The staff of members of the Alaska Public Offices Commission have suggested a fine of $16,450 against Preserve Democracy, a group headed by ex- U.S. Senate candidate Kelly Tshibaka.
In the report, which was released on Friday the staff of the state’s regulatory agency for campaign finance found the state’s campaign finance regulator found that Preserve Democracy failed to register with the commission prior to campaigning for the ballot measure that would eliminate the ranked choice system in Alaska.
The report’s main purpose is to make an opinion that any fines have to get approval from the commission that will meet next month.
The report was published due to the complaint that was filed on July 1st by Alaskans for Better Elections, which is a group who supports the ranked choice system here.
Staff denied claims of Preserve Democracy improperly participated in the Anchorage municipal election, and that Tshibaka was an unregistered lobbyist. the attorney Scott Kendall, who filed the complaint on behalf of Alaskans for Better Elections, stated that the outcome was “on all things considered we’re very happy … the team certainly did a great job.”
The fine suggested is not a lot when compared to an election that spans the entire state, Kendall said that if the complaint is ruled on the state will compel Preserve Democracy to disclose its donors and be registered with the state.
“The most important nexus of my client’s case was unregistered campaigning the direction of an election measure which is the major part,” Kendall said. “And that’s the place APOC is in agreement.”
In the study timing was a key element: Preserve Democracy set up an online site to oppose the ranked choice vote just as repeal supporters announced an initiative on the ballot.
Tshibaka addressed the February 20, 2023 events. she said that her group was working with a different group in support of the repeal. She also urged for people to join the petition in support of the repeal.
Although the website of Preserve Democracy does not specifically reference it, the petition to repeal “under every circumstance it could be interpreted in having no other interpretation than as an appeal to sign this (repeal) petition” Preserve Democracy’s staff wrote.
This is because campaign activity is regulated, but general speeches on a certain subject isn’t.
The staff concluded the Preserve Democracy needed to register as a political party and report on its expenditures, and include specific disclosures about its campaign to its web site.
Matt Singer, an attorney representing Preserve Democracy and Tshibaka the Tshibaka Foundation, stated that his clients “strongly do not agree with the conclusion made by the staff, it is an “independent” (campaign) expense.”
“It’s fundamentally using freedom of speech or political speech. The reality that Mrs. Tshibaka expressed an opinion about the initiative and also because she voiced an opinion on the initiative, which transforms a website that doesn’t discuss the initiative into an advocacy site,” Singer said.
“It’s unconform to the past decisions and advice. Therefore, we’re looking at taking this to court for a hearing as well as to the Supreme Court if we need to,” he said.
Another complaint, made against the group that is directly supporting this repeal motion, is yet to be reviewed by staff of the commission. A report on the complaint is expected by the close this month.
The article was originally published in Alaska Beacon and is republished here with permission.
