

Gaming Commission is in favor

of unregulated gaming!

Darwin A. Biwer, Jr.ChairmanAlaskans for Gaming Reform

20



STATEMENT IN OPPOSITION

Voting NO on Ballot Measure 1 leaves Alaskansin charge of whether gambling should beexpanded in our state. The creation of theAlaska Gaming Commission will take away thatright by giving five (5) unelected individuals serv-ing on the Commission the ability to singlehand-edly authorize any future gaming activities inAlaska including slot machines and casinos. Asa Dept. of Revenue entity, the Alaska GamingCommission would have very little incentive toexamine the harmful and addictive conse-quences and societal costs of gambling.

Voting NO on Ballot Measure 1 sends a strongmessage that the net societal effect of our gov-ernment embracing gambling as a legitimateform of raising revenue is wrong and would bringwith it disastrous consequences.

Unfortunately, some lawmakers today are look-ing toward a revenue stream that has a landslideof cultural and social costs in its wake. There’s areason why they say what happens in Vegas …stays in Vegas.

Nevada, the gambling state, has been ranked #1in the country in suicides, divorce, prostitution,women killed by men and gambling addiction andhas been ranked as the “most dangerous state inthe nation” by a nationally respected companythat compares rates per 100,000 for murder,rape, robbery, aggravated assault, burglary andmotor vehicle theft.

Voting NO on Ballot Measure 1 sends a messagethat Alaskans do not want to grow our govern-ment and create a new bureaucracy to overseean activity that ravages the lives of individualsand families, and contributes substantially to themoral decay of our communities. The societalcosts of problem gambling are significant, fromdivorce, child neglect, indebtedness, bankrupt-cies and gambling-related financial crimes andloss of jobs.

While some Alaskans may consider gambling tobe a harmless pastime, many underestimate thecosts in dollars and human suffering associatedwith it.

Studies show that about 2.5 million Americansare pathological gamblers, and another 3 millionare problem gamblers. According to theAmerican Insurance Institute, gambling is themain cause of white collar crime, and is the thirdleading cause of individual bankruptcy inAmerica.

Gambling is driven by and subsists on greed. Forthis reason, the activity is morally bankrupt fromits very foundation. Gambling is also an activitywhich exploits the vulnerable - the young, the old,and those susceptible to addictive behaviors.Further, gambling entices the financially disad-vantaged classes with the unrealistic hope ofescape from poverty through instant riches, thusultimately worsening the plight of our poorest cit-izens. Gambling undermines the work ethic. It isbased on the premise of something for nothing,a concept that sanctions idleness rather thanindustriousness, slothfulness instead of initiative.

Though the human suffering caused by compul-sive gambling may be borne by a minority of thepopulation, the overall economic and social costsare shared by all. Alaskans should ultimately havethe final say as to whether our Government shouldbe partially funded by gambling. Voting NO onBallot Measure 1 gives Alaskans that authority.

Jim Minnery - PresidentAlaska Family Council

Debbie Joslin - PresidentEagle Forum Alaska

21

Ballot Measure 2Bill Amending Same Day Airborne Shooting


BALLOT LANGUAGE

This bill amends current law banning same-dayairborne shooting to include grizzly bears. Thebill permits the Board of Game to allow a preda-tor program for wolves and grizzly bears if theCommissioner of Fish and Game finds an emer-gency, where wolves or grizzly bears in an areaare causing a decline in prey. Only employees ofthe Department of Fish and Game could takepart in the program. Only the minimum numberof wolves or grizzly bears needed to stop theemergency could be removed.


Yes

No


This measure prohibits a person from shootingwolves or grizzly bears on the same day the per-son has been airborne. But, there is an excep-tion if there is a biological emergency and theshooting is the only feasible option. Also, for theshooting to be allowed, the shooting must bedone only by a state employee and in certainareas of the state. The number of wolves or griz-zly bears shot under the exception has to be theleast amount possible.

STATEMENT OF COSTS

As required by AS 15.58.020(6)(c), the AlaskaDepartment of Fish and Game (ADF&G) hasprepared the following statement of costs to theDepartment of implementing the law proposedby this ballot initiative.

The initiative proposes amendments to the statestatutes dealing with the shooting of wolves,wolverines and grizzly bears with the use of air-craft. If it became law, the initiative would requirethe Commissioner of Fish & Game to find that a“biological emergency,” as defined in the initia-

tive, existed in a specific geographical areabefore initiating “airborne control” of a populationof predators.

ADF&G estimates that the additional biologicalresearch and data-gathering needed in order toconsider making such a finding would cost atleast an additional $400,000 per year in staff timeand operational expenses. In addition, the initia-tive requires that any same-day-airborne shoot-ing of predators be conducted by ADF&G per-sonnel. Current administration policy prohibitsdepartment personnel from participating in suchprograms.

The department believes that the definition of“biological emergency” in the initiative is so nar-row that the Commissioner would be precludedfrom ever determining that a biological emer-gency exists, and from implementing any air-borne predator control program. Therefore, itwould be unnecessary for the department toexpend the $400,000 per year cited above inresearch costs. In addition, there would not beany new salary or aircraft costs associated withdepartment staff taking wolves or grizzly bearswith the use of aircraft. In sum, because the ini-tiative essentially precludes airborne predatorcontrol programs, the end result is that therewould be no direct fiscal impact on ADF&G if theinitiative becomes law.


An Act Prohibiting the Shooting of Wolves &

Grizzly Bears with the Use of Aircraft

Be it enacted by the People of the State ofAlaska that Section 1. A.S. 16.05.783 is amend-ed to read:

Section 16.05.783. (a) A person may not shootor assist in shooting a free-ranging wolf, wolver-ine or grizzly bear the same day that theperson has been airborne. However, the Boardof Game may authorize a predator programinvolving the shooting of wolves or grizzly bears

22



from the air or on the same day that a person hasbeen airborne if

(1) the Commissioner of Fish andGame makes written findingsbased on adequate data demon-strating that a biological emer-gency exists and that there is nofeasible solution other than air-borne control to eliminate the bio-logical emergency;

(2) any shooting is conducted byDepartment of Fish and Gamepersonnel only, and not by any per-mittee or agent;

(3) the program is limited to the spe-cific geographical area where thebiological emergency exists; and

(4) the program removes only the min-imum number of wolves or grizzlybears necessary to eliminate thebiological emergency.

(b) This section does not apply to a personwho was airborne the same day if that personwas airborne only on a regularly scheduled com-mercial flight.

(c) A person who violates this section isguilty of a misdemeanor, and upon conviction ispunishable by a fine of not more than $5,000, orby imprisonment for not more than one year, or byboth. In addition, the court may order the aircraftand equipment used in or in aid of a violation ofthis section to be forfeited to the State.

(d) In this section,(1) “free-ranging” means that the ani-

mal is wild and not caught in a trapor snare; and

(2) “biological emergency” means acondition where a wolf or grizzlybear population in a specific geo-graphic area is depleting a preypopulation to a point that if not cor-rected will cause an irreversibledecline in the prey population suchthat it is not likely to recover with-out implementing wolf or grizzlybear control.

23The statement printed on this page is the opinion of the author(s) and is presented as submitted to the Division of Elections.



A YES vote on Ballot Measure 2 would prohibitthe shooting of wolves and grizzly bears from theair or by using a plane to land and shoot, as partof a predator control program, unless theCommissioner of Fish and Game determines,based on adequate data, that a biological emer-gency exists.

A biological emergency is defined as a conditionwhere wolves or bears are depleting a prey pop-ulation to a point that if not corrected, will causean irreversible decline in a prey population unlesscontrol measures using aircraft are implemented.

This would restore a prohibition that an over-whelming majority of Alaskans passed by initia-tive in 1996, but was subsequently overturned bythe legislature. We believe a majority of Alaskansstill support this measure, as evidenced by thefact that 57,000 residents signed our petition, in37 of the 40 state election districts, with strongsupport in both urban and rural areas.

Ballot Measure 2 is seen as a reasonable andmoderate management policy that actuallyallows predator control using aircraft in seriouscases where predators are directly responsible,but not on an ongoing basis just to inflate gamepopulations for ever increasing numbers ofhunters, when predators are not causing a bio-logical problem. By allowing limited aircraft con-trol measures in emergencies, rural subsistencehunting will be protected and declining gamepopulations can be enhanced.

If Ballot Measure 2 passes, it will still remainlegal to trap and hunt wolves on foot or by snow-machine. A large majority of wolves are taken bythese methods at present.

The organization promoting a YES vote on BallotMeasure 2, Alaskans for Wildlife, is composed oflong-term state residents who actively hunt butbelieve that limits on the use of aircraft for bearand wolf control are necessary because of pastabuses involved with this type of shooting,

enforcement difficulties and the damage done tothe image of responsible game management inAlaska.

Past experience has indicated that predator con-trol programs using aircraft can only be success-ful if they are scientifically justified, cost-effectiveand grounded in broad public acceptance.Alaska's present program is not.

Please vote YES on Ballot Measure 2. It gets ridof a bad wildlife law while sending a message tothe Alaska legislature that voters meant it whenthey passed the measure placing serious limitson aircraft-assisted predator shooting the firsttime.

Joel BennettAuthor and initiative Committee Member

24




Vote NO on Measure 2

Measure 2 would effectively place a permanentban the state’s aerial predator management pro-grams and is driven by out-of-state animal rightsextremists and a few misguided Alaskans. Thismeasure is bad for Alaska for a number of rea-sons:

• After a winter of aggressive wolf attacks,now is not the time to limit the options of pro-fessional game managers

• Removing a critical wildlife management toolmay force game managers to turn to other

predator management options

• Allowing moose and caribou populations tobe decimated, punishes the subsistence

hunters who depend on them

Vote NO on Measure 2:Let’s be clear, predator management is not

hunting and fair chase ethics do not apply. It is agame management tool, period. Predator man-agement programs are only used on limited basisto restore moose and caribou populations andensure Alaskans have adequate access to foodsources. Predator management is not abouteliminating all predators, when a program’s

goals are reached the program is stopped.

