The APOC hearing between Yes on 2 for Better Elections v. Defend Alaska Elections, alleging that Defend Alaska Elections has been constantly violating campaign finance law on several different levels, is underway.
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The main topic of today's case before APOC is whether APOC should take up the complaints on an expedited basis.
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Yes on 2 has brought three different claims against Defend Alaska Elections but is focusing in on a complaint about how DAE has been violating the three biggest contributors.
"It has never been correct," argues attorney Samuel Gottstein.
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"It has never been correct," argues attorney Samuel Gottstein.
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Up until two weeks ago, DAE claimed its top 3contributors were Sturgeon, Begich and Parnell. That was after several big-$ contributions came in.
It was never right, Yes on 2 argues, because Begich and Parnell were actually tied for 3rd (after Sturgeon and Corey Mulder)
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It was never right, Yes on 2 argues, because Begich and Parnell were actually tied for 3rd (after Sturgeon and Corey Mulder)
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Gottstein is now arguing that DAE is continuing to run ads with Sturgeon, Begich and Parnell as its top contributors when it's now AKGOP, RLSC and Americans for Prosperity.
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Gottstein: "This is not a speculative violation, this is clear violation of the law by DAE based on their own disclosures."
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Baxter, the attorney for Defend Alaska's Elections, say that this meeting is improper. Say they haven't received any notice because APOC sent the notice to the wrong email.
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Baxter: "There is no irreparable harm here because Defend Alaska is disclosing all its expenditures and income in its 10-day independent expenditure reports."
Basically arguing that the top contributors on ads doesn't matter as long as the APOC report is accurate.
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Basically arguing that the top contributors on ads doesn't matter as long as the APOC report is accurate.
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He argues that the top contributors only matter when you place the ads. Says it's unreasonable to expect them to update the ads as they're purchased.
(They purchased $250K of ads when they had something like $1,500 contributions)
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(They purchased $250K of ads when they had something like $1,500 contributions)
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Baxter on reporting of Corey Mulder's $1,000 in-kind contribution: "Defend Alaska made a very silly first-timer campaign mistake."
Defend Alaska is run by Brett Huber, Dunleavy's campaign manager...
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Defend Alaska is run by Brett Huber, Dunleavy's campaign manager...
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They recorded Mulder giving them a FB page as worth $1,000. Baxter says it's just worth $5 and their report has been properly updated since then.
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APOC Commissioner Lawrence asks Baxter if they disagree with Yes on 2's facts. Baxter says, no, and that DAE's disclosures have ALWAYS been accurate.
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Baxter on ads: "Once they have been produced and placed, Alaska law does not require campaigns to go back and revamp those disclosures at that point."
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APOC Commissioner notes, though, that it's about the time of communication NOT time of placement.
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APOC Comm. not convinced.
Comm: How come you didn't change the contributors?
Baxter: Because it is our understanding once you have produced and placed an ad, a campaign does not need to keep going back and revamping its top three contributors.
Comm: I'm not convinced.
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Comm: How come you didn't change the contributors?
Baxter: Because it is our understanding once you have produced and placed an ad, a campaign does not need to keep going back and revamping its top three contributors.
Comm: I'm not convinced.
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After some questions, commission asks if they are still running ads with the Sturgeon, Begich and Parnell disclosures.
Baxter: Yes.
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Baxter: Yes.
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Commissioner says it sounds like the information isn't accurate.
Baxter: We don't believe the information is inaccurate.
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Baxter: We don't believe the information is inaccurate.
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Gottstein says DAE is warping state law: "It's a warped definition that hides the true contributors of its campaign. They were untrue when they placed the advertisements."
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Gottstein: "What's important about this is the purpose of the law is to make sure Alaskan voters don't have to try to navigate the APOC website so when they're listening to the political speech they know who is funding it. ... It's purposely misleading who's funding DAE."
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Gottstein: "What we're asking for is that these purposely misleading ads are corrected immediately. That's what needs to happen. Those ads need to go today."
Baxter: Nuh-uh.
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Baxter: Nuh-uh.
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They've gone into executive session. It's expected to last about 30 minutes. and be back at 3 p.m. This would simply be a decision to actually hear the complaints on an expedited basis. Could result in an immediate hearing or one in the next two days.
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Still waiting...
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