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State of Alaska > Division of Elections > Petitions
Initiative,
Referendum And Recall Information
Updated February 20, 2008
Click on the following links for more detailed information for: Initiative, Referendum, and Recall
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.
Introduction
DEFINITIONS
The initiative is the procedure by which the
people instead of the legislature introduce and enact a law. A specified
number of voters propose the law they wish to be placed on a ballot
to have it voted up or down by their fellow Alaskans.[Ref. AS 15.45.010-245]
The referendum is the procedure by which the people approve or
reject a law already passed by the legislature. The referendum petition
must be filed within 90 days after the adjournment of the legislative
session at which the law was passed, in order for it to appear on
a ballot to be voted on.[Ref. AS 15.45.250-465]
The recall is the procedure by which the people may remove the
governor, lieutenant governor, or members of the state legislature from
office. The recall question appears on a special election ballot. [Ref. AS 15.45.470-720]
STEPS IN THE PROCESS
The three petition processes follow the same basic steps:
- PREPARATION OF LANGUAGE
by a petition committee for the application
- COLLECTION OF SIGNATURES
of 100 qualified voters who agree to act as sponsors for petition circulation
purposes
- APPLICATION
for a petition presented to the Lt. Governor, or in the case of a recall, the Director of the Division of Elections.
- REVIEW by the
Lt. Governor, Department of Law and Division of Elections
- PETITION BOOKLETS
PRINTED by the Division of Elections for the petition committee
- COLLECTION OF SIGNATURES
of qualified voters in at least 30 election districts who support the petition
- FILING OF THE PETITION
with the Division of Elections
- REVIEW of signatures
by the Division of Elections
- NOTIFICATION
by the Lt. Governor if the petition is or is not sufficient (i.e.,
there were enough signatures) to appear on the ballot,or in the case of a recall, the Director of the Division of Elections.
- PREPARATION
of ballot language
RESTRICTIONS
Initiative
No initiative may be proposed to:
- dedicate revenues;
- make or repeal appropriations;
- create courts;
- define the jurisdiction
of courts or prescribe their rules; or
- enact local or special
legislation.
[Ref. AS 15.45.010]
Referendum
No referendum may be applied to:
- dedication of revenues;
- appropriations;
- local or special legislation;
or
- laws necessary for the
immediate preservation of the public peace, health, or safety.
[Ref. AS 15.45.250]
Recall
- The application for
a recall petition may not be filed during the first 120 days of
the term of office of any state public official subject to recall.
- The recall petition
may not be filed if the public official has fewer than 180 days
remaining to serve in that office.
[Ref. AS 14.45.490 and AS 15.45.610]
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