Vote NO on Measure 2:Alaskans all across the state have seen or readabout the killing power of wolves. Countlessdogs were stalked and killed and even people

were threatened by wolves. These wolf attackswere vicious and often deadly. They drive homethe necessity of managing predator populations.

Vote NO on Measure 2:The state tries to increase game populations byimproving habitat, reducing hunting quotas andother means before using predator control pro-grams. Only when these options fail does thestate turn to the last resort of aerial predatormanagement, which is conducted by private indi-viduals with specially-issued, strictly monitored

permits. By limiting predator management effortsto state employees only, this measure will forcetaxpayers to pay for the extensive and

increasing costs of the programs.

Vote NO on Measure 2:While the ballot title makes Measure 2 seem rea-sonable, the measure's definition of an “emer-gency” is so restrictive that by the time the Statewould be allowed to attempt to manage predatorpopulations, it would be too late. It is a classicbait-and-switch tactic used by out-of-stateextremists.

Vote NO on Measure 2:The campaign run by the animal rights extremistssupporting this measure is designed to tug atyour heartstrings. Before you make your finaldecision, please consider these facts aboutMeasure 2:

• Predator management is not hunting andis only used on a limited basis to reduceexcessive predator populations

• Predator management is only used to ensureAlaskans have enough wild game to feed

their families

• Without aerial predator management, gamemangers may turn to more extreme options

Please vote NO on Measure 2

Dr. Wayne RegelinFormer Director of Wildlife Conservationand Former Deputy Commissioner of AlaskaDepartment Fish & Game

Samantha Castle KirsteinFormer Alaska Board of Game Member

Mary Nelson State Representative, Bethel

25

Ballot Measure 3Bill Providing For Public Funding In Campaigns

BALLOT LANGUAGE

This bill creates a voluntary program of publicfunding for state election campaigns. To qualify,candidates must collect a certain number of sig-natures and $5 campaign contributions from vot-ers in the area in which the candidate is runningfor office. Qualified candidates that agree to lim-its for campaign fundraising and spendingmay receive campaign funding from the Stateof Alaska based on the office sought. A qualifiedcandidate may receive state matching funds ifthe candidate is opposed by a candidate thatdoes not take part in the program.


Yes

No


This Act would create a program for the publicfunding of some state election campaigns. Aperson running for the office of governor, lieu-tenant governor, state senator, or state represen-tative could be eligible. To qualify, the personwould have to get a set number of $5 campaigndonations from certain Alaska voters. The num-ber of donations would depend on the officesought. Once qualified, the person would receivecampaign funding from the State of Alaska. Theamount of funding would be based on the officesought. Other sources of funding would be limit-ed. The person would have to abide by the pro-gram’s fundraising limits. The person would haveto abide by the program’s spending limits. Aqualified person could receive matching fundsfrom the state if opposed by a candidate whowas not taking part in the program.

STATEMENT OF COSTS

Estimate of Cost to the State for Implementa-

tion: The information below was prepared bythe Department Administration, Alaska Public

Offices Commission as an estimate of the cost tothe state for implementing the proposed law.This estimate is required by AS 15.45.090(a)(4).

Costs

This initiative establishes public funding for statecandidates who agree to limit their campaignspending. The Commission will be responsiblefor a new section which will administer the provi-sions of AS 15.14, for additional oversight ofpolitical campaigns.

Administrative Costs

Funding is required for 6 positions: anAccountant V, who will lead the section, anAccounting Technician III who will provide assis-tance to the manager and supervise the supportstaff; a Regulations Specialist/ComplianceAuditor who will initially draft the regulationsrequired to implement the act and then act as thechief auditor, two Administrative Assistants andan Administrative clerk.

Additional funding is needed to support the newpositions, including supplies, equipment and sup-port services. One-time funding is required toprovide office space and work stations, with stan-dard equipment, for the new employees.

The Alaska Public Offices Commission,Department of Administration, expects that gen-eral funds will be required for the following (dollaramounts are in thousands):

One-Time Costs: $ 112.4

One-time costs include office space for sixemployees including parts, labor, chairs, comput-ers, workstation, filing cabinets, etc.

Salary and Benefits Costs: $ 409.7

Yearly Operations Costs: $ 81.7

Total First Year Costs: $ 603.8

Total Continuing Costs: $ 491.4

26


The initiative would also require the StateDepartment of Administration to implement anew debit card program for disbursing funds tocandidates. The cost to implement such a pro-gram cannot be accurately estimated at this timewithout costly research.

The Division of Elections will provide accessto the voter registration database, so thatCommission staff can verify that makers of cam-paign contributions are registered voters in theappropriate election districts.

Campaign Financing Costs

It is difficult to accurately estimate the cost ofproviding public funds to candidates under thisinitiative. The cost will depend on the number ofcandidates that choose to participate in the pub-lic campaign financing program, and severalother factors. Because public funding is optional,candidates cannot legally be mandated to use it,and some candidates are likely to not choosepublic funding, lowering the total cost of theprogram. Other scenarios could be analyzed inaddition to the examples below.

The following analysis is based on the percent-ages of candidates who chose to enroll in a simi-lar program in Maine. Maine, along with Arizona,has the longest history with this program (4 elec-tion cycles). Although the numbers of statewideand district offices differ from state to state, the fol-lowing cost analysis assumes an identical percent-age of participation in Alaska as in Maine duringthe first year of operation (33%). The following iscalculated using the number of primary and gen-eral election candidates in the 2006 election:

Primary Election (dollar amounts are in thousands)

# Participating# Candidates Candidates Office Amount Total____________________________________________________13 4 Gov. $ 250.0 $ 1,000.08 3 Lt. Gov. $ 150.0 $ 450.0

23 8 Senate $ 24.0 $ 192.092 31 House $ 16.0 $ 496.0

TOTAL PUBLIC

FUNDING FOR PRIMARY ELECTION $ 2138.0

BASED ON 33% PARTICIPATION

General Election (Dollar amounts are in thousands)

# Participating# Candidates Candidates Office Amount Total____________________________________________________

6 2 Gov./Lt.. $ 500.0 $ 1,000.020 7 Senate $ 36.0 $ 252.072 24 House $ 24.0 $ 576.0

TOTAL PUBLICFUNDING FOR GENERAL ELECTION $ 1828.0BASED ON 33% PARTICIPATION

TOTAL COSTS TO THE STATE

BASED ON 33% PARTICIPATION $3966.0

The following analysis is based on the number ofprimary and general election candidates in the2006 election and a scenario in which every can-didate qualifies for, and chooses public funding:

Primary Election (dollar amounts are in thousands)

# of Candidates Office Amount Total____________________________________________________13 Gov. $ 250.0 $ 3,250.08 Lt. Gov. $ 150.0 $ 1,200.0

23 Senate $ 24.0 $ 522.092 House $ 16.0 $ 1,472.0

TOTAL PUBLICFUNDING FOR PRIMARY ELECTION: $ 6,474.0

General Election (Dollar amounts are in thousands)

# of Candidates Office Amount Total____________________________________________________6 Gov./Lt.. $ 500.0 $ 3,000.0

20 Senate $ 36.0 $ 720.072 House $ 24.0 $ 1,728.0

TOTAL PUBLICFUNDING FOR GENERAL ELECTION: $ 5,448.0

TOTAL POTENTIAL

COSTS TO THE STATE: $11,922.0

The proposal also contains additional fundingmechanisms for different situations, which couldincrease the cost of the program.

For example, if a qualified participating candidateis outspent by her or his opponent, who has not

27



opted for public funding, the state will match theopponent's spending by giving the like amountof funds to the qualified candidate. These costsmay be very large. For example, if a qualifiedcandidate is outspent by a nonparticipating oppo-nent during the primary election, the state mayprovide additional funding up to three times theamount provided above.

Because this program involves many interactingfactors, it is difficult to accurately predict programcosts. We have analyzed administrative costs,potential program costs based on a similar pro-gram in Maine, potential program costs if everyAlaskan candidate chooses to enroll, and a dis-cussion of the factors that interact in determiningthe costs of the program.


“An Act establishing a program of public fundingfor campaigns for state elected offices, to beknown as the Alaska Clean Elections Act.”


STATE OF ALASKA:

*Section 1. The uncodified law of the State ofAlaska is amended by adding a new section toread:

SHORT TITLE. This Act may be known asthe Alaska Clean Elections Act.

*Sec. 2. The uncodified law of the State of Alaskais amended by adding a new section to read:

FINDINGS. The people of the State of Alaskafind that providing a voluntary clean elections sys-tem for all primary and general elections wouldenhance democracy in the state in the followingprincipal ways:

(1) it would affirm the principal of “oneperson, one vote,” reduce the dis-proportionate and deleterious influ-ence of large contributors, andrestore the rights of citizens of allbackgrounds to equal and mean-ingful participation in the demo-cratic process;

(2) it would slow the escalating cost ofelections;

(3) it would enable voters and candi-dates to hear and to be heard inthe political process, and restoreopen and robust debate on issuesof public concern;

(4) it would diminish the public percep-tion of corruption, strengthen pub-lic confidence in democratic institu-tions and processes, and eliminatethe danger of corruption caused bythe private financing of electioncampaigns;

(5) it would increase the accountabilityof elected officials to the con-stituents who elect them;

(6) it would create genuine opportuni-ties for qualified residents of thestate to run for state office andencourage more competitive elec-tions; and

(7) it would free elected officials fromthe incessant rigors of fundraisingand allow them more time to carryout their official duties.

