SB 82 — An Act relating to elections and election investigations.

32-GS1645\I32-GS1645\A CS FOR SENATE BILL NO.

82(JUD)82 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE JUDICIARYRULES COMMITTEE Referred:BY REQUEST OF THE GOVERNOR Introduced:

State2/12/21 Affairs,Referred: Finance Sponsor(s):

SENATEJudiciary, RULESState COMMITTEEAffairs, BYFinance REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to elections and election investigations." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

A complaint filed under this section must be filed within 6030 days after certification of the election at which a violation of an election law or rule is alleged to have occurred or within 6030 days after the date of the violation of an election law or rule is alleged to have occurred, whichever is later.

If the complaint is incomplete, determined by the division to be frivolous, or the allegations in the SB0082BSB0082A -1- CSSBSB 82(JUD)82 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1645\I32-GS1645\A complaint, if true, do not constitute a violation, the division may request additional information or dismiss the complaint.

(c) InExcluding conducting an investigationalleged underviolation thisof section,a ifprovision theof attorneyAS general15.13 hasor reason to believe that a personregulation hasadopted informationunder relevantAS to15.13, the investigation, the attorney general may (1)investigate issuean aallegation subpoenaof requiringa theviolation personof toa provideprovision testimonyof andthis answertitle questions(1) underupon oath,receipt subject to penalty of perjury,a (A)complaint inreferred person, virtually, or by telephone, at the discretiondivision; of the attorney general;

(B)(2) atidentified theby location and date and time stated in the subpoena;director;

(C)or not(3) lessupon than seven days after service of the subpoena,attorney unlessgeneral's aown courtmotion. order allows for expedited testimony;

(2)(d) issueIn aconducting subpoenaan ducesinvestigation tecumunder requiringthis section, the personattorney togeneral producemay forissue inspection,subpoenas copying,or andsubpoena testingduces anytecum books,to records,compel documents,the orattendance electronicallyof storedwitnesses informationand withinthe 30production days,of unlessbooks, therecords, courtdocuments, ordersand another expeditedtangible response;goods.

electronicallySubpoenas storedmay informationbe issued and shall be translated,served ifin necessary,the intomanner aprescribed reasonablyby useableAS form;44.62.430 and court rule.

(3)Failure, issuerefusal, interrogatoriesor neglect to theobey person,a whichsubpoena shallis bepunishable signedas undercontempt oath,in subject to penalty of perjury, and provided to the attorneymanner generalprescribed withinby 30law daysor unless a court ordersrule. an expedited response;

(4)The obtainsuperior relevantcourt recordsmay andcompel informationobedience fromto athe stateattorney agencygeneral's uponsubpoena writtenin requestthe same manner as prescribed for obedience to thea agencysubpoena head;issued by the court.

ifThe the records or information requested by the attorney general aremay requiredalso by(1) lawadminister tooaths remainand confidential,hold thehearings statein agencyconducting shallan provideinvestigation theunder recordsthis orsection; information and designate them as confidential;

the(2) attorneyrequire generala shallwitness keepto confidentialrespond any records or information designated as confidential, except when disclosure is necessary to filewritten aninterrogatories action under thisoath; section or to comply with state or federal law or a court order.

(d)and The(3) attorneyexamine generaland shallmake servetrue acopies subpoena,of subpoenabooks, ducesrecords, tecum,documents, orand interrogatoryother issuedpapers examined under (c) of this sectionsubsection. in the manner prescribed by AS 44.62.430.

The(e) attorneySubject generalto may(f) initiateof contemptthis proceedingssection, ina record of an investigation or intelligence information of the mannerattorney prescribedgeneral byobtained ASunder 44.62.590this againstsection is not a personpublic whorecord failsunder inAS whole40.25.100 or- in40.25.295, partexcept tothat respondthe CSSBattorney 82(JUD)general -2-is SB0082Bnot Newprevented Textfrom Underlinedissuing [DELETEDa TEXTpublic BRACKETED]statement 32-GS1645\Idescribing toor warning of a subpoena,course subpoenaof ducesconduct tecum,that constitutes or interrogatorywill issuedconstitute undera (c)violation, ofwhether thison section.a local, state, regional, or national basis.

(e)(f) BeforeAt servingthe aconclusion subpoena,of subpoenaan ducesinvestigation tecum,under orthis interrogatories,section, the attorney general mayshall fileinform anthe exdivision parteof petitionthe inresult superiorof courtthe seekinginvestigation anand ordermay requiringsubmit the person to respond to the subpoena,division subpoenaa ducesreport tecum, or interrogatory sooner than permitted under (c) of thisthe section.investigation.

