Laws governing the initiative process in Alaska
Laws and procedures
Citizens of Alaska may initiate legislation through the process of indirect initiative. In Alaska, successful petitions are first presented to the Alaska State Legislature. If the measure (or an equivalent measure) is not adopted, the law is then placed before voters. In Alaska, citizens also have the power to repeal legislation via veto referendum. Alaska residents may not amend their constitution via initiative or directly initiate legislation. The Alaska State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
In Alaska, each proposed measure must cover only one subject. Such laws are also known as single-subject rules.
See law: Alaska Statutes, Sec. 15.45.040
Subject restrictions
- See also: Subject restrictions (ballot measures)
Petitioners in Alaska may not propose legislation on certain subjects. Initiated laws may not:
- Dedicate revenues
- Make or repeal appropriations
- Create courts
- Define the jurisdiction of courts or prescribe their rules
- Enact local or special legislation
See law: Alaska Constitution, Article XI, Section 7; Alaska statutes, Sec. 15.45.040
Veto referendums on emergency legislation
In Alaska, veto referendums cannot be used on emergency legislation.
See law: Alaska Constitution, Article XI, Section 7
Competing initiatives
Alaska law does not address competing ballot initiatives. No competing measures have been on the Alaska ballot in the past decade.
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition
- See also: Approved for circulation
Alaska is one of several states that requires a certain number of signatures to accompany petition applications. The signatures of at least 100 qualified voters who will serve as sponsors of the ballot measure are required. Along with the signatures, proponents must file a copy of the proposed bill and designate three sponsors to serve as the initiative committee representing the other sponsors. Sponsors must be people who are qualified to vote in Alaska. Proponents must file the application with the lieutenant governor's office and pay a deposit. This deposit is refunded when the petition is properly filed. Once the application is accepted, the Division of Elections prepares petition forms for the proponents to circulate. If additional forms are required, proponents must pay the cost of printing.
See Law: Alaska Statutes, Sec. 15.45.020 - 15.45.030 and Alaska Administrative Code, Title 6, Part 1, Chapter 25.240
Proposal review/approval
- See also: Approved for circulation
After the application has been submitted, the lieutenant governor must verify the application's 100 preliminary signatures. The Alaska Department of Law then reviews the application for legal content and advises the Lieutenant Governor on whether to deny or approve the application. In addition to following the state's subject rules, every proposed law must contain the enacting clause "Be it enacted by the People of the State of Alaska." If these requirements are not met or the application is not in the proper form, the application will be denied. The State of Alaska does not provide proponents with a technical review of the legislation, but will notify sponsors of the grounds for rejecting their application if it is denied. The Lt. Governor has 60 days to review an application.[1]
See law: Alaska Statutes, Sec. 15.45.070 - Sec. 15.45.080
Petition summary
- See also: Starting a petition
The Alaska Lieutenant Governor drafts an impartial summary to appear on the petition forms. Challenges to this summary are filed in the Alaska Superior Court.
See law: Alaska Statutes, Sec. 15.45.090 and Alaska Statutes Sec. 15.45.240
Fiscal review
- See also: Fiscal impact statement
Each petition includes a statement of the cost of reviewing and certifying the petition as well as "an estimate of the cost to the state of implementing the proposed law." This summary is prepared by the Alaska Lieutenant Governor.
See law: Alaska Statutes, Sec. 15.45.090 (4)
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Alaska signature requirements
The number of signatures required to qualify initiated state statutes or veto referendums for the ballot is based on the total number of votes cast in the last general election. For both initiatives and referendums, signatures equal to 10 percent of these votes are required to put the proposal before voters.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year.
| Year | Initiated statute | Veto referendum |
|---|---|---|
| 2024 | 26,705 | 26,705 |
| 2022 | 36,140 | 36,140 |
| 2020 | 28,501 | 28,501 |
| 2018 | 32,127 | 32,127 |
| 2016 | 28,545 | 28,545 |
| 2014 | 30,169 | 30,169 |
| 2012 | 25,875 | 25,875 |
| 2010 | 32,734 | 32,734 |
| 2008 | 23,831 | 23,831 |
See law: Alaska Statutes, Sec. 15.45.140
Distribution requirements
- See also: Distribution requirements
Signatures equal to 7 percent of the total district vote in the last general election must be collected in each of three-fourths of the 40 Alaska House districts.