*Sec. 3. AS 15.13.010 is amended by adding anew subsection to read:

(e) This chapter does not limit the applicationof AS 15.14 to contributions, expenditures, andcommunications made for the purpose of influ-encing the nomination or election of a candidatefor governor, lieutenant governor, or a member ofthe state legislature.

*Sec. 4. AS 15.13.030 is amended to read:

Sec. 15.13.030. Duties of the commission.

The commission shall (1) develop and provide all forms for

the reports and statementsrequired to be made under thischapter, AS 15.14, AS 24.45, andAS 39.50;

(2) prepare and publish a manual set-ting out uniform methods of book-keeping and reporting for use by

28



persons required to make reportsand statements under this chapterand AS 15.14, and otherwiseassist candidates, groups, andindividuals in complying with therequirements of this chapter and

AS 15.14;

(3) receive and hold open for publicinspection reports and statementsrequired to be made under thischapter and AS 15.14, and, uponrequest, furnish copies at cost tointerested persons;

(4) compile and maintain a current listof all filed reports and statements;

(5) prepare a summary of each reportfiled under AS 15.13.110 and AS

15.14 and make copies of thissummary available to interestedpersons at their actual cost;

(6) notify, by registered or certifiedmail, all persons who are delin-quent in filing reports and state-ments required to be made underthis chapter and AS 15.14;

(7) examine, investigate, and compareall reports, statements, and actionsrequired by this chapter, AS 15.14,

AS 24.45, and AS 39.50;(8) prepare and publish a biennial

report concerning the activities ofthe commission, the effectivenessof this chapter, its enforcement bythe attorney general’s office, andrecommendations and proposalsfor change; the commission shallnotify the legislature that the reportis available;

(9) adopt regulations necessary toimplement and clarify the provisionsof AS 15.14, AS 24.45, AS 39.50,and this chapter, subject to the pro-visions of AS 44.62 (AdministrativeProcedure Act); and

(10) consider a written request for anadvisory opinion concerning theapplication of this chapter, AS

15.14, AS 24.45, AS 24.60.200 -

24.60.260, or AS 39.50; and

(11) appoint a clean elections admin-

istrator to administer AS 15.14

and to make decisions authorized

by that chapter or decisions dele-

gated to the administrator by the

commission.

*Sec. 5. AS 15.13.045(b) is amended to read:(b) In conjunction with (a) of this section, the

commission may compel the attendance of wit-nesses and production of papers, books,records, accounts, documents, and testimony,and may have the deposition of witnesses takenin a manner prescribed by court rule or law forthe taking of depositions in civil actions whenconsistent with the powers and duties assignedto the commission by this chapter and AS 15.14.

*Sec. 6. AS 15.13.045(c) is amended to read:(c) The commission may examine the papers,books, records, accounts, and documents of anyperson subject to this chapter and AS 15.14 toascertain the correctness of a report filed with thecommission, or in conjunction with an investigationor inspection conducted under (a) of this section.

*Sec. 7. AS 15 is amended by adding a newchapter to read:

Chapter 14. Clean Elections.

Sec. 15.14.010. Clean elections fund. (a) Theclean elections fund is created in the generalfund. The fund shall be used by the administra-tor to finance the election campaigns of certifiedcandidates participating in a voluntary alternativecampaign financing option available to personsrunning for the office of governor, lieutenant gov-ernor, state senator, or state representative, andto pay the administrative and enforcement costsof the commission.

(b) The legislature may appropriate moneyfrom the following sources to the fund:

(1) the qualifying contributions requiredof candidates applying for certifica-tion under AS 15.14.060;

(2) unspent funds returned by a partic-

29



ipating candidate under this chap-ter; and

(3) fines or monetary penalties leviedby the commission against candi-dates for violations of this chapter:

(4) the general fund.(c) Money appropriated to the fund may be

spent without further appropriation.(d) Money in the fund does not lapse.

Sec. 15.14.020. Limitations on participating

candidates. (a) During an election cycle, a par-ticipating candidate may not accept, expend, oragree to expend any contributions or funds otherthan

(1) seed money contributions allowedunder AS 15.14.040;

(2) clean elections funds receivedunder AS 15.14.080-15.14.100;

(3) contributions from a political partyunder AS 15.14.130; and

(4) private contributions allowed underAS 15.14.150(b).

(b) A participating candidate who receivesfunds under this chapter during the primary elec-tion campaign period shall comply with therequirements of this chapter during the subse-quent general election campaign period.

(c) A participating candidate may only usecontributions and funds received under this chap-ter during an election cycle to pay expenses orexpenditures incurred during that election cycle.Funds received under this chapter may not beused for costs or legal fees related to representa-tion before the commission or for defense of anyenforcement action under this chapter. Nothingin this chapter prevents a participating candidatefrom having a legal defense fund.

(d) A participating candidate may not expendfunds raised or received before the election cycle.

(e) A participating candidate shall complywith the expenditure limits set out in AS15.14.070.

(f) A participating candidate shall continue tobe bound by all other applicable election andcampaign finance statutes and regulations,except for provisions in express or clear conflictwith the provisions of this chapter.

Sec. 15.14.030. Declaration of intent. (a) Acandidate may become a participating candidateunder this chapter by filing a statement declaringthe candidate’s intent to seek certification underAS 15.14.060 and to comply with the require-ments of this chapter. The candidate’s declara-tion of intent may be filed with the commission atany time before the end of the qualifying periodunder AS 15.14.035 during the election cycle.

(b) A candidate may not solicit or collectseed money contributions or qualifying contribu-tions before submitting a declaration of intent.

Sec. 15.14.035. Qualifying period. (a) A can-didate for governor or lieutenant governor mayqualify between August 1 of the year preceding ayear in which the general election is held andJune 1 of the year of the general election.

(b) A candidate for the office of state senatoror state representative may qualify betweenOctober 1 of the year preceding a year in whichthe general election is held and June 1 of theyear in which a general election is held.

Sec. 15.14.040. Seed money contributions.

(a) A participating candidate may accept contri-butions not to exceed $100 from an individual atany time during an election cycle before filing anapplication for certification under AS 15.14.060.Those contributions may be expended by a can-didate for the purpose of soliciting qualifying con-tributions under AS 15.14.050 and for any pur-pose authorized under AS 15.13. A candidatemay not collect or spend seed money contribu-tions after certification as a participating candi-date under AS 15.14.060.

(b) Seed money contributions and expendi-tures made under this section must be reportedunder AS 15.13.

(c) A participating candidate may not collectmore than the following amounts in seed moneycontributions:

(1) $20,000 if the candidate is seekingthe office of governor;

(2) $10,000 if the candidate is seekingthe office of lieutenant governor;

(3) $ 2,000 if the candidate is seekingthe office of state senator; or

30



(4) $ 1,000 if the candidate is seekingthe office of state representative.

(d) A participating candidate who exceedsthe applicable limit established in (c) of this sec-tion shall return the excess funds to the contribu-tors. The participating candidate may return allor part of a seed money contribution, and thereturned amount will not be counted as part ofthe contribution or counted toward the candi-date’s seed money limit under (c) of this section.The participating candidate shall refund the con-tribution within three days after the candidate dis-covers that the candidate’s applicable seedmoney limit has been exceeded. The candidateshall report the receipt and return of all excessseed money contributions to the commission.

Sec. 15.14.050. Qualifying contributions. (a)Except as provided in (d) of this section, a partic-ipating candidate shall obtain the following num-ber of contributions of exactly $5, to be certifiedunder AS 15.14.060:

(1) contributions from 3,000 registeredvoters in the state if the candidateis seeking the office of governor;

(2) contributions from 1,500 registeredvoters in the state if the candidateis seeking the office of lieutenantgovernor;

(3) contributions from 400 registeredvoters in the candidate’s state sen-ate district if the candidate is seek-ing the office of state senator; and

(4) contributions from 200 registeredvoters in the candidate’s state housedistrict if the candidate is seekingthe office of state representative.

(b) A qualifying contribution must be accom-panied by a form prescribed by the commissionthat includes

(1) the name and address of the con-tributor;

(2) a signed and dated statement bythe contributor supporting the can-didate’s participation in the cleanelections program; and

(3) the amount of the qualifying contri-bution.

(c) Contributions under this section may beaccepted only by the candidate, the candidate’scampaign treasurer, or a deputy treasurer of thecandidate’s campaign. A payment, gift, or any-thing of value may not be given in exchange for aqualifying contribution. A contribution received inviolation of this subsection is not a qualifyingcontribution and may not be reported or treatedby the candidate as a qualifying contribution.

(d) The commission shall adopt regulationsproviding for a qualifying contribution of less than$5 from a low-income registered voter, as definedby the commission. The qualifying contributionform adopted by the commission under (b) of thissection must allow a registered voter to certifythat the voter meets the requirements estab-lished under the subsection. A statement sup-porting a candidate’s participation in the cleanelections program that is made by a registeredvoter qualified under this subsection shall betreated as a qualifying contribution under (a) ofthe section, notwithstanding that the voter did notmake a $5 contribution to the candidate.

(e) In this section, “registered voter” means aperson who is a registered voter at the time the per-son provides a qualifying contribution to the candi-date or who becomes a registered voter at least fivedays before the participating candidate applies tobecome a certified candidate under AS 15.14.060.

Sec. 15.14.060. Certification of candidates.

