Laws governing local ballot measures in Alaska

Laws Governing Local Ballot Measures

State-by-State Laws Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Alaska Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV
Ordinances
1 • 2 • 3
Amendments

All boroughs and cities in Alaska make the initiative process available for local ballot measures.

This article sets out the laws governing local ballot measures in Alaska. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Note that Alaska is one of twenty-four states that allow the initiative process at the statewide level.

Types of local government

Local government in Alaska consists of:

• Organized boroughs: the entire state of Alaska is divided into 18 organized boroughs and 1 unorganized borough. 6 of the organized boroughs are consolidated with a particular city and operate as a unified government.

The organized boroughs of Alaska are:

Aleutians East Borough, Bristol Bay Borough, City & Borough of Juneau, City & Borough of Sitka, City & Borough of Wrangell, City & Borough of Yakutat, Denali Borough, Fairbanks Northstar Borough, Haines Borough, Kenai Peninsula Borough, Ketchikan Gateway Borough, Kodiak Island Borough, Lake and Peninsula Borough, Matanuska-Susitna Borough, Municipality of Anchorage, Municipality of Skagway, North Slope Borough, Northwest Arctic Borough

• Cities: as of February, 2000 Alaska had 145 city governments.

Federal laws allowed the incorporation of cities in Alaska beginning in 1900. The first city government incorporated in Alaska was the City of Skagway. On June 5, 2007, voters approved dissolution of the City of Skagway and instead incorporated it as the first first-class borough in the State of Alaska.

• In addition, there are 15 special districts.

Further classifications

Boroughs may be classified as:

• First class borough.
• Second class borough.
• Third class borough.
• Home rule charter borough.

Any general law borough may adopt and operate under a home rule charter.

The following boroughs operate under a home rule charter (with the year of charter adoption):

Municipality of Anchorage (1975), Denali Borough (1990), City and Borough of Juneau (1970), Lake and Peninsula Borough (1989), North Slope Borough (1974), Northwest Arctic Borough (1987), City and Borough of Sitka (1971), City and Borough of Yakutat (1992), Haines Borough (2002), City and Borough of Wrangell (2008)

Cities in Alaska are classified as:

• First class city.
• Second class city.
• Home rule charter city.

Only first class cities may adopt a home rule charter. To incorporate as a home rule or first class city, a community must have at least 400 permanent residents.

The following cities operate under a home rule charter (with the year of charter adoption in parentheses):

Cordova (1960), Fairbanks (1960), Kenai (1963), Ketchikan (1960), Kodiak (1965), Nenana (1982), North Pole (1970), Palmer (1962), Petersburg (1960), Seward (1960), Valdez (1961)

Alaska's first and second class cities are general law cities. The laws that govern their powers, duties and functions are defined by state law. A home rule city may exercise all legislative powers not prohibited by law or by charter.

School districts

Ballot Law Portal

Laws Governing Ballot Measures

See also: School bond and tax elections in Alaska

There are no school bond and tax elections in Alaska. All approval of school construction projects and bonding is approved by the Alaska Department of Education and Early Development.

Local recall rules

A guide to local ballot initiatives

The recall of local government officials in Alaska is governed by Alaska Statute 29.26.240 through 29.26.360.

These statutes apply to:

• "An official who is elected or appointed to an elective municipal office."
• Members of public school district school boards in the state.

Alaska's municipal governments include both home rule and charter governments, and the local recall law explicitly says that the state statute for local recall governs both "home rule and general law municipalities."

For additional detail, see: Laws governing recall in Alaska

Initiative process availability

An initiative process is available in:

• All general law cities, which have a mandated initiative process for ordinances.
• All 11 charter cities, which must include initiative for ordinances in the charter. Charters may also permit initiative for charter amendments.
• All general law boroughs, which have a mandated initiative process for ordinances.
• All 10 charter boroughs which must include initiative for ordinances in the charter. Charters may also permit initiative for charter amendments.

