State Sen. Hollis French, an Anchorage Democrat who chairs the Senate Judiciary Committee, said he's asking legislative attorneys to check the opinion against his committee's campaign reform measure, Senate Bill 284.
"From what I could read, we've taken care of the issues they've raised but we're going to make double sure," French said by phone from Sitka, where he was stuck on Monday. Fog in Juneau kept Alaska Airlines flights from landing in the capital city's airport much of the day.
Election laws are getting intense attention this legislative session because of a January U.S. Supreme Court decision allowing unlimited campaign spending by corporations and unions.
In the new opinion, Alaska Attorney General Dan Sullivan concluded that state laws prohibiting spending by corporations and unions are likely unconstitutional, given the Supreme Court ruling that those organizations have First Amendment rights to political speech, just as individuals do. But corporations and unions still won't be able to donate directly to candidates, Sullivan's opinion said.
The opinion also said that while a law already on the books will broadly require corporations and unions to report their spending within 10 days, more detailed reporting requirements in current law -- such as listing contributors -- don't apply. And while corporations and unions cannot spend anonymously, it's unclear under current law how they must identify themselves, the opinion said.
"This may create uncertainty among corporations and labor unions about how to proceed," the attorney general's opinion said.
SHARPENING THE LAW
French and Democrats in the House backing a companion bill say their legislation spells out what's required.
Anchorage Rep. Les Gara, one of nine Democrats signed onto House Bill 358, said the attorney general's opinion gives a general nod to making sure the public is informed but doesn't address what he called "meaningful disclosure."
"Right now a company like Exxon could give money to a front group and the ad would say it's paid for (by) Alaskans for Great Stuff, if that's the name of the front group," Gara said. "You wouldn't know that Exxon paid for the ad. That's what the public is going to want to know."
Under the Democrats' legislation, the ads themselves would have to list the name of the company or union paying the bill, as well as a statement by the company principal supporting the message. In the case of union- or corporation-supported campaign organizations, the ad would have to name the five top contributors. And corporations and unions would have to file complete reports of expenditures and contributions to the Alaska Public Offices Commission.
GAUGING GOP SUPPORT
State Rep. Jay Ramras, a Fairbanks Republican who chairs the House Judiciary Committee, where the campaign measures likely will be heard, said Monday that he will be watching the Senate bill closely and may wait for something to pass there before taking on the issue. He said he works well with French but he wants to gauge Republican support.
Meanwhile, state Rep. Bob Lynn, an Anchorage Republican who chairs the House State Affairs Committee, said his committee will be debating its own disclosure bill to address the fallout from the federal court case. It will be introduced soon and may include areas beyond requirements for disclosure, including holding those behind slanderous ads personally liable, he said.
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