(a) To become a certified candidate, a participat-ing candidate shall apply for certification on aform prescribed by the commission. The formmust

(1) be filed during the qualifying periodunder AS 15.14.035;

(2) be signed by the participating can-didate and the participating candi-date’s treasurer;

(3) identify the office the participatingcandidate is seeking;

(4) identify the participating candi-date's party, if any;

(5) include the participating candi-date’s declaration that the candi-date has abided by and will contin-ue to abide by the requirements of

31



this chapter through the electioncycle; and

(6) be accompanied by(A) a campaign finance report as

provided in (c) of this section;and

(B) the number of qualifying con-tributions and accompanyingvoter statements requiredunder AS 15.14.050.

(b) The administrator shall certify a candi-date if the administrator determines that the par-ticipating candidate has

(1) signed and filed a declaration ofintent under AS 15.14.030;

(2) collected the required number ofqualifying contributions under AS15.14.050;

(3) tendered the sum of the qualifyingcontributions to the commission;

(4) met all other applicable require-ments for participation establishedunder this chapter; and

(5) agreed to abide by all require-ments for participating candidates.

(c) The campaign finance report requiredunder (a)(6)(A) of this section must be in the formrequired under AS 15.13.040. The report mustaccount for a participating candidate's seedmoney contributions received and expendituresincurred since the last report filed under AS15.13.110, or, if no prior report has been filed, thereport must account for all seed money contribu-tions received and expenditures incurred throughthe third day before the date that the report isfiled.

(d) A candidate who the commission deter-mines has fewer than the required number ofqualifying contributions under AS 15.14.040 maysubmit additional qualifying contributions duringthe qualifying period.

(e) In an election year, the administrator shallcertify a candidate who complies with therequirements of this section not later than

(1) five business days after the candi-date’s submission of the form,campaign finance report, and qual-ifying contributions required under

(a) of this section if the applicationis submitted before May 20; and

(2) 10 business days after the candi-date’s submission of the form,campaign finance report, and qual-ifying contributions required under(a) of this section if the applicationis submitted on or after May 20.

(f) A candidate who is denied certification bythe administrator is no longer bound by the pro-visions of this chapter pertaining to participat-ing candidates. The administrator shall returnthe qualifying contributions submitted by a can-didate who is denied certification.

(g) The director of the division of electionsshall assist the administrator in carrying out thecommission’s duties under this section by

(1) verifying, within the time period setout in AS 15.14.060(f), that themaker of a qualifying contributionis a registered voter in the electoraldistrict of the candidate who hassubmitted the qualifying contribu-tion; and

(2) verifying that the candidate hasproperly filed for the office the can-didate is seeking.

Sec. 15.14.070. Limits on expenditures. (a) Acertified candidate shall comply with the limits oncampaign expenditures set out in this section, asadjusted in accordance with AS 15.14.100,15.14.130, and 15.14.220.

(b) Total expenditures for participating candi-dates during the primary election campaign peri-od may not exceed the following amounts:

(1) $275,000 for a candidate for theoffice of governor;

(2) $165,000 for a candidate for theoffice of lieutenant governor;

(3) $26,400 for a candidate for theoffice of a state senator; and

(4) $17,600 for a candidate for theoffice of a state representative.

(c) Total expenditures for certified candidatesduring the general election period may notexceed the following amounts:

(1) $550,000 for candidates in a joint

32



campaign for the offices of gover-nor and lieutenant governor;

(2) $39,600 for a candidate for theoffice of state senator; and

(3) $26,400 for a candidate for theoffice of state representative.

Sec. 15.14.080. Distribution of clean elections

program funds to certified candidates. (a) Acandidate certified by the commission is eligibleto receive distributions from the fund establishedunder this chapter up to the following amounts:

(1) funds for certified candidates in theprimary election are limited to(A) $250,000 for a candidate for

the office of governor;(B) $150,000 for a candidate for

the office of lieutenant governor;(C) $ 24,000 for a candidate for

the office of state senator; and(D) $ 16,000 for a candidate for

the office of state representative;(2) funds for certified candidates in the

general election are limited to(A) $500,000 for candidates in a

joint campaign for the offices of governor and lieutenant governor;

(B) $ 36,000 for a candidate for the office of state senator; and

(C) $ 24,000 for a candidate for the office of state representa-tive.

(b) The commission may by regulation estab-lish procedures requiring the use of debit cards bycertified candidates for all or part of the funds dis-bursed under this section. The commission maylimit the use of debit cards to those election districtswhere it determines their use is reasonable.

(c) A candidate who secures the nominationof a political party for an office in a primary elec-tion is eligible for funds under this chapter for usein the general election only if the combined votesof all of the party's candidates in the primaryelection for that office is equal to at least 10 per-cent of the total number of votes cast for the can-didates of all parties in the primary election forthat office.

Sec. 15.14.090. Timing of distributions. (a)The administrator shall make distributions fromthe fund to certified candidates as follows:

(1) 25 percent of the applicable amountprovided in AS 15.14.080(a)(1) upona candidate’s certification under AS15.14.060; and

(2) An additional 75 percent of theapplicable amount provided in AS15.14.080(a)(1) to each certifiedcandidate with an opponent whowill appear on the primary electionballot within two business daysafter the end of the qualifying peri-od under AS 15.14.035 or upon thecandidate’s certification, whicheveris later.

(b) Within two business days after the direc-tor’s certification of the results of the primaryelection, the administrator shall distribute:

(1) 25 percent of the applicable amountprovided in AS 15.14.080(a)(2) toeach certified candidate who willappear on the ballot in the generalelection without an opponent; and

(2) 100 percent of the applicableamount provided in AS15.14.080(a)(2) to each certifiedcandidate who will appear on theballot in the general election with anopponent.

(c) The administrator shall deduct from theamount distributed under (a) of this section theamount of any unspent or unobligated seedmoney contributions under AS 15.14.040 held bya participating candidate at the time the candi-date files an application for certification under AS15.14.060. The administrator shall deduct fromthe amounts distributed under (b) of this section:

(1) the amount of any unspent orunobligated primary election fundsheld by a certified candidate;

(2) the amount of any prepaid generalelection expenses reported by thecertified candidate;

(3) the amount of any prepaid generalelection expenses reported by anonparticipating candidate who

33



forms a joined campaign subject tothis chapter under AS 15.14.160;and

(4) the amount of any expendituresusing private contributions madeby a nonparticipating candidateduring the general election cam-paign period and prior to the for-mation of a joined campaign underAS 15.14.160.

(d) The administrator shall distribute anymatching funds under AS 15.14.100 within twobusiness days after the earlier of

(1) the receipt of a spending limitreport by the commission underAS 15.14.095 showing that a non-participating opposing candidatehas exceeded expenditure limitsunder AS 15.14.070; or

(2) a determination by the commissionof excess spending on behalf ofor by a nonparticipating opposingcandidate.

Sec. 15.14.095. Spending limit reports. (a) Ifa nonparticipating candidate in a primary or gen-eral election campaign in which there is at leastone participating candidate makes an expendi-ture or incurs an obligation that causes the non-participating candidate’s total expenses toexceed 90 percent of the applicable expenditurelimit for a participating candidate under AS15.14.070, the nonparticipating candidate shall,in addition to the reports required under AS15.13.040 and AS 15.13.110, within two daysafter exceeding that amount, begin filing spend-ing limit reports with the commission.

(b) If a nonparticipating candidate who isconducting a write-in campaign is runningagainst a certified candidate who does not havean opponent on the general election ballot andthe nonparticipating candidate makes an expen-diture or incurs an obligation that causes the non-participating candidate’s total expenses toexceed 20 percent of the expenditure limit for theoffice under AS 15.14.070(c), the nonparticipat-ing candidate shall, in addition to the reportsrequired under AS 15.13.040 and AS 15.13.110,

within two days after exceeding that amount,begin filing spending limit reports with the com-mission.

(c) If the administrator determines under AS15.14.097 that a nonparticipating candidate hasincurred expenses that exceed 90 percent of theapplicable expenditure limit for a participatingcandidate under AS 15.14.070, after notice, thenonparticipating candidate shall, in addition tothe reports required under AS 15.13.040 and AS15.13.110, begin filing spending limit reports withthe commission.

(d) A nonparticipating candidate under (a),(b), or (c) of this section shall file a spending limitreport on the Monday of each succeeding weekuntil 14 days before the election and beginning14 days before the election, every two businessdays until the day of the election.

(e) A spending limit report under this sectionmust include a statement of the total dollaramount of all expenses incurred through the daybefore the date of the report.

(f) Spending limit reports shall be filed elec-tronically with the commission.

Sec. 15.14.097. Determination of excess

expenditures by the administrator. The admin-istrator may, after notice to a nonparticipatingcandidate and an opportunity for a hearing, makea determination that the nonparticipating candi-date has incurred excess expenses based on

(1) a nonparticipating candidate’sreport of expenditures;

(2) a determination regarding inde-pendent expenditures under AS15.14.110; or

(3) the administrator’s own investiga-tion.

Sec. 15.14.100. Matching funds. (a) If a non-participating candidate files a spending limitreport under AS 15.14.095(a) or if the adminis-trator determines under AS 15.14.097 that a non-participating candidate has incurred expensesthat exceed the expenditure limits for participat-ing candidates set out under AS 15.14.070(b) or(c), the administrator shall, within two businessdays, distribute to each certified candidate in that

34



election contest an amount equal to the amountof the nonparticipating candidate's excessexpenses. The expenditure limits set out in AS15.14.070(b) or (c) for each certified candidate inthat election contest shall be increased by theamount distributed to each candidate.

(b) The amounts distributed under (a) of thissection shall be limited as follows:

(1) the total amount of funds distrib-uted to a certified candidate duringthe primary election campaign,including matching funds distrib-uted under this section, may notexceed three times the primaryelection expenditure limits underAS 15.14.070(b);

(2) the total amount of funds distrib-uted to a certified candidate duringthe general election campaign peri-od, including matching funds dis-tributed under this section, may notexceed three times the generalelection expenditure limits underAS 15.14.070(c); and

(3) in an election contest with morethan one nonparticipating candi-date, each certified candidate shallreceive matching funds under thissection only up to the amount ofthe excess expenses made by thenonparticipating candidate havingthe highest excess expenses.

