Alaska Law on Out-of-State Contributions Found Unconstitutional - State and Federal Communications

November 29, 2018  •  

Alaska Law on Out-of-State Contributions Found Unconstitutional

The Ninth Circuit Court of Appeals held that the Alaska law regulating the annual aggregate limit on campaign contributions from nonresidents of Alaska is unconstitutional.

Two members of the three-judge panel found the nonresident limit does not meet an important state interest and therefore violates the First Amendment.

To meet the important state interest bar, the state must show that the law limiting out-of-state contributions is an effort to prevent corruption, not merely to prevent undue influence.

Annual limits on individual contributions to a political candidate, a nonpolitical party group, or what a political party may contribute to a candidate were unanimously held to be constitutional.

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