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State of Alaska > Division of Elections > Petitions
Recall Information
Updated February 20, 2008
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.
RECALL
HOW TO FILE AN APPLICATION
A
recall is proposed by filing an application with the Director of the
Division of Elections. 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 recall petition is considered
properly filed if the Director certifies the petition for
the ballot.) [Ref. AS 15.45.480]
In addition to the deposit, the application must include:
- the name and office
of the person to be recalled;
- the grounds for recall
described in particular in a statement of not more than 200 words;
- the designation, names, signatures, mailing addresses, and numerical identifiers
of three prime sponsors with a statement saying they are
the recall committee representing all sponsors of the recall.
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 recall 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 name and office of the person to be recalled and the statement of grounds for recall attached.)
- the printed name, signature, addresses, and a numerical identifier of qualified voters equal in number to 10% of those who voted in
the preceding general election in the state or in the senate or
house district of the official sought to be recalled. [Ref. AS
15.45.500]
REVIEW
OF APPLICATION
After
the Department of Law submits an opinion on content, the Director of
the Division of Elections either certifies the application or denies
certification. In either case, the recall committee is notified of the
decision. [Ref. AS 15.45.540]
The Director denies certification if:
- the application is not
substantially in the required form;
- the application was
filed during the first 120 days of the term of office of the official
subject to recall or within fewer than 180 days of the termination
of the term of office of any official subject to recall;
- the person named in
the application is not subject to recall; or
- there is an insufficient
number of qualified subscribers.
[Ref. AS 15.45.550]
PREPARING
THE RECALL PETITION BOOKLETS
For
the recall, the Division of Elections is responsible for printing petition
booklets in a number reasonably calculated to allow full circulation
throughout the state or throughout the senate or house district of the
official sought to be recalled. [Ref. AS 15.45.560]
Petition booklets include:
- the name and office
of the person to be recalled;
- the statement of the
grounds for recall included in the application;
- a statement of minimum costs to the state associated with certification of the recall application and review of the recall petition, and conduct of a
special election, 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 recalling the official;
- the statement of warning as required in AS 15.45.570;
- 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
- other specifications prescribed by the director to ensure proper handling and control.
- (b) Upon request of the recall committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general
election in the state or in the district of the official sought to be recalled by the recall committee.
[Ref. AS 15.45.560]
DESIGNATING
CIRCULATORS
Qualified voters who sign the application are designated
as sponsors, who may or may not circulate the petition. If circulators designated by the initiative committee
are not registered voters, they must sign a certificate of Alaska residency located on the back of each petition
booklet that the circulator is circulating. Circulators must be 18 or older and a U.S. citizen.
PAYING PETITION CIRCULATORS
Petition circulators may not receive payment or agree to receive payment that is greater than $1 a signature, and a person or an organization may
not pay or agree to pay an amount greater than $1 a signature for collecting signatures on a petition. Additionally, a person or organization may not knowingly pay
or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition. A person or organization that violates this section of the
law is guilty of a class B misdemeanor [Ref. AS 15.45.110]
FILING
THE PETITION
Before
a recall petition is filed, each petition booklet shall be certified
by an affidavit by the person who personally circulated the petition. The affidavit
states:
- the person signing the
affidavit is a citizen of the U.S., 18 years or older and resident of the state as determined under AS 15.05.020;
- the person is the only
circulator of the petition booklet;
- the signatures were
made in the circulator's presence;
and
- the signatures, to the
best of the circulator's knowledge, are those of the persons whose
names are signed.
- that, to the best of the circulators knowledge, the signatures are of persons who were qualified voters on the date of signature;
- that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.580(b);
- that the circulator has not violated AS 15.45.580(c) with respect to that petition; and
- whether the circulator has received payment or has agreed to receive payment for collection of signatures
[Ref. AS 15.45.600]
The petition may not be filed
if the public official subject to recall has fewer than 180 days left
in his or her term of office. [Ref. AS 15.45.610]
The recall petition must be signed by qualified voters equal in number
to 25% of those who voted in the preceding general election in the state
or in the senate or house district of the official sought to be recalled.
[Ref. AS 15.45.610]
REVIEWING
THE PETITION
For a recall petition, the Director of the Division
of Elections shall review it within 30 days of the date of filing, and
shall notify the recall committee and the person subject to recall whether
the petition was properly or improperly filed. [Ref. AS 15.45.620]
IMPROPER FILING
A
recall petition is improperly filed if:
- there is an insufficient
number of qualified signers; or
- the petition was filed
within fewer than 180 days of the termination of the term of office
of the official subject to recall.
[Ref. AS 15.45.630]
FILING
A SUPPLEMENTARY PETITION
If a recall petition is improperly filed, the committee
may amend and correct the petition by circulating and filing a supplementary
petition within 20 days of the date that notice was given, if filed
within fewer than 180 days of the termination of the term of office
of the person subject to recall. [AS 15.45.640]
SPECIAL ELECTION CALLED
If the petition is properly filed, and if the office
is not vacant, the director shall prepare the ballot and shall call
a special election to be held no fewer than 60 nor more than 90 days
after the date that notification is given that the petition was properly
filed. If a primary or general election is to be held no fewer than
60 nor more than 90 days after the date that notification is given that
the petition was properly filed, the special election shall be held
on the date of the primary or general election. [Ref. AS 15.45.650]
SPECIAL ELECTION CONDUCTED
All provisions regarding the conduct of a general election
govern the conduct of a special election for the recall of a state public
official. [Ref. AS 15.45.670]
DISPLAY OF STATEMENTS FOR AND AGAINST RECALL
The Director of Elections will provide each election
board in the state or in the senate or house district of the person
subject to recall copies of the statement of the grounds for recall
included in the recall petition. The director also provides each election
board with copies of a statement, no longer than 200 words, made by
the official subject to recall in justification of the official's conduct
in office. The person subject to recall may provide the director with the
statement within 10 days after the date the director gave notification that
the petition was properly filed. Copies are posted in the polling place.
[Ref. AS 15.45.680]
CERTIFICATION OF ELECTION RESULTS
If a majority of the votes cast on the question of
recall favor the removal of the official, the Director of Elections
so certifies and the office is vacant on the day after the date of certification of the election.
[Ref. AS 15.45.690]
RULES FOR FILLING VACANCY
A vacancy caused by a recall is filled as a vacancy
caused by any other means is filled. [Ref. AS 15.45.700]
To write or to discuss this in person, contact:
Lauri Wilson
Division of Elections-
PO Box 110017
Juneau AK 99811-0017
(907) 465-4611
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