(c) On receipt of a spending limit report from anonparticipating candidate under AS 15.14.095(b),the administrator shall disburse to each certifiedcandidate 75 percent of the amount setout in AS15.14.080(a)(2).

(d) An expenditure limit that is increasedunder this section is only increased for the cur-rent election cycle.

Sec. 15.14.110. Independent expenditures.

(a) Any person or group that makes an independ-ent expenditure under AS 15.13.135 exceeding$500 during an election cycle involving a partici-pating candidate shall report the expenditure tothe commission as provided in (b) of this section.The report shall be filed in addition to any reports

required under AS 15.13.040 and AS 15.13.110.The report must include a signed statement fromthe person or group making the independentexpenditure identifying the candidate or candi-dates that the independent expenditure is intend-ed to help elect or defeat, if any, and affirmingthat the expenditure is totally independent anddoes not involve cooperation or coordination witha candidate or political party.

(b) If an independent expenditure is made 45days or more before a primary or general elec-tion, the report required under (a) of this sectionmust be filed within seven days. If the expendi-ture is made less than 45 days before a primaryor general election, the report must be filed with-in two days.

(c) A certified candidate may file a complaintwith the commission that

(1) an independent expenditure hasnot been reported;

(2) the amount of an independentexpenditure has been underreport-ed; or

(3) the report under (a) of this sectiondoes not correctly identify the can-didate the expenditure is intendedto help elect or defeat.

(d) A complaint under (c) of this section mustinclude a statement of facts supporting the com-plaint, the name of the candidate the com-plainant believes the expenditure is intended tohelp elect or defeat, and, if available to the com-plainant, a copy of the communication alleged tohave been funded by the independent expendi-ture. The administrator shall give the person orgroup making the expenditure an opportunity tobe heard. Within seven days after the filing of thecomplaint, the administrator shall decide whetherthe subject of the complaint is an independentexpenditure under this section and, if necessary,whom the expenditure is intended to help elect ordefeat. A decision of the administrator under thissubsection is valid only for the purpose of deter-mining the appropriate treatment of the expendi-ture under (e) of this section.

(e) If an independent expenditure is reportedunder (a) of this section or an expenditure isdetermined to be an independent expenditure

35



under (d) of this section, the administrator, indetermining whether a participating candidate isentitled to matching funds under AS 15.14.100,shall

(1) treat an independent expenditureagainst a participating candidateas the expenditure of the highestspending nonparticipating candi-date in that election contest;

(2) treat an independent expendituremade in support of a nonpartici-pating candidate as if it were theexpenditure of that candidate;

(3) in an election contest with morethan one participating candidate,treat an independent expendituremade in support of a participatingcandidate as if it were an excessexpenditure of a nonparticipatingopposing candidate of any otherparticipating candidate in that elec-tion contest;

(4) in an election contest with morethan one participating candidate,treat an independent expenditureagainst a participating candidateas if it were an excess expenditureof a nonparticipating opposingcandidate of the participating can-didate.

Sec. 15.14.120. Permitted use of funds. (a) Aparticipating candidate may use contributionsand clean election funds received under thischapter only for the purposes set out in AS15.13.112.

(b) If the commission determines that a par-ticipating candidate used clean election funds inviolation of AS 15.13.112, the commission shallnotify the participating candidate, and the candi-date shall, after notice and opportunity for hear-ing, reimburse the clean elections fund theamount determined by the commission.

Sec. 15.14.130. Contributions by political par-

ties. A participating candidate may accept con-tributions from the candidate’s political party dur-ing the primary and general election campaign

periods if the total amount of contributionsreceived by the candidate does not exceed 10percent of the clean elections fund disbursementfor the office the participating candidate seeksunder AS 15.14.080(a)(1) for the primary electionor AS 15.14.080(a)(2) for the general election.

Sec. 15.14.140. Repayment of unused funds.

(a) Within 14 days after the director’s certificationof the results of the primary election, a participat-ing candidate who is not successful in the pri-mary election shall return to the commission allclean election funds that were not spent or obli-gated to be spent during the primary electioncampaign period.

(b) Within 14 days after the certification ofthe results of the general election, a participatingcandidate shall return to the commission all cleanelection funds that were not spent or obligated tobe spent during the general election campaignperiod.

Sec. 15.14.150. Candidates by petition. (a) Acandidate who is seeking to be nominated by peti-tion under AS 15.25.140 - 15.25.200 may becomea participating certified candidate by complyingwith the requirements of AS 15.14.020 - 15.14.060.The administrator may not certify a candidateunder this subsection until the director of electionshas verified that the candidate has qualified for thegeneral election ballot. A candidate nominated bypetition is eligible only for funding under AS15.14.080(a)(2).

(b) A certified candidate who has been nom-inated by petition may solicit and accept privatecontributions for the general election if the totalamount of the contributions received by the can-didate does not exceed 10 percent of the cleanelections fund disbursement for the office thecandidate seeks under AS 15.14.080(a)(2).

Sec. 15.14.160. Governor and lieutenant gov-

ernor joined campaigns. (a) If a political partynominates candidates for governor and lieu-tenant governor who were both participating can-didates during the primary election campaignperiod, the candidates shall form a joined cam-paign for the general election. The joined cam-

36



paign is a “participating candidate” under thischapter and is eligible to receive general electionfunding under AS 15.14.080(a)(2).

(b) If a political party nominates candidatesfor governor and lieutenant governor and onlyone of the candidates was a certified candidateunder this chapter during the primary electioncampaign period, the candidates may form ajoined campaign that is eligible to receive gener-al election funding under AS 15.14.080(a)(2) ifthe nonparticipating candidate complies with therequirements of (d) of this section. The candi-dates shall notify the commission that they haveformed a joined campaign no later than one dayafter the certification of the primary election.

(c) If a nonparticipating candidate declinesto form a joined campaign with a participatingcandidate subject to this chapter, the candidatesshall maintain separate campaign accounts andmay not coordinate campaign expenditures. Theparticipating candidate is eligible to receive theamount authorized for a joined campaign underAS 15.14.080(a)(2). An expenditure by the non-participating candidate during the general elec-tion campaign period and the prepaid generalelection expenses of the nonparticipating candi-date shall be treated as an expenditure of theparticipating candidate under AS 15.14.110.

(d) If the nonparticipating candidate forms ajoined campaign with the participating candi-date subject to this chapter, the nonparticipatingcandidate shall report to the commission all pre-paid general election expenses and all expendi-tures using private contributions made duringthe general election campaign period before theformation of the joined campaign. The nonpar-ticipating candidate shall also, within five daysof the formation of the joined campaign, dis-burse all remaining unspent or unobligated pri-vate contributions in accordance with AS15.13.116.

(e) If a political party nominates candidatesfor governor and lieutenant governor and neithercandidate was a participating candidate duringthe primary election period, a joined campaignformed by the two nonparticipating candidates isnot eligible for funding under this chapter.

Sec. 15.14.170. Write-in candidates. (a) Acandidate who is conducting a write-in campaignis not eligible for clean election funds and shallbe treated as a nonparticipating candidate underthis chapter.

(b) If a candidate who is conducting a write-in campaign is running against a certified candi-date who has an opponent on the general ballot,the write-in candidate shall comply with thereporting requirements of AS 15.14.095.

Sec. 15.14.180. Withdrawal by participating

candidate. (a) A candidate may withdraw fromparticipation as a clean elections candidate atany time within 10 days after the end of the qual-ifying period under AS 15.14.035 by delivering tothe commission a notice of the candidate’s intentto withdraw. The candidate may not accept anyprivate contributions until three days after thenotice of the candidate’s intent to withdraw isreceived by the commission. A candidate whohas submitted a notice of the candidate’s intentto withdraw may not receive any further cleanelections funds.

(b) A participating candidate who withdrawsbefore submitting qualifying contributions to thecommission shall use the candidate’s best effortsto return all qualifying contributions the candidatehas collected to the contributors within 30 daysafter the candidate’s withdrawal. If a contributorcannot be located, the qualifying contributionscollected by the candidate shall be remitted to thefund. Any qualifying contributions already sub-mitted by a participating candidate who with-draws shall remain in the fund.

(c) A certified candidate who has alreadyreceived clean elections funds before filing anotice of intent to withdraw shall immediatelystop spending these funds on submission of thenotice. The candidate shall return all unspentclean elections funds to the commission withinfive days after submitting the notice of the candi-date's intent to withdraw. The candidate shallrepay to the commission all clean elections fundsreceived and spent by the candidate within 30days after submitting the notice of the candi-date’s intent to withdraw. A candidate who hasnot repaid all clean election funds within 30 days

37



after withdrawing may not spend any private con-tributions for any purpose until the clean electionfunds have been repaid.

(d) The commission shall adopt regulationsgoverning the form of a notice of an intent towithdraw.

Sec. 15.14.190. Insufficient funding. If, duringthe election year, the commission determinesthat there is not enough money appropriated tofully fund all participating candidates, the com-mission shall issue a declaration of insufficientfunding. The commission shall distribute avail-able funds to certified candidates on a proratedbasis and authorize participating candidates tosolicit and accept private contributions permittedunder AS 15.13. If the commission issues a dec-laration of insufficient funding, a participatingcandidate may not accept more in private contri-butions than is authorized under the candidate'sspending limit under this chapter.

Sec. 15.14.200. Civil penalties. (a) Except asprovided in (b) of this section, a person who vio-lates a provision of this chapter or a regulationadopted under this chapter is subject to a civilpenalty not to exceed $5,000. The legislaturemay appropriate money received to the cleanelections fund.