An older, less restrictive, distribution requirement was changed by a legislatively referred ballot measure on the November 2004 ballot, the Distribution Requirement for Initiatives Act. That measure was approved with 51.7 percent of the vote. The older requirement was that proponents must collect petition signatures from each of two-thirds of Alaska's 40 state House districts--only one voter needed to sign from each of the 27 districts.
See law: Alaska Statutes, Sec. 15.45.140; Alaska Distribution Requirement for Initiatives, Measure 1 (2004)
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Alaska, circulators are permitted to sign the petition that they are circulating.[4] Each initiative petition contains a mandatory circulator affidavit. A circulator is not required to sign these affidavits before a public notary, however he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[5] According to Alaska State Statutes and Codes, Sec. 15.45.105., those circulating petitions are required:[6]
- to be a citizen of the United States
- to be at least 18 years of age or older
- to be a resident of the state as determined under AS 15.05.020.
Once circulation is completed, the signatures are submitted to the lieutenant governor.[7]
See law: Alaska Statutes, Sec. 15.45.105, Alaska Statutes Sec. 15.45.130 and Alaska Statutes Sec. 15.45.140
Pay-per-signature
- See also: Pay-per-signature
As of June 2020, Alaska capped payment on a per-signature basis at $1.00 per signature.
On April 10, 2020, six business organizations filed a legal challenge to Lt. Gov. Kevin Meyer's (R) certification of certain signatures for the ballot initiative. Plaintiffs argued that Vote Yes for Alaska’s Fair Share (Vote Yes) paid signature gatherers in excess of the legal maximum, which was $1.00 per signature. As of 2020, Alaska Statutes 15.45.110(c) read, "A circulator 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 that is greater than $1 a signature, for the collection of signatures on a petition."[8] Vote Yes hired petition-collection firm Advanced Micro Targeting, which offered signature gatherers $3,500 - $4,000 per month for 480 to 600 signatures per week.[9]
Robin Brena, the chairperson of Vote Yes, responded that the law addressed paying circulators for each signature, not paying circulators salaries. He said, "It does not address any other form of payment to circulator. To state the obvious there is no bounty when petition circulators are paid by salary."[10]
On July 16, 2020, Superior Court Judge Thomas A. Matthews dismissed the case. Judge Matthews agreed with the plaintiffs' (six business organizations) interpretation of the law, but stated that Alaska Statutes 15.45.110(c) was unconstitutional. "Petition circulation is core political speech because it involves interactive communication concerning political change, and First Amendment protection for such interaction is therefore at its zenith," wrote Judge Matthews.[11] The Alaska Supreme Court upheld Judge Matthews' ruling on August 31, 2020.[12]
See law: Alaska Statutes, Sec. 15.45.110
Out-of-state circulators
Alaska requires that petition circulators reside in the state. Several similar laws in other states have been overturned, but the US Supreme Court has yet to rule on the matter.
See law: Alaska Statutes, Sec. 15.45.105
Badge requirements
- See also: Badge requirements
Alaska does not require paid or volunteer circulators to be identified as such on petitions or by a badge. Alaska used to require that circulators include their name and paid/volunteer status on petitions during circulation. This earlier law appears to have been changed in response to Buckley v. American Constitutional Law Foundation. While Buckley did not overturn paid/volunteer disclosure requirements, it did forbid states from requiring circulators to provide their names on petitions.
See law: Alaska Statutes, Sec. 15.45.090 and Sec. 15.45.105-110 and Alaska Attorney General Opinion, AG file no: 663-01-0051, September 22, 2000
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Alaska law does mandate that signatures be collected in person.
See law: Alaska Statutes, Sec. 15.45.110
Deadlines for collection
In Alaska, petitioners have one year to collect signatures. They must submit petitions within a year from the day the lieutenant governor has prepared the petitions for the sponsors of the initiative. Signatures must be submitted prior to the start of the legislative session in January. For referendums, signatures must be submitted 90 days after the end of the legislative session in which the law targeted by the referendum was passed.