Authority

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Constitution

Alaska Constitution, Article X, Section 9, 10, and 11 authorize the adoption of home rule charters. Section 11 states "A home rule borough or city may exercise all legislative powers not prohibited by law or by charter."

Statutes

The ability of Alaskans to use the initiative process in general law municipalities in the state is set forth in Alaska's State Statute 29.26.100, which says, "The powers of initiative and referendum are reserved to the residents of municipalities, except the powers do not extend to matters restricted by art. XI, Sec. 7 of the state constitution."

In charter municipalities, the charters must provide for initiative under Alaska Statute 29.10.030, which says, "A home rule charter shall provide procedures for initiative and referendum. A charter may not require an initiative or referendum petition to have a number of signatures greater than 25 percent of the total votes cast in the municipality at the last regular election. A charter may not permit the initiative and referendum to be used for a purpose prohibited by art. XI, Sec. 7 of the state constitution."

Alaska Statute 29.10.100 states that "A home rule charter may be amended as provided in the charter, except that no amendment is effective unless ratified by the voters." Some charters allow amendment by initiative, while others do not.

Initiative process features

The initiative process for general law cities is detailed in the Alaska Statutes 29.26.110-29.26.190.

Ordinance Initiative Process   Subject restrictions Section 7 of Article XI of the Alaska Constitution places restrictions on what kind of political topics can be addressed in statewide and local ballot measures. Section 7 requires that: "The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety." Petition text approval Petition sponsors file their application with the municipal clerk, including the name and address of one contact and one alternate and the signatures of at least 10 sponsors. The clerk must approve and prepare the petition for circulation within 2 weeks. Final approval is subject to judicial review. (Alaska Stat. 29.26.110) Signatures required If the population is over 7500: 15% of votes cast in last general election. If the population is under 7500: 25% of votes cast in last general election. (Alaska Stat. 29.26.130) Circulation Petitioners have 90 days for circulation. (Alaska Stat. 29.26.120, 130). Petitioners must be registered "sponsors" with the municipal clerk. (Alaska Stat. 29.26.120(6)) Sponsors can be added with the clerk up until filing of the petition. (Alaska Stat. 29.26.110) Petition appearance and content The petition is prepared by the municipal clerk following approval for circulation. The appearance and format of the petition is governed by Alaska Statute 29.26.120. Approval process The approval process is indirect. If the governing body adopts substantially the same measure (or repeals a referred measure), the petition is void, and the initiative may not be placed before the voters. Otherwise the petition goes up for an election. (Alaska Stat. 29.26.170, 180) Scheduling an election and adoption of measure An election is held on the initiative if the governing body does not adopt substantially the same measure. An election is held on the referendum if the governing body does not repeal the targeted ordinance or resolution. The election must be at least 60 days after certification. If no previously scheduled election is scheduled from 60-75 days out, the municipal government decides whether to schedule a special election or put it on the next regular election ballot. A simple majority vote passes the measure. (Alaska Stat. 29.26.170 and 29.26.170) "Hands off" provision The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed. (Alaska Stat. 29.26.190)

Initiative process in the top 10 most populated cities

7 of the 10 municipalities below are governed by a home rule charter. Charter municipalities may differ from the state statutes and set their own requirements for initiative. The information below comes from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. In addition, Alaska Statute 29.10.200 lists the limitation of home rule powers of charter municipalities.

