Alaska Gets in on the Act (but Potential Constitutional Pitfalls Loom Large)
On Tuesday, Alaska voters will take to the polls to consider a ballot initiative designed to deter the appearance of corruption by prohibiting the holders of public works construction projects from making contributions to state candidates. The initiative, to promulgate the “Alaska Anti-Corruption Act”, further seeks to ensure public funds are not used to finance campaign advocacy and has already been identified (correctly, if my humble legal opinion has any relevance) by the Alaska Attorney General as being of dubious constitutionality.
With respect to pay-to-play issues, Alaska voters will be asked to approve legislation that bans political contributions by government contractors and members of their “immediate families” for the duration of their contracts and for two years thereafter. The proposed penalties for violation of this law would be both criminal in nature and contractual debarment of the contractor. For those of you who would like to try your hand at law enforcement, take heart: the proposed legislation authorizes initiation of an action for enforcement of a violation in Alaska Superior Court by “any entity or group, or any member of the public”. The nice thing is, if you wrongly commence an action against that crotchety old lady up the street who never waves when you drive by for violating the Alaska Anti-Corruption Act, the proposed law thoughtfully provides that “[a]ny person, government, group or entity that initiates an action pursuant to the subsection shall be immune from any claim or legal action for doing so”.
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