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State of Alaska > Division
of Election > Petitions
Referendum 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.
REFERENDUM
HOW TO FILE AN APPLICATION
A
referendum is proposed by filing an application with the Lieutenant
Governor in the same manner as an initiative is proposed. 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 referendum petition is considered
properly filed if the Lieutenant Governor certifies the petition for
the ballot.) [Ref. AS 15.45.260]
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 referendum committee representing all sponsors of the referendum.
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 referendum 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 act (i.e., law)
to be referred, attached to the application form
[Ref. AS 15.45.270]
REVIEW
OF APPLICATION
The
Lieutenant Governor must review the application within seven calendar
days after it has been received. After the Department of Law issues an
opinion on content, the Lieutenant Governor either certifies the application
or denies certification. In either case, the referendum committee is
advised of the decision. [Ref. AS 15.45.300]
The Lieutenant Governor denies certification if:
- the application is not
substantially in the required form;
- there is an insufficient
number of qualified sponsors; or
- more than 90 days have
expired since the adjournment of the legislative session at which
the referred act was passed.
[Ref. AS 15.45.310]
PREPARING
THE REFERENDUM PETITION BOOKLETS
If
the application is certified, the petition booklets will be prepared
within seven calendar days. The Division of Elections is responsible
for printing 500 booklets and the initial distribution of the booklets
to the prime sponsors. The prime sponsors distribute petition booklets
to persons who will circulate the petition and gather the required signatures
of registered voters. The booklets will contain:
- a copy of the Act to
be referred (if 500 words or less);
- the statement of approval or rejection;
- an impartial summary
of the subject matter of the act;
- 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 voter approval or rejection of the act;
- a statement of warning
as prescribed in AS 15.45.330;
- 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 Lieutenant Governor.
[Ref. AS 15.45.320]
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
a referendum petition is filed, each petition booklet must be certified
by an affidavit from the sponsor 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; 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 15.45.340(b);
- that the circulator has not violated AS 15.45.340(c) with respect to that petition; and
- whether the circulator has received payment or has agreed to receive payment for collecting signatures
[Ref. AS 15.45.360]
The sponsors must file the
petition within 90 days after the adjournment of the legislative
session at which the Act was passed. [Ref. AS 15.45.370]
The petition must be signed by qualified voters:
- equal in number to
10 percent of those who voted in the preceding general election
(31,451 needed until the 2006 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.
REVIEWING
THE PETITION
The Lieutenant Governor must review a referendum petition within
60 days from the date the petition was 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 15.45.380] If a referendum petition is properly
filed, the $100 deposit is refunded. [Ref. AS 15.45.260]
IMPROPER FILING
A
referendum is improperly filed if:
- there is an insufficient
number of signatures of qualified signers;
- the signers did not
reside in at least three-quarters of the house districts of the
state; or
- the petition was not
filed within 90 days after the adjournment of the legislative session
at which the Act was passed.
[Ref. AS 15.45.390]
FILING
A SUPPLEMENTARY PETITION
If a referendum is improperly filed, the referendum
committee may amend and correct the petition by circulating and filing
a supplementary petition within 10 days of the date that
notice was given by the Lieutenant Governor. However, 90 days must not
have expired since the adjournment of the legislative session at which
the Act was passed. [Ref. AS 15.45.400]
PLACING THE REFERENDUM ON THE BALLOT
The proposition will be placed on the ballot for the
first statewide general, special or primary election that is held more
than 180 days after adjournment of the legislative session at which
the Act was passed. [Ref. AS 15.45.420]
REJECTION OF THE ACT
If a majority of the votes cast on the referendum favor
the rejection of the Act referred, the Act is rejected, and the Lieutenant
Governor shall so certify. The Act rejected by referendum is void 30
days after certification of the election results. [Ref. AS 15.45.440]
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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