(b) In addition to any other penalty imposedby law, a certified candidate who exceeds theexpenditure limits established under this chaptershall pay as a civil penalty to the fund andamount equal to

(1) the amount by which the certifiedcandidate exceeded the limit if thelimit is exceeded by more than onepercent but less than three per-cent;

(2) three times the amount by whichthe certified candidate exceededthe limit if the limit is exceeded bymore than three percent but lessthan five percent; or

(3) five times the amount by which thecertified candidate exceeded thelimit if the limit is exceeded bymore than five percent.

(c) In addition to any other penalty imposedby law, if a nonparticipating candidate fails to filea timely and accurate report under AS 15.14.100and the failure to do so results in the late pay-ment or nonpayment of matching funds, the non-participating candidate shall pay as a civil penal-ty an amount equal to

(1) the amount of matching funds notpaid or paid late to a single certi-fied candidate running for thesame office, if the amount of thematching funds is $2,000 or less;

(2) three times the amount of match-ing funds not paid or paid late to asingle certified candidate runningfor the same office, if the amountof the matching funds is more than$2,000 but less than $5,000;

(3) five times the amount of matchingfunds not paid or paid late to a sin-gle certified candidate running forthe same office, if the amount ofthe matching funds is $5,000 ormore but less that $10,000; or

(4) 10 times the amount of matchingfunds not paid or paid late to a sin-gle certified candidate running forthe same office, if the amount ofthe matching funds is $10,000 ormore.

(d) In addition to any other penalty imposedby law, a person or group who makes an inde-pendent expenditure under AS 15.14.110(a) anddoes not file a timely and accurate report underAS 15.14.110 resulting in the late payment ornonpayment of matching funds to a certified can-didate, the person or group making the independ-ent expenditure shall pay as a civil penalty anamount equal to

(1) the amount of matching funds notpaid or paid late to a single certi-fied candidate, if the amount of thematching funds is $2,000 or less;

(2) three times the amount of matchingfunds not paid or paid late to a singlecertified candidate, if the amount ofthe matching funds is more than$2,000 but less than $5,000;

38



(3) five times the amount of matchingfunds not paid or paid late to a sin-gle certified candidate, if theamount of the matching funds is$5,000 or more but less than$10,000; or

(4) 10 times the amount of matchingfunds not paid or paid late to a sin-gle certified candidate, if theamount of the matching funds is$10,000 or more.

(e) In addition to a fine, the commission mayrequire a certified candidate found to be in viola-tion of this chapter or a regulation adopted underthis chapter to repay to the fund all or part of theclean elections funds distributed to the candi-date.

Sec. 15.14.210. Administrative procedure and

appeals. (a) A candidate who has been deniedcertification under AS 15.14.060, the opponent ofa candidate who has been granted certificationunder AS 15.14.060, or a registered voter resid-ing in the electoral district of a certified candidatemay challenge a certification decision under thischapter.

(b) A certification decision may be appealedto the full commission within seven days afterthe certification decision. The appeal must be inwriting and must set out the reasons for theappeal.

(c) Within five days after an appeal is proper-ly made and notice is given to the appellant andany candidate in the electoral district, the com-mission shall hold a hearing. The appellant hasthe burden of demonstrating that the administra-tor's decision was improper. The commissionshall rule on the appeal within three days afterthe completion of the hearing.

(d) A candidate whose certification isrevoked on appeal shall return any unspent distri-butions from the fund.

(e) A decision of the administrator to dis-burse matching funds under AS 15.14.100 maybe appealed to the commission by a candidate inthe affected election contest who is opposed tothe distribution or by a person or group makingthe independent expenditure that results in a dis-

tribution of matching funds under AS 15.14.110.A decision by the administrator to disbursematching funds shall be implemented, notwith-standing the filing of an appeal, unless the com-mission issues a stay of the administrator's deci-sion.

(f) Any other decision of the administratormay be appealed to the commission. The com-mission shall adopt regulations establishingappeal procedures.

(g) A person or group who believes that aviolation of this chapter or a regulation adoptedunder this chapter has occurred or is occurringmay file an administrative complaint with the com-mission within one year after the date of thealleged violation. The commission may consider acomplaint on an expedited basis or a regular basis.The complaint shall be considered in accordancewith the procedures set out at AS 15.13.380(b)-(h).

(h) A decision of the commission under (c) ofthis section may be appealed to the superiorcourt. The appellant may request that the appealbe heard on an expedited basis.

Sec. 15.14.220. Adjustment for inflation.

Beginning in January 2011 and every four yearsthereafter, the commission shall modify the dollarvalues specified in AS 15.14.040, 15.14.070, and15.14.080 to account for inflation. The commis-sion shall adopt by regulation a method to deter-mine the amount of the adjustment.

Sec. 15.14.230. Regulations. The administra-tor shall adopt regulations to ensure effectiveadministration of this chapter. The regulationsmust include procedures for obtaining qualifyingcontributions, certification of candidates,recounts, withdrawal or replacement of candi-dates, disbursement of clean elections funds,reporting of prepaid general election expenses,return of unspent fund disbursements, process-ing complaints alleging violations of this chapter,recordkeeping, and compliance with this chapter.

Sec. 15.14.240. Report to the legislature. ByJanuary 30, 2010, and every four years after thatdate, the commission shall submit a report to thelegislature documenting, evaluating, and making

39



recommendations relating to the administration,implementation, and enforcement of this chapterand the clean election fund established in AS15.14.510.

Sec. 15.14.400. Definitions. In this chapter,(1) “administrator” means the person

appointed by the commissionunder AS 15.13.030(11);

(2) “clean elections” means the option-al system of contribution andexpenditure limits and public cam-paign financing established underthis chapter;

(3) “commission” means the AlaskaPublic Offices Commission;

(4) “contribution” has the meaninggiven in AS 15.13.400;

(5) “election cycle,” as applied to acandidate for state office, is theperiod beginning on the 31st dayfollowing a general election for thatoffice and ending on the 30th dayfollowing the next general electionfor that office;

(6) “election year” means the calendaryear during which a state generalelection for a particular office is held;

(7) “expenditure” has the meaninggiven in AS 15.13.400;

(8) “fund” means the clean electionsfund established in AS 15.14.010;

(9) ”general election campaign period”means the period beginning theday following the primary electionand ending on the day of the gen-eral election;

(10) “independent expenditure” has themeaning given in AS 15.13.400;

(11) “nonparticipating candidate” meansa candidate, as that term is definedin AS 15.13.400, who has not beencertified under AS 15.14.060;

(12) “obligated expenditure” means anexpenditure that a candidate islegally obligated to make or hasotherwise agreed to make, but hasnot yet made;

(13) “participating candidate” means acandidate, as that term is defined inAS 15.13.400, who has agreed toparticipate in the clean electionsprogram, who has submitted andnot withdrawn a declaration ofintent, and who has not been deniedcertification by the commission;

(14) “prepaid general election expenses”means payments made by a candi-date before the end of the primaryelection campaign period for goodsor services that will be delivered orprovided during the general electioncampaign period and includes(A) rental payments;(B) radio, television, newspaper,

and other forms of advertising;(C) wages, salaries, and person-

nel costs;(D) consulting services;(E) other payments defined by the

commission by regulation;(15) “primary election campaign period”

means the period beginning theday following the qualifying periodand ending the day of the primaryelection;

(16) “qualifying contribution” means anallowable contribution under AS15.14.050 to a participating candi-date that is made after the candi-date submits a declaration of intentand before the end of the qualify-ing period;

(17) “qualifying period” means the peri-od during which a candidate maycollect qualifying contributions forthe purpose of becoming a certi-fied candidate; for a candidate forstatewide office, the period beginson August 1 of the year precedinga year in which a general electionis held and ends on June 1 of thegeneral election year; for a candi-date for the legislature, the periodbegins on October 1 of the yearpreceding a year in which a gener-

40



al election is held and ends onJune 1 of the general election year;

(18) “seed money contribution” meansa contribution of not more than$100 from each individual made toa candidate, including a contribu-tion from the candidate or the can-didate’s relative;

(19) “statewide office” means the officeof the governor or lieutenant gover-nor.

*Sec.8. AS 15.56.012(a) is amended to read:(a) Except as provided in AS 15.56.014 and15.56.016, a person commits the crime of cam-paign misconduct in the first degree if the personknowingly engages in conduct that violates a pro-vision of AS 15.13 or AS 15.14, or a regulationadopted under authority of AS 15.13 AS 15.14.

*Sec. 9. The uncodified law of the State of Alaskais amended by adding a new section to read:APPLICABILITY. This Act applies

(1) immediately to the election cycles,as that term is defined by AS15.14.400, enacted by sec. 7 of thisAct, for the offices of state senatorand state representative; and

(2) after December 31, 2010, for theelection cycle, as that term isdefined by AS 15.14.400, enactedby sec. 7 of this Act, for the officesof governor and lieutenant governor.

41




THE ALASKA CLEAN ELECTIONS ACT enablesAlaskans to take back control of our governmentfrom big money and special interests. Ongoing FBIinvestigations and the VECO scandal indicate aserious need to return accountability to our govern-ment. Political corruption has cost Alaskans billionsin lost revenues, and even more in lost opportuni-ties. Clean Elections effectively removes big moneyand special interests from Alaska politics and allowscritical issues to get the attention they deserve.

Vote Yes on Measure 3!

WHAT CLEAN ELECTIONS DOES:

Clean Elections levels the political playing

field by providing a qualifying candidate enoughcampaign money to run a competitive race.Spending limits are strictly enforced to keep cam-paigns honest.