Individual city provisions   Anchorage Population as of the July 2011 census update: 295,570. Anchorage is a consolidated city-borough government with charter. Anchorage grants initiative for ordinances and charter amendment. The signature requirement is 10% of the voters who cast ballots at the last regular mayoral election. Petitioners must first file an application for a petition on a form prescribed and provided by the municipal clerk. Anchorage Code, Sec. 2.50 contains the required content. After review of the application, the clerk issues blank petitions. Signatures on the petition must be secured within 90 days from the date when circulation began. The council shall submit the measure to the voters at the next regular election held at least 45 days after certification of the petition. Except for ordinances, an initiative petition is void if the assembly enacts substantially the same measure prior to the election. The assembly may not repeal or substantially alter an ordinance enacted by initiative within two years after certification of the election. Restrictions: Initiative is not available for ordinances establishing budgets, fixing mill levies, authorizing the issuance of bonds, or appropriating funds. (Anchorage Charter, Sec. 3.02) Anchorage Charter, Sec. 3.02, Art. XVIII; Anchorage Code Chap. 250 Juneau Population as of the July, 2011 census update: 32,164. Juneau is a consolidated city-borough government with charter. Juneau grants initiative for ordinances and charter amendments. The signature requirement is 25% of the votes cast in the municipality at the preceding regular municipal election. Any 5 qualified municipal voters may commence initiative proceedings by filing with the clerk an affidavit stating they will constitute the petitioners committee. After the initial affidavit is filed the clerk issues petition sheets. The required content and formatting for the initial affidavit and petitions are detailed in the charter and code. Petitions must be filed within 30 days from issuance. For ordinances, the assembly has 45 days to pass or shall submit the proposed measure at the next regular election, or, if already scheduled, a special election occurring no sooner than 90 days thereafter. If no regular election is scheduled within 75 days, the assembly may call a special election. For charter amendments, the assembly shall submit the proposed measure at an election held not less than 60 days and not more than 120 days after the amendment has been proposed; if no general election is scheduled in that frame a special election will be called. Restrictions: Initiative is not available for ordinances establishing budgets, fixing mill levies, or ordinances or other measures appropriating funds (Juneau Charter, Sec. 7.1) Juneau Charter, Art. VII, Art. XIV; Juneau Code Chap. 29.10 Fairbanks Population as of the July, 2011 census update: 32,036. Fairbanks is a home rule charter city. Fairbanks grants initiative for ordinances and charter amendments. The signature requirement for ordinances is 15% of the votes cast in the preceding regular election; for charter amendments, it is 25%. To begin an initiative, 10 qualified voters file an application with the clerk for legal review. After review of the application, the clerk issues the petitions. The required content and formatting for the initial application and petitions are detailed in the charter and code. Sponsors circulating petitions shall be at least 18 years old and residents of the City of Fairbanks and shall affirm the same in the affidavit form supplied by the city clerk. Petitions must be filed within 90 days from issuance. For ordinances, the council shall place them on the ballot for the next regular election or at a special election, if already scheduled and occurring not sooner than 60 days after certification of the petition. If no election is scheduled within 75 days the council may order a special election be held on the matter, but not sooner than 60 days after certification of the petition. If, before the election, the council adopts substantially the same measure the petition shall be void. Proposed charter amendments shall be submitted at the first regular election held more than 30 days following the filing of the petition. Fairbanks Charter, Art. XII, Art. XIV; Fairbanks Code Chap. 23 Sitka Population as of the July, 2011 census update: 8,952. Sitka is a consolidated city-borough government with charter. Sitka grants initiative for ordinances. The signature requirements is 20% of the total number of electors voting at the last regular annual election. An initial application shall be filed with the clerk for review. The clerk then issues the petitions. The required content and formatting for the initial application and petitions are detailed in the charter and code. Signatures on the petition must be secured within 90 days from the date when circulation begins. The assembly may, at any time not less than 45 or more than 90 days prior to the date of the election, adopt an ordinance or resolution to implement the petition. If this happens, an election shall not be held. Otherwise, the ordinance shall be submitted to the voters at the next previously scheduled municipal special or regular election that will be held at least 40 days after certification of the petition. However, if the petition contains signatures