2 Alaska Admin. Code § 50.272

Current through September 25, 2024
Section 2 AAC 50.272 - Conducting raffle or lottery and use of proceeds
(a) A person authorized by a charitable gaming permit issued under AS 05.15.100 to conduct a raffle or lottery for the purposes provided in AS 05.15.150(a)(3) shall comply with this section. A permittee that conducts a raffle or lottery for the purposes allowed under AS 05.15.150(a)(3) and contributes the net proceeds as required under AS 05.15.150(a), is organized and taking action for the principal purpose of influencing an election within the meaning of AS 15.13.400(8)(B) and (13), and is subject to AS 15.13.067 and the applicable contribution limits of AS 15.13.070(c), (d), and (f). A raffle or lottery may not be conducted in a manner that allows a person to avoid the provisions of AS 15.13.070, 15.13.074, or 2 AAC 50.258 in giving or receiving any contribution.
(b) A permittee may solicit and accept a contribution, including a prize, printing or advertising service, use of a room or space for an event associated with the raffle or lottery, or other donation of an item or service used to promote or conduct the raffle or lottery. A permittee may not accept a contribution
(1) that is anonymous or that is made using a fictitious name or the name of another; or
(2) from a person prohibited from making a contribution under
(c) A permittee shall provide advance notice to each contributor and to each purchaser of a raffle or lottery ticket that the proceeds of the raffle or lottery are intended for political purposes under AS 05.15.150(a)(3). A raffle or lottery ticket sold for the purposes allowed by AS 05.15.150(a)(3) must disclose the name of a candidate, group, political party, organization affiliated with a political party, or political group as defined in AS 15.80.010, that the permittee intends to aid by the use of the proceeds. The permittee must retain records of any purchase of a raffle or lottery ticket in a total amount greater than $50. An individual, group, or nongroup entity may not purchase raffle or lottery tickets exceeding the amount that an individual, group, or nongroup entity is allowed to contribute to a candidate under AS 15.13.070, and may not purchase raffle or lottery tickets if prohibited by AS 15.13.074(f) from making a contribution.
(d) A charitable gaming permittee may use the net proceeds of a raffle or lottery to make
(1) contributions to a candidate, a political party or a subordinate unit of a political party, a group, or a political group as defined in AS 15.80.010; however, a contribution by a charitable gaming permittee may not exceed the applicable contribution limits of AS 15.13.070; or
(2) an independent expenditure for the purposes permitted in AS 05.15.150(a)(3); an expenditure is a contribution, and not an independent expenditure if made in cooperation or consultation with a candidate or any agent of a candidate, group, or nongroup entity.
(e) A charitable gaming permittee shall report
(1) any expense incurred or paid to conduct a raffle or lottery to raise money to be used for the purposes permitted in AS 05.15.150(a)(3) as a contribution or an independent expenditure;
(2) each contribution the permittee receives as required in AS 15.13.040(b), (j), or ( l); the report must include the information required by AS 15.13.040(e)(5) for
(A) any contribution the permittee receives in accordance with (b) of this section; or
(B) any purchaser of raffle or lottery tickets in excess of $50;
(3) each independent expenditure made to conduct a raffle or lottery, or for a purpose permitted in AS 05.15.150(a)(3), as required under AS 15.13.040(d) and (e) and 2 AAC 50.270;
(4) each contribution made to a candidate for public office or to a group organized for the principal purpose of influencing the outcome of an election or a proposition, or for the principal purpose of filing an initiative proposal application.
(f) In this section,
(1) "charitable gaming permittee" or "permittee" means a person that has obtained a permit from the Department of Revenue under AS 05.15.100 giving the person the privilege of conducting a raffle or lottery;
(2) "raffle" or "lottery" has the meaning given in AS 05.15.690.

2 AAC 50.272

Eff. 12/22/2011, Register 200

AS 15.13.074(f) or (g).

Authority:AS 15.13.030

AS 15.13.040

AS 15.13.050

AS 15.13.067

AS 15.13.069

AS 15.13.070

AS 15.13.074