See law: Alaska Statutes, Sec. 15.45.140
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the appropriate election ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
The Alaska Lt. Governor will verify each signature submitted until the requirement is met.
See law: Alaska Statutes, Sec. 15.45.140
Determining the election
In Alaska, once signatures are verified, the issue must be prepared for the very next statewide general, special, or primary election ballot at least 120 days after the adjournment of the legislative session following the submission of signatures.
See law: Alaska Statutes, Sec. 15.45.180
Ballot title and summary
- See also: Ballot title
The Alaska Lieutenant Governor and Attorney General are responsible for drafting the ballot title and ballot summary. The ballot title may not exceed 25 words. The summary also has a word restriction based on the length of the proposed law. Challenges to either the title or the summary are filed in the Alaska Superior Court.
See law: Alaska Statutes, Sec. 15.45.180 and Alaska Statutes Sec. 15.45.240
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
Alaska ballot initiatives do not require a supermajority for passage.
See law: Alaska Statutes, Sec. 15.45.180
Effective date
Once approved by voters, an initiative becomes law after 90 days.
See law: Alaska Statutes, Sec. 15.45.220
Litigation
- See also: Ballot measure lawsuit news
Any party that wishes to challenge a decision by the Lieutenant Governor during the initiative process must bring action in the Alaska Superior Court with 30 days of decision's announcement.
See law: Alaska Statutes, Sec. 15.45.240
Legislative alteration
- See also: Legislative alteration
The Alaska State Legislature may not repeal a measure for two years following its passage. However, lawmakers can amend the initiated law at any time by a simple majority vote.
See law: Alaska Constitution, Article XI, Section 6
Re-attempting an initiative
Alaska does not limit how soon an initiative can be re-attempted.
See law: Alaska Statutes, Sec. 15.45.040
Funding an initiative campaign
Some of the main features of Alaska's campaign finance laws include:
- Alaska treats groups in support or opposition of a ballot measure differently from other political committees.
- There are two different requirements for filing a statement of organization depending if a measure qualified on the ballot or not.
- There is mandatory disclosure of campaign finance activity if in the event a group fails to get a petition for a ballot measure certified.
- Corporations and labor unions are allowed to donate to campaigns in support or opposition of a ballot measure.
State initiative law
Article XI of the Alaska Constitution addresses initiative, referendum, and recall.
Chapter 15.45 of Title 15 of the Alaska Statutes governs initiative, referendum, and recall.
Footnotes
- ↑ 1.0 1.1 NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ Confirmed with the Alaska Secretary of State office, August 2013
- ↑ Laws.com, "State Statutes and Codes: Alaska - Sec. 15.45.130. - Certification of circulator," accessed August 26, 2013
- ↑ Laws.com, "State Statutes and Codes: Alaska - Sec. 15.45.105. - Qualifications of circulator," accessed August 26, 2013
- ↑ Laws.com, "State Statutes and Codes: Alaska - Sec. 15.45.140. - Filing of petition," accessed August 26, 2013
- ↑ Alaska State Legislature, "Alaska Statutes 15.45.110(c)," accessed July 20, 2020
- ↑ Alaska Superior Court, "Resource Development Council for Alaska et al. v. Meyer," April 10, 2020
- ↑ Alaska Journal of Commerce, "Salary for signatures argued in oil tax initiative lawsuit," July 8, 2020
- ↑ Alaska Superior Court, "Resource Development Council for Alaska et al. v. Meyer," July 16, 2020
- ↑ Alaska's Fair Share, "Ballot Measure 1 Scores Another Victory as Supreme Court Rejects Signature Lawsuit," accessed February 11, 2021
 |
State of Alaska Juneau (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Alaska. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
|
2021
|
2020
|
2019
|
2018
|
2017
|
2016
|
2015
|
2014
The following bills were introduced in the Alaska State Legislature:
|
2013
|
2012
|
2011
The following bills were introduced in the Alaska State Legislature:
|
2010
The following bills were introduced in the Alaska Legislature:
|
| ||||||||||||||||||||||||||||||||
|
State of Alaska Juneau (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