equal to or greater than 1/3 of the number of electors voting at the last regular annual election, a special election must be held within 40-90 days. The assembly may not, within one year, act in any way to modify or negate the effect of a successful initiative. Sitka Charter, Art. VI Sitka Code Sec. 2.40.040,050 Ketchikan Population as of the July, 2011 census update: 8,119. Ketchikan is a home rule charter city. Ketchikan grants initiative for ordinances and charter amendments. The signature requirement is 25% of the total votes cast at the immediately preceding regular city election. A copy of the petition shall be filed with the city clerk before copies are circulated for signatures. If only a summary appears on the petition, petitioners must file the full text with the clerk. Completed petitions must be filed within one month of the initial filing with the city clerk. After certification, the city clerk shall submit the measure on the ballot for the next regular or special city election held not less than two months after the final determination of the legality and sufficiency of the petition. The petition shall be void if the council enacts an ordinance substantially the same as the one in the petition at least one month before the election. If the measure goes to a special election, the number of votes cast at the election must be at least 50% of the number of the votes cast at the last regular municipal election for the measure to pass. The council may not, within two years after the election, repeal an initiated ordinance which has been enacted. Restrictions: Ordinances granting, extending or renewing franchises for public utilities shall not be subject to the initiative. Ketchikan Charter, Art. XI, XIII Ketchikan Code Sec. 1.08.890 Wasilla Population as of the July, 2011 census update: 8,092. Wasilla is a general law city. As a general law city, Wasilla is bound by the state statues regarding initiative. The process requirements for all general law cities are provided above. Kenai Population as of the July, 2011 census update: 7,218. Kenai is a home rule charter city. Kenai grants initiative for ordinances and charter amendments. The signature requirement is 25% of the total votes cast at the immediately preceding regular city election. A copy of the petition shall be filed with the city clerk before copies are circulated for signatures. Completed petitions must be filed within one month of the initial filing with the city clerk. After certification, the clerk shall place the question on the ballot for the next regular or special city election held not less than two months after final determination of the legality and sufficiency of the petition. The petition shall be void if the council enacts an ordinance substantially the same as the one in the petition at least one month before the election. Restrictions: Ordinances granting, extending, renewing, or amending franchises for public utilities and ordinances regulating compensation or days and hours of work of appointive personnel shall not be subject to the initiative. (Kenai Charter, Sec. 11.1) Kenai Code Sec. 6.20.010 Kodiak City Population as of the July, 2011 census update: 6,256. Kodiak City is a home rule charter city. Kodiak City grants initiative for ordinances and charter amendments. The signature requirement is 25% of the number of qualified votes cast at the last regular city election. Prior to circulation, 10 voters file an application with the city clerk. The clerk then prepares the blank petitions. Content and formatting requirements are detailed in the city charter and code. Signatures must be secured and filed within 35 days of petition issuance. After certification, the measure shall be submitted to the voters at the next regular election or, if already scheduled, a special election occurring not sooner than 60 days after the certification of the petition. If no election is scheduled to occur within 75 days after certification of the petition the council may hold a special election, but not sooner than 60 days after certification of the petition. If the city council, prior to the election, adopts substantially the same measure sought to be initiated, the petition is void and the matter shall not be placed before the voters. If the measure goes to a special election, the number of votes cast at the election must be at least 50% of the number of the votes cast at the last regular municipal election for the measure to pass. Restrictions: Ordinances granting, extending, or renewing franchises for public utilities shall not be subject to the initiative. (Kodiak Charter, Art. XI, Sec. 1) Kodiak City Charter, Art. XI, XIII; Kodiak City Code Chap. 2.22 Bethel Population as of the July, 2011 census update: 6,219. Bethel is a general law city. As a general law city, Bethel is bound by the state statues regarding initiative. The process requirements for all general law cities are provided above. Palmer Population as of the July, 2011 census update: 6,122. Palmer is a general law city. As a general law city, Palmer is bound by the state statues regarding initiative. The process requirements for all general law cities are provided above.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Alaska
• Boroughs in Alaska
• Cities in Alaska

External links

• Research document of Alaska local I&R laws
• Alaska Municipal League