Clean Elections empowers Alaskans to hold

elected leaders more accountable becauseClean Election candidates receive only small $5contributions from voters in their district. Onceelected, Clean Election legislators are notbeholden to any special interest. They are free tomake decisions that benefit ALL ALASKANS.

Clean Elections allows candidates to focuson voters and ideas, instead of lobbyists and

big money. Clean Elections frees elected lead-ers from a flawed system that values people withmoney over regular voters.

Clean Elections eliminates the incentive to

give away billions of dollars in tax breaks andpolitical paybacks. Clean Elections will cost theState less than $9/person per year. Money savedcan go toward critical needs such as schools,affordable energy, roads and our future.

Clean Elections has proven successful inseven other states. 4 out of 5 voters supportthe Clean Elections systems in Arizona andMaine. In 2004 more than 80% of legislative can-didates in Maine and 56% of candidates inArizona ran using Clean Election funds.

HOW CLEAN ELECTIONS WORKS:

Clean Elections is completely voluntary.Candidates must show a broad base of supportby collecting a specified number of signatureswith $5 contributions from voters in their district.When they pledge to uphold strict fundraising lim-its, they qualify for enough money to run a viablecampaign. Clean Election candidates also mayreceive matching funds if outspent by an oppo-nent funded with private contributions

ALASKANS MUST DECIDE:

As long as politicians must raise huge sums ofprivate money to get elected, corruption will con-tinue. Politicians inevitably serve those whofinance their campaigns. If we fund elections,they will serve us; if we don't, many will continueto serve special interests. Clean Elections is aproven solution that will better serve all Alaskansfor generations. Visit www.alaskansforcleanelec-tions.org for more information. The following encourage your YES vote:

Constitutional father Vic Fischer

Constitutional father George Rogers

Former Governor Walter Hickel

Former Governor Tony Knowles

Former Lt. Governor Lowell Thomas, Jr.

Former State Senator Arliss Sturgulewski

Juneau Mayor and former AG Bruce Botelho

Fairbanks Borough Mayor Jim Whitaker

Former Attorney General John Havelock

AARP

Alaska Women’s Political Caucus

Anchorage Municipal Assembly

City & Borough of SitkaCity & Borough of Homer

City of Wrangell

Bristol Bay BoroughHaines Borough Lake & Peninsula Borough

Tim JuneChair, Alaskans for Clean Elections

42




Alaskans should Vote NO on Measure 3.Taxpayer-funded political campaigns will not

reduce corruption in Alaska. They will not reducethe influence of special interest groups. They willnot make legislators more accountable to voters.They will not produce a single positive change inAlaskan politics or elections.

What they will do is vastly increase the cost ofpolitical campaigns—and cost taxpayers millionsof additional dollars per year.

High-powered special interest groups actuallycan increase their aid to candidates under sys-tems of taxpayer-funded campaigns, becausethey can provide significant assistance in gather-ing small donations required to qualify for taxpay-er funds. Honest, well-intentioned, individual cit-izens are no match for such a well-oiled, well-organized special interest effort.

This measure is nothing more than an incumbentprotection act.

Taxpayer-funded political campaigns will reducepolitical speech and make it harder for chal-lengers to defeat incumbents. Candidates relyon campaign spending to promote their ideas,experience, and priorities. Challengers—whodon’t have the benefit of a public forum to speakfrom—typically need to spend more money toeffectively communicate their message. Butbecause taxpayer-funded candidates must agreeto limit their spending, incumbents who arealready known have an unfair advantage fewchallengers can overcome.

The fact is experts have consistently found thatcampaign contributions do not affect legislativevotes. The recent VECO scandal clearly demon-strates this—the oil services company wasforced to directly bribe legislators to get the votethey desired because campaign contributionsfailed to have any impact.

In Arizona the experience has been that legisla-tors who relied on voluntary contributions forpolitical campaigns voted no differently than leg-islators who took taxpayer dollars. In fact, legis-lators who must rely upon voluntary contributionsare far more likely to vote as their constituentswant in order to avoid retribution at the polls.

Nor will giving taxpayer dollars to politiciansreduce the influence of special interest groups.Lobbyists and representatives from powerfulunions, big business, and well-financed tradeassociations will continue to buttonhole legislatorsas they have before. But if Measure 3 is enacted,individual citizens—prevented from supporting

the candidates of their choice—have less

direct influence than ever.

On top of all this, providing taxpayer funds to politi-cians actually limits the types of candidates whoget elected to the legislature. Recent researchfound that the number of legislators from businessand law, the traditional backgrounds for legislators,did not change once taxpayers were forced to pickup the bill for political campaigns in Arizona andMaine. The number of new candidates from otherprofessions did not increase at all. The number

of women actually declined in both states.

Finally, think of the worst wacko you would neverwant in public office. Your tax dollars will help thiswacko try to get elected.

Letting government divvy out tax dollars to thecandidates it selects will deepen the problem, notprovide a solution. Vote NO on Measure 3 - pro-tect your right to choose. Incumbent politiciansdon’t need protection - citizens and taxpayers do.Vote NO.

Dick Randolph, ChairCommittee to Stop Corruption

Kenneth Jacobus

43

Ballot Measure 4Bill Providing For Regulation Of Water Quality


BALLOT LANGUAGE

This bill imposes two water quality standards onnew large scale metallic mineral mining operationsin Alaska. The first standard does not allow sucha mining operation to release into water a toxic pol-lutant that will adversely affect human health or thelife cycle of salmon. The second standard doesnot allow such a mining operation to store miningwastes and tailings that could release sulfuric acid,other acids, dissolved metals or other toxic pollu-tants that could adversely affect water that is usedby humans or by salmon. The bill defines a largescale metallic mineral mining operation to mean ametallic mineral mining operation that is in excessof 640 acres in size. The bill defines toxic pollu-tants to include substances that will cause deathand disease in humans and fish, and includes a listof substances identified as toxic pollutants underfederal law.


Yes

No


The Act prohibits the state from issuing permitsfor some mining projects. The Act applies only tomines larger than 640 acres. The Act applies onlyto mines that have not yet received permits.Permits may not be provided for mines that releasepollutants into the water that affect humans orsalmon. Permits may not be provided for minesthat store or dispose of waste material that couldrelease pollutants into water used by humans orsalmon.

STATEMENT OF COSTS

As required by AS 15.45.090(a)(4), the AlaskaDepartment of Natural Resources has preparedthe following statement of costs to the State ofimplementing the law proposed in Initiative07WTR3.

This initiative appears to propose language thatdoes not differ significantly from existing waterquality standards. Therefore, the department doesnot foresee any significant impact on the depart-ment or on activities on state-owned land. As aresult, there will not be significant fiscal impact-either revenues or costs-as a result of this initiative.

FULL TEXT OF THE PROPOSED LAW

“An Act to protect Alaska’s clean water.”


STATE OF ALASKA:

Section 1. Purpose. The purpose of this Act isto protect the statewide public interest in waterquality by limiting the discharge or release ofcertain toxic pollutants on the land and waters ofthe state, and by establishing management stan-dards and other regulatory prescriptions toensure that Alaska’s waterways, streams, riversand lakes, an important public asset, are notadversely impacted by new large scale metallicmineral mining operations and that suchprospective operations are appropriately regulat-ed to assure no adverse effects on the state'sclean waters.

Section 2. Regulatory standards affect-

ing streams and waters.

(a) Notwithstanding any other provision oflaw, approvals, authorizations, licenses and per-mits for a prospective large scale metallic opera-tion may not be granted or issued to a person orentity to allow activity that directly or indirectly:

(1) releases or discharges a toxic pol-lutant or pollutants, in a measura-ble amount that will effect humanhealth or welfare or any stage ofthe life cycle of salmon, into, anysurface or subsurface water, ortributary there to; or that

(2) stores or disposes of metallic min-eral mining wastes, including over-burden, waste rock, and tailings ina way that could result in the

44



release or discharge of sulfuricacid, other acids, dissolved metals,toxic pollutants or other com-pounds thereof that will effect,directly or indirectly, surface orsubsurface water or tributariesthereto used for human consump-tion or salmon spawning, rearing,migration or propagation;

(b) This measure is intended to regulate theoperations described herein to prevent therelease or discharge of toxic pollutants and otherchemicals into the waters of the state. Thismeasure shall not result in the appropriation oflands or waters of the state in any fashion asso-ciated with new large scale mining operations.Use of the surface and subsurface waters andthe land of the state for a prospective large scalemetallic mining operation is not prohibited but issubject to regulation to ensure protection ofhuman health, and welfare and conservation ofother state resources which also rely on thewaters and land of the state.

Section 3. Scope. Section 2 of this Act doesnot apply to existing large scale metallic mineralmining operations that have received all requiredfederal, state, and local permits, authorizations,licenses, and approvals on or before the effectivedate of this Act or to future operations of existingfacilities at those sites.

Section 4. Savings Clause. It is the intentionof the people of Alaska that each of the provi-sions of this Act or any portion thereof shall beindependent of each of the others, so that theinvalidity of any provision or portion thereof shallnot affect the validity of the remaining provisionsor portions thereof, and that all valid provisionsand portions thereof shall be effective irrespec-tive of the invalidity of any other provision or por-tion thereof. Upon enactment, the state shalltake all actions necessary to ensure the maxi-mum enforceability of this act.

Section 5. Definitions.

