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Ethics panel adopts opinions clarifying public members’ political activity and disclosure timing

Alaska State Legislature Select Committee on Legislative Ethics · August 15, 2024
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Summary

The Alaska Legislative Ethics Committee adopted AO 24-03 clarifying what public members may do politically and AO 24-04 requiring nominees to file financial disclosures within 30 days of appointment. The votes were recorded by roll call; one member abstained on each advisory opinion.

The Alaska State Legislature’s Select Committee on Legislative Ethics voted Aug. 15 to adopt two advisory opinions clarifying limits and obligations for public members of the committee.

AO 24-03: political activities. Noah Klein of Legislative Legal Services summarized draft AO 24-03, which answers seven questions under AS 24.60.134 about what public members may do: the draft concludes public members are not prohibited from signing ballot-measure or recall petitions, making certain campaign contributions (subject to statutory caveats), donating for or against ballot measures, contributing to a political party (if not at a party fundraiser), and participating in lawsuits asserting private rights so long as the activity is not part of a campaign. Committee members debated the fine line between constitutional freedoms and statutory restrictions; Jerry McBeath said he remained concerned about distinguishing protected expression from campaign participation. Skip Cook moved to adopt AO 24-03; Conner Thomas recused from the vote and the motion carried with eight yes votes.

AO 24-04: financial disclosures. Klein also reviewed AO 24-04 clarifying when nominees and alternate public members must file financial-disclosure statements. The opinion states nominees must file financial disclosures and that a nominee has 30 days after appointment to file. Committee members discussed terminology (selection, appointment, ratification) and urged earlier filings when feasible. Skip Cook moved to adopt AO 24-04; the roll-call vote was 8-0 with Conner Thomas abstaining.

Why it matters: Both opinions aim to clarify statutory language that committee members said has caused inconsistent advice and confusion in past practice. Members said the clarifications are intended to help public members avoid inadvertent violations while preserving constitutional rights.

— Reporting from the Alaska State Legislature Select Committee on Legislative Ethics meeting on Aug. 15, 2024.