TheIf orderthe shallattorney begeneral issuedinvestigation bydetermines athat judge upon a showingcomplaint ofagainst probable cause that a violationstate ofagency thisor chapter,state excludingemployee ASis 15.13,meritorious, hasSB been82 committed,-2- isSB0082A beingNew committed,Text orUnderlined is[DELETED aboutTEXT toBRACKETED] be32-GS1645\A committedthe anddivision thatshall theremake isa reasonreasonable effort to believework anwith expeditedthe responseagency mayor beemployee necessaryto undertake thecorrective circumstances.action.

TheInvestigation orderor mayintelligence alsoinformation designateobtained aover deadlinethe bycourse whichof the recipientinvestigation remain confidential under (e) of athis subpoena,section subpoenaunless ducessubmitted tecum,to orthe interrogatorycourt mustas filepart anof a civil action inunder superior(g) courtof tothis quashsection or used by the subpoena.division as the basis for a course of action.

(f)(g) AIf, personafter whoan isinvestigation, servedthe withattorney ageneral subpoena,has subpoenareason ducesto tecum,believe orthat interrogatorya underperson (c)has ofengaged, thisis sectionengaging, mayor fileis anabout actionto engage in superioran courtact toor quashpractice thein subpoena,violation subpoenaof ducesa tecum,provision orof interrogatorythis nottitle, laterexcluding thanAS 1015.13, daysthe afterattorney beinggeneral served,may unlessbring ana earliercivil timeaction isfor designatedinjunctive byrelief theto courtcompel undercompliance (e)with the provisions of this section.title.

An(h) In an action brought under (g) of this subsectionsection, shall(1) beif consideredthe oncourt finds that a person has engaged, is engaging, or is about to engage in an expeditedact basis.or practice in violation of a provision of this title, excluding AS 15.13, the attorney general may, upon petition to the court, recover on behalf of the state a civil penalty of up to $25,000 for each violation;

The court may hear evidence and argument from the attorney general in an ex parte setting.

The court may quash a subpoena, subpoena duces tecum, or interrogatory only after finding the subpoena, subpoena duces tecum, or interrogatory is not reasonably calculated to aid in a good faith investigation of an alleged violation of this chapter.

(g) At the conclusion of an investigation under this section, the attorney general shall inform the division of the result of the investigation and shall submit to the division a notice of findings.

If the attorney general's investigation determines that a complaint against a state agency or state employee is meritorious, the division shall make a reasonable effort to work with the agency or employee to take corrective action.

(h) When the attorney general submits a notice of findings to the division, a record of the investigation and the notice are public records subject to the disclosure requirements and exemptions under AS 40.25.100 - 40.25.295.

Intelligence information of the attorney general is not a public record and is not subject to disclosure under AS 40.25.100 - 40.25.295.

SB0082B -3- CSSB 82(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1645\I (i) If, after an investigation, the attorney general has reason to believe that a person has engaged, is engaging, or is about to engage in an act or practice in violation of a provision of this title, excluding AS 15.13, the attorney general may bring a civil action for injunctive relief to compel compliance with the provisions of this title.

(j) In an action brought under (i) of this section, (1) if the court finds that a person has engaged, is engaging, or is about to engage in an act or practice in violation of a provision of this title, excluding AS 15.13, the attorney general may, upon petition to the court, recover on behalf of the state a fine of up to $25,000 for each violation;

(k)(i) AnThe actiondirector bymay theadopt attorneyregulations generalto underimplement (i)this ofsection, thisincluding sectionregulations againstcreating a candidateprocess orfor electeda officialperson mustto befile broughta withinwritten twocomplaint. years after the filing of the complaint under (a) of this section.

(l)(j) The directorattorney general may adopt regulations to implement this section,section. including regulations creating a process for a person to file a written complaint.

(m)(k) TheNothing attorneyin generalthis maysection adoptprevents regulationsa tocomplainant implementfrom thisfiling section.an action in court.

(n)(l) NothingIn in this sectionsection, prevents(1) "frivolous" means (A) not reasonably based on evidence or on existing law or a complainantreasonable fromextension, filingmodification, anor actionreversal inof court.existing law;

(o) In this section, (1) "frivolous" means (A) not reasonably based on evidence or on existing law or a reasonable extension, modification, or reversal of existing law;

(2) "state agency" (A) means (i) a state department, division, office, SB0082A -3- SB 82 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1645\A (ii) a state board, commission, public corporation, or office;other organizational unit of or created under the executive branch of the state government, and the University of Alaska, to the extent that these locations serve as a polling place under AS 15.15.060;

(ii) a state board, commission, public corporation, or other organizational unit of or created under the executive branch of the CSSB 82(JUD) -4- SB0082B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1645\I state government, or the University of Alaska, to the extent that the location serves as a polling place under AS 15.15.060;

(3) "state employee" includes a permanent employee, emergency employee, nonpermanent employee, or a program or project employee as those terms are defined in AS 39.25.200;

SB0082BSB -5-82 CSSB-4- 82(JUD)SB0082A New Text Underlined [DELETED TEXT BRACKETED]