(a) “large scale metallic mineral mining oper-ation” means a mining operation that extracts

metallic minerals or deposits and utilizes or dis-turbs in excess of 640 acres of lands or waters,either alone or in combination with adjoining,related or concurrent mining activities or opera-tions. This term includes all components of amining project, including but not limited to:

(1) mining, processing, the treatmentof ore in preparation for extractionof minerals, and waste or overbur-den storage or disposal;

(2) any construction or operation offacilities, roads, transmission lines,pipelines, separation facilities, andother support and ancillary facili-ties;

(3) any mining or treatment plant orequipment connected with theproject, underground or on the sur-face, that contributes or may con-tribute to the extraction or treat-ment of metallic minerals or othermineral product; and

(4) any site of tunneling, shaft-sinking,quarrying, or excavation of rock forother purposes, including the con-struction of water or roadway tun-nels, drains or underground sitesfor the housing of industrial plantsor other facilities.

(b) “toxic pollutants” means those sub-stances or substance combinations, includingdisease-causing agents, which after dischargeand upon exposure, ingestion, inhalation, orassimilation into a human, fish or wildlife organ-ism, either directly from the environment or indi-rectly by ingestion through food chains, will, onthe basis of information available, cause death,disease, malignancy, behavioral abnormalities,abnormalities, or malfunctions in growth, devel-opment, behavior, or reproduction, cancer, genet-ic mutations, physiological malfunctions or phys-ical or physiological abnormalities or deforma-tions in such organisms or their offspring; “toxicpollutants” includes the following substances,and any other substance identified as a toxic pol-lutant under 33 U.S.C. 1317(a):

2-chlorophenol; 2,4-dichloraphenol; 2,4-dimethylphenol; acenaphthene; acrolein;

45



acrylonitrile; Aldrin/Dieldrin; ammonia; antimo-ny; arsenic; asbestos; benzene; benzidine;beryllium; cadmium; carbon tetrachloride;Chlordane; chlorinated benzenes; chlorinatednaphthalene; chlorinated ethanes; chlorine;chloroalkyl ethers; chloroform; chlorophenols;chlorophenoxy herbicides; chromium; copper;cyanide; DDT; Demeton; dichlorobenzenes;dichlorobenzidine; dichloroethylenes; dichloro-propane; dichloropropene; dinitrotoluene;diphenlyhydrazine; Endosulfan; Endrin; ethyl-benzene; fluoranthene; Guthion; haloethers;halomethanes; Heptachlor; hexachlorobutadi-ene; hexachlorocyclohexane; hexachlorocy-clopentadiene; isphorone; lead; Lindane;Malathion; mercury; methoxychlor; Mirex;naphthalene; nickel; nitrobenzene; nitrophe-nols; nitrosamines; p-dioxin; Parathion; PCBs;pentachlorophenol; phenol; phthalate esters;polynuclear aromatic hydrocarbons; selenium;silver; sulfuric acid; tetrachloroethylene; thalli-um; toluene; Toxaphene; trichloroethylene;vinyl chloride; and zinc;”

46




Alaskans should enthusiastically vote YES onBallot Measure #4, “An Act protecting Alaska'sclean water”. Ballot Measure #4 would protectBristol Bay's commercial, sport and subsistencefisheries from being harmed by a toxic chemicalspill at the proposed Pebble Mine.

Every sulfide mine on earth has had toxic dis-charge. Just one toxic discharge in Bristol Baywould risk more than Alaskans will ever receivefrom an international mining company that takesthe gold, leaves, and only pays 0.1% in taxes toAlaska.

80% of the remaining wild salmon consumed inNorth America now comes from Alaska, andBristol Bay is the largest salmon fishery left onearth.

The mining industry says that Pebble wouldnever be developed if salmon are harmed. Buttheir own PR people acknowledge that at least20% of the Bristol Bay drainage would, in fact,suffer environmental impact.

1. Vote YES on Ballot Measure #4 to protectAlaska's largest employer - the $250-mil-lion-a-year commercial fishing industry. AYES vote on #4 is a vote for 8,000 Alaskajobs that are there year after year...

2. Vote YES on Ballot Measure #4 to protectAlaska's pristine image and wild salmon.One mining accident would cause cata-strophic harm to Alaska's largest salmonrun and world class rainbow trout fishing. AYES vote on #4 only stops toxic chemicalreleases that would harm our fish.

3. Vote YES on Ballot Measure #4 to protect thepeople of Bristol Bay who have subsisted offthe fish and wildlife of this region for over10,000 years. The people of Bristol Bayoverwhelmingly support Ballot Measure #4.

4. Vote YES on Ballot Measure #4 because nosulfide mine like Pebble - on the planetearth - has ever been developed withoutcontaminating the streams around it. Andno sulfide mine has ever been proposed ina location like Bristol Bay, where it would puta large, existing resource industry at risk.

5. Vote YES on Ballot Measure #4 becausewild salmon are disappearing elsewhere. Ifregulations are as strict as the miningindustry claims, why has salmon fishing onthe entire West Coast been shut down? Itis because their salmon are disappearing.

6. Vote YES on Ballot Measure #4 because

the international mining companies have

lied to Alaskans:

• No existing mine will be shut down by BallotMeasure #4 and no mine expansion will bestopped.

• No mom-and-pop mines will be shut downby Ballot Measure #4.

• No recreational activities will be restrictedby Ballot Measure #4.

Here is the exact wording in Ballot Measure #4:“…this Act does not apply to existing large

scale metallic mineral mining operations…or

to future operations of existing facilities at

those sites.”

Ballot Measure #4 simply says that NEW, large

metallurgical mines in Alaska cannot release

toxic chemicals into salmon spawning waters

that will adversely impact those salmon. It willcost the taxpayers nothing to implement BallotMeasure #4.

Vote YES on Ballot Measure #4 to protect

clean water and wild Alaska salmon.

Alaskans for Clean WaterArthur J. HackneyPrime Sponsor of Ballot Measure #4

47




Don’t be deceived by the title of this measure.Ballot Measure 4 is a wolf in sheep’s clothing. Itis a serious threat to Alaska’s economy. Ifpassed, it could:

• result in the loss of thousands of miningand related-industry jobs across Alaska;

• undermine economic opportunity in therural areas of our state; and

• force the shutdown of existing mines andprevent new mines in the future.

Measure 4 replaces a thorough fact-based regu-latory review process with an arbitrary, untestedprocess - Vote NO.

The anti-mining initiatives ignore that the State ofAlaska has spent years developing a compre-hensive environmental policy. Alaskans agreethat protecting our environment should be a toppriority. The state and federal review processnow in place is based on science and ensuresthat no permitting decision is made until all theenvironmental studies are completed andreviewed by independent, qualified profession-als. We have strict procedures that ensure air,water, fish, and human health are protected; thisprocess is open, transparent and fair, so that theinterests of ALL Alaskans are served. Measure4 throws all of this out the window.

Measure 4 is a serious threat to Alaska's econo-my - Vote NO.

Today mining is an important contributor toAlaska’s diverse economy and provides neededjobs and opportunity, especially in rural Alaskawhere jobs are scarce. Mining directly benefitsAlaska through:

• over 5,500 direct and indirect jobs • nearly $200 million per year in state and

local tax revenue• billions of dollars in income and investment

from existing mines and future develop-ments over coming decades.

Measure 4 hurts rural and urban communities -Vote NO.

A damaged mining industry will hit hardest inrural communities where mining brings high-pay-ing jobs and revenue for some of the state’spoorest areas, not to mention the significant rip-ple effects on the overall economy and the manybusinesses in regional centers providing supportservices to mining.

Measure 4 is part of a deceptive effort by anti-mining activists to threaten the future of mining inAlaska - Vote NO.

Ballot Measure 4 is a drastic, deceptive and poor-ly worded initiative. Even as this pamphlet isbeing written, Ballot Measure 4 is mired in legalchallenges before the Alaska Supreme Courtand serious questions remain as to what the trueeffects of the measure will be. At worst, BallotMeasure 4 would cause a mining shutdownwhich would be felt in homes, businesses andcommunities across the State. In the alternative,it will generate years of expensive lawsuits,unnecessary red tape, and costly bureaucracythat will threaten a growing industry, and create acloud of uncertainty over new regulations thatwill hinder economic growth with little potentialbenefit. Alaska’s regulations already go to greatlengths to protect human health and salmon.

VOTE NO on Measure 4Please oppose this attack on mining in Alaskaand Vote No. This measure is an arbitrary, cost-ly and misguided way to make policies that affectthe livelihoods of thousands of Alaskans.

Marie Greene, President of NANA RegionalCorporationKotzebue, Alaska

Jim Whitaker, MayorFairbanks, Alaska

Cynthia Toohey, Chair of Alaskans Against theMining ShutdownAnchorage, Alaska

NON-PROFIT

ORGANIZATION

US POSTAGE PAID

ALASKA

DIVISION OF ELECTIONS

State of AlaskaDivision of ElectionsP.O. Box 110017Juneau, Alaska 99811-0017

TO LOCATE YOUR POLLING PLACE CALL: 1-888-383-8683

In Anchorage (907) 269-8683

Region I Elections Office

(House Districts 1-5, 33-36)

P.O. Box 110018

Juneau, Alaska 99811-0018

Phone: (907) 465-3021

Region III Elections Office

(House Districts 6-12)

675 7th Avenue, Suite H-3

Fairbanks, Alaska 99701-4594

Phone: (907) 451-2835

Region IV Elections Office


P.O. Box 577

Nome, Alaska 99762-0577

Phone: (907) 443-5285

Region II Elections Office


Anchorage Office

2525 Gambell Street, Suite 100

Anchorage, Alaska 99503-2838

Phone: (907) 522-8683

Matanuska-Susitna

Elections Office

1700 E. Bogard Road, Suite B102

Wasilla, Alaska 99654

Phone: (907) 373-8952

REGIONAL ELECTIONS OFFICES

Documents

It’s Your State, It’s Your Voice, It’s Your Choice! - AlaskaAudio tape recordings of the 2008 Ballot Measures Voter Guide are available from the Alaska State Library, Talking