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State of Alaska > Division of Election > Petitions

Initiative Information
Updated April 14, 2008

Click here for a list of initiatives.

The initiative, referendum and recall procedures appear in Article XI of our Constitution, Alaska Election Law under AS 15.45.010 - 15.45.720 and the Alaska Administrative Code under 6 AAC 25.240 and 245. The following information summarizes the statutes and regulations.

This information should not be considered a substitute for reading the statutes and regulations in their entirety.


INITIATIVE

HOW TO FILE AN APPLICATION


An initiative is proposed by filing an application with the Lieutenant Governor. A form is available at the Division of Elections Offices and on the Division's web site. A deposit of $100 must accompany the application. The money will be refunded if the petition is properly filed, and retained if the petition is improperly filed. (A petition is considered properly filed if the Lieutenant Governor certifies the petition for circulation.) [Ref. AS 15.45.020]

In addition to the deposit, the application must include:
  1. the designation, names, signatures, mailing addresses, and numerical identifiers of three prime sponsors with a statement saying they are the initiative committee representing all sponsors of the initiative. They must be properly registered voters.
  2. the printed name, signature, addresses, and a numerical identifier of not fewer than 100 properly registered voters who will serve as sponsors. Their names must be attached to the application statement. The three initiative committee sponsors must also sign as a qualified registered voter on the signature page. (Note: Each page of signatures must include a statement saying that the sponsors are qualified voters who signed the application with the proposed bill attached.)
  3. the proposed bill (i.e., proposed law) to be initiated, attached to the application form
    [Ref. AS 15.45.030]
The proposed bill must conform to the following specifications:
  1. it must be confined to one subject;
  2. the subject of the bill must be expressed in the title;
  3. the enacting clause of the bill must state, "Be it enacted by the People of the State of Alaska;" and
  4. the bill must not include a restricted subject.
    [Ref. AS 15.45.040]
REVIEW OF APPLICATION

After the Department of Law submits an opinion on the content of the proposed bill, the Lieutenant Governor either certifies the application or denies certification. In either case, the initiative committee is advised of the Lieutenant Governor's action. [Ref. AS 15.45.070]

The Lieutenant Governor denies certification if:
  1. the proposed bill to be initiated is not in the required form;
  2. the application is not substantially in the required form; or
  3. there is an insufficient number of qualified sponsors.
    [Ref. AS 15.45.080]
PREPARING THE INITIATIVE PETITION BOOKLETS

If the initiative is certified, the Division of Elections prints 500 petition booklets and distributes these to the prime sponsors. The prime sponsors distribute petition booklets to each of the other qualified sponsors or circulators who will circulate the petition and gather the required signatures of registered voters. (This number is 10 percent of those voting in the previous general election and residing in at least three-fourths of the house districts in the state.)

Petition booklets include:
  1. a copy of the proposed bill (if 500 words or less);
  2. an impartial summary of the subject matter of the bill;
  3. a statement of minimum costs to the state associated with certification of the initiative application and review of the initiative petition, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;

  4. an estimate of the cost to the state of implementing the proposed law;
  5. a statement of warning as prescribed in AS 15.45.100;
  6. sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition; and
  7. sufficient space at the bottom of each page for payment information required by AS 15.45.130(8); and
  8. other specifications prescribed by the Lieutenant Governor.
    [Ref. AS 15.45.090 and 6 AAC 25.240]
DESIGNATING CIRCULATORS

Qualified voters who sign the application are designated as sponsors, who may or may not circulate the petition. The initiative committee may designate additional circulators by giving their names and addresses in written notice to the Lieutenant Governor. [Ref. AS 15.45.060] If circulators designated by the initiative committee are not registered voters, they must sign a certificate of Alaska residency available from the Division of Elections. Circulators must be 18 or older and a U.S. citizen.

PAYING PETITION CIRCULATORS

Petition circulators may not receive payment greater than $1 a signature, and a person or organization may not pay an amount greater than $1 a signature for collecting signatures on a petition. Additionally, a person or organization may not pay someone to sign or refrain from signing a petition. Anyone who violates this section of the law is guilty of a class B misdemeanor. [Ref. AS 15.45.110]

FILING THE PETITION

Before an initiative petition is filed, each petition book must be certified by an affidavit from the person who circulated the petition. This affidavit states:
  1. the person signing the affidavit is a citizen, 18 years old or older, who has been a resident of Alaska for 30 days;
  2. the person is the only circulator of the petition booklet;
  3. the signatures were made in the circulator's presence;
  4. the signatures, to the best of the circulator's knowledge, are those of the persons whose names are signed;
  5. the signatures are of persons who were qualified voters on the date of signature;
  6. the circulator has not entered into an agreement in violation of AS 15.45.110(c);
  7. the circulator has not violated AS 15.45.110(d), and
  8. the circulator prominently placed his or her name and payment arrangements on the petition.
    [Ref. AS 15.45.130 and 6 AAC 25.240(g) and (h)]
(a) The sponsors must file the initiative petition within one year from the time the sponsors receive notice from the Lieutenant Governor that the petitions were ready for deliver to them. the petition may be filed with the Lieutenant Governor only if it meets all of the following requirements:

it is signed by qualified voters
  1. equal in number to 10 percent of those who voted in the preceding general election (23,831 needed until the 2008 general election);

  2. resident in at least three-fourths of the house districts of the state; and

  3. who, in each of the house districts described in (2) of this subsection, are equal in number to at least seven percent of those who voted in the preceding general election in the house district.
    For the amount needed in each house district, click here.

(b) If the petition is not filed within the one-year period provided for in (a) of this section, the petition has no force or effect. [Ref: AS 15.45.140 and 6 AAC 25.240 (c), (d), and (e)]

REVIEWING THE PETITION

The Lieutenant Governor must review an initiative within 60 days from the date the petition is filed. The Lieutenant Governor then notifies the committee whether the petition was properly or improperly filed and also at which election the proposition will appear on the ballot. [Ref. AS 15.45.150] If an initiative petition is properly filed, the $100 deposit is refunded. [Ref. AS 15.45.020]
IMPROPER FILING

An initiative is improperly filed if:
  1. there is an insufficient number of qualified signers; or
  2. the voters did not reside in at least three-fourths of the house districts of the state.
    [Ref. AS 15.45.160 and 6 AAC 25.240(f)]
FILING A SUPPLEMENTARY PETITION

There is no time allowed to gather or submit supplementary signatures for an initiative petition.

PLACING THE INITIATIVE ON THE BALLOT

The proposition will be placed on the election ballot of the first statewide general, special or primary election that is held after:
  1. the petition has been filed;
  2. a legislative session has convened and adjourned; and
  3. a period of 120 days has expired since the adjournment of the legislative session.
    [Ref. AS 15.45.190]
Note: If the Lieutenant Governor, with the concurrence of the Attorney General, determines that an act of the legislature, substantially the same as the proposed law, was enacted after the petition had been filed and before the date of the election, the petition is void, and the Lieutenant Governor so notifies the committee.)

WHEN DOES A PROPOSED INITIATIVE BECOME LAW?

If a majority of the voters vote in favor of the initiative, the measure passes. The law becomes effective 90 days following certification of the election results.

To write or to discuss this in person, contact:

Lauri Wilson
Division of Elections-
PO Box 110017
Juneau AK 99811-0017
(907) 465-4611


or

Jason Hooley
Lt. Governor Sean R. Parnell
PO Box 110015
Juneau, AK 99811-0015
(907) 465-3520

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