2 AAC 50.292 - Nongroup entities

(a) Before making a contribution or an independent expenditure, a person seeking the status of a nongroup entity shall apply to register as a nongroup entity by submitting the following information and documentation on the nongroup entity registration form prescribed by the commission:

(1) the person's name, address, and purpose;

(2) the name and address of a chair and a treasurer; the same individual may serve as both chair and treasurer;

(3) each election in which the person intends to be active as a nongroup entity during the year;

(4) if the person seeking the status of a nongroup entity is a corporation,

(A) a copy of a determination from the United States Internal Revenue Service that the corporation is a social welfare organization as described in 26 U.S.C. 501(c)(4);

(B) a copy of the certificate of incorporation issued under AS 10.20.156 or under a substantially similar statute of another state;

(C) a copy of the corporation's articles of incorporation and bylaws;

(D) an affidavit from a director or officer showing that the corporation's purposes include one or more of the following:

(i) issue advocacy;

(ii) influencing elections;

(iii) research, training, or educational activities tied to the corporation's political goals; and

(E) an affidavit from a director or officer showing that the corporation does not include shareholders or persons other than employees who

(i) have an equitable interest in the corporation or are affiliated in a way that would allow them to make a claim on the organization's assets or earnings; or

(ii) receive a benefit that they would lose if they ended their affiliation with the corporation or that they could not obtain unless they became affiliated; for the purposes of this sub-subparagraph, "benefit" includes a credit card, an insurance policy, a savings plan, and education or business information;

(5) if the person seeking the status of a nongroup entity is not a corporation, a copy of the bylaws or minutes or an affidavit signed by an owner, officer, chair, director, partner, or board member showing that the person seeking the status of a nongroup entity does not participate in business activities, has no shareholders, and is independent from the influence of business corporations;

(6) the name and location of the group's campaign depository if one is required under 2 AAC 50.298; and

(7) the treasurer's certification that the information contained in the registration statement is true, complete, and correct.

(b) If, after reviewing the documentation a person seeking the status of a nongroup entity submits under (a) of this section, the commission staff finds that the documentation is complete, the staff shall prepare a recommendation to the commission as provided in 2 AAC 50.826. If the staff finds that the documentation is incomplete or inadequate, the staff may request and review additional information.

(c) The commission will consider the staff recommendation and make a determination as provided in 2 AAC 50.826. The commission's determination is a final order for the purpose of an appeal to the superior court under AS 44.62.560.

(d) Any contribution that a nongroup entity receives for the purpose of making contributions or expenditures to influence an election must be kept in a separate account and reported to the commission as provided in 2 AAC 50.321.

Notes

2 AAC 50.292

Eff. 2/20/2005, Register 173; am 12/22/2011, Register 200

Authority:AS 15.13.010

AS 15.13.030

AS 15.13.040

AS 15.13.074

AS 15.13.135

AS 15.13.400