(a) A candidate who is damaged as the result of a false statement about the candidate made with knowledge that it was false, or with reckless disregard for whether it was false or not, made as part of a telephone poll or an organized series of calls, and made with the intent to convince potential voters concerning the outcome of an election in which the candidate is running may recover damages in an action in superior court under this section against the individual who made the telephone call, the individual's employer, and the person who contracted for or authorized the poll or calls to convince. However, the employer of the individual or the person who contracted for or authorized the poll or calls to convince is liable to the defamed candidate only if the employer or person authorized the statement to be made, knowing that it was false or with reckless disregard for whether it was false or not, as part of the poll or calls to convince.
(b) The court may award damages, including punitive damages. If the court finds that the result of the statement places the integrity of the election process in substantial doubt, the eligibility of the successful candidate to hold the office to which elected shall be determined as provided in AS 15.56.110(b) or, in the case of a candidate for governor or lieutenant governor, by impeachment under art. II, sec. 20, Constitution of the State of Alaska.
Structure Alaska Statutes
Chapter 13. State Election Campaigns
Sec. 15.13.010. Applicability.
Sec. 15.13.020. Alaska Public Offices Commission.
Sec. 15.13.030. Duties of the commission.
Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported.
Sec. 15.13.045. Investigations, hearings.
Sec. 15.13.050. Registration before expenditure.
Sec. 15.13.052. Independent expenditures; political activities accounts.
Sec. 15.13.060. Campaign treasurers.
Sec. 15.13.065. Contributions.
Sec. 15.13.067. Who may make expenditures.
Sec. 15.13.069. Certain expenditures that comply with charitable gaming provisions permitted.
Sec. 15.13.070. Limitations on amount of political contributions.
Sec. 15.13.072. Restrictions on solicitation and acceptance of contributions.
Sec. 15.13.074. Prohibited contributions.
Sec. 15.13.076. Authorized recipients of contributions.
Sec. 15.13.078. Contributions and loans from the candidate.
Sec. 15.13.082. Limitations on expenditures.
Sec. 15.13.084. Prohibited expenditures.
Sec. 15.13.086. Authorized makers of expenditures.
Sec. 15.13.090. Identification of communication.
Sec. 15.13.095. False statements in telephone polling and calls to convince.
Sec. 15.13.100. Expenditures before filing.
Sec. 15.13.110. Filing of reports.
Sec. 15.13.111. Preservation of records.
Sec. 15.13.112. Uses of campaign contributions held by candidate or group.
Sec. 15.13.114. Disposition of prohibited contributions.
Sec. 15.13.116. Disbursement of campaign assets after election.
Sec. 15.13.135. Independent expenditures for or against candidates.
Sec. 15.13.140. Independent expenditures for or against ballot proposition or question.
Sec. 15.13.145. Money of the state and its political subdivisions.
Sec. 15.13.150. Election educational activities not prohibited.
Sec. 15.13.155. Restrictions on earned income and honoraria.
Sec. 15.13.374. Advisory opinion.
Sec. 15.13.380. Violations; limitations on actions.
Sec. 15.13.385. Legal counsel.
Sec. 15.13.390. Civil penalty; late filing of required reports.