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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:
- 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.
- 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.)
- 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:
- it must be confined
to one subject;
- the subject of the bill
must be expressed in the title;
- the enacting clause
of the bill must state, "Be it enacted by the People of the State
of Alaska;" and
- 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:
- the proposed bill to
be initiated is not in the required form;
- the application is not
substantially in the required form; or
- 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:
- a copy of the proposed
bill (if 500 words or less);
- an impartial summary
of the subject matter of the bill;
- 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;
- an estimate of the cost to the state of implementing the proposed law;
- a statement of warning
as prescribed in AS 15.45.100;
- 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
- sufficient space at
the bottom of each page for payment information required by AS 15.45.130(8);
and
- 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:
- the person signing the
affidavit is a citizen, 18 years old or older, who has been a resident
of Alaska for 30 days;
- the person is the only
circulator of the petition booklet;
- the signatures were
made in the circulator's presence;
- the signatures, to the
best of the circulator's knowledge, are those of the persons whose
names are signed;
- the signatures are of
persons who were qualified voters on the date of signature;
- the circulator has not
entered into an agreement in violation of AS 15.45.110(c);
- the circulator has not
violated AS 15.45.110(d), and
- 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
- equal in number to
10 percent of those who voted in the preceding general election
(23,831 needed until the 2008 general election);
- resident in at least three-fourths of the house districts of
the state; and
- 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:
- there is an insufficient
number of qualified signers; or
- 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:
- the petition has been
filed;
- a legislative session
has convened and adjourned; and
- 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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