Alaska Initiative and Referendum.

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Article 2. Initiative and Referendum.

Sec. 29.26.100. Reservation of powers.
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. (§ 9 ch 74 SLA 1985)

Sec. 29.26.110. Application for petition.

• (a) An initiative or referendum is proposed by filing an application with the municipal clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petition may be sent. An application shall be signed by at least 10 voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter
  • (1) is not restricted by AS 29.26.100;
  • (2) includes only a single subject;
  • (3) relates to a legislative rather than to an administrative matter; and
  • (4) would be enforceable as a matter of law.
• (b) A decision by the clerk on an application for petition is subject to judicial review. (§ 9 ch 74 SLA 1985; am § 9 ch 80 SLA 1989)
  • Effect of amendments. —** The 1989 amendment, effective August 30, 1989, substituted "name and address of a contact person and an alternate to whom" for "address to which" in the first sentence in subsection (a).

Sec. 29.26.120. Contents of petition.

• (a) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the municipal clerk. Each copy of the petition shall contain
  • (1) a summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred;
  • (2) the complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors;
  • (3) the date on which the petition is issued by the clerk;
  • (4) notice that signatures must be secured within 90 days after the date the petition is issued;
  • (5) spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer;
  • (6) a statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
  • (7) space for indicating the total number of signatures on the petition.
• (b) If a petition consists of more than one page, each page must contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred.
• (c) The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. (§ 9 ch 74 SLA 1985; am § 10 ch 80 SLA 1989)

Effect of amendments.
The 1989 amendment, effective August 30, 1989, in subsection (c), added the first and second sentences and in the present third sentence inserted "by the clerk" and substituted the language beginning "who appears in the clerk's office" for "by the clerk."

Sec. 29.26.130. Signature requirements.

• (a) The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition. The statement provided under AS 29.26.120(a)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil.
• (b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e) of this section, a petition shall be signed by a number of voters based on the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available, equal to
  • (1) 25 percent of the votes cast if a municipality has fewer than 7,500 persons; or
  • (2) 15 percent of the votes cast if a municipality has 7,500 persons or more.
• (c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected.
• (d) A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition.
• (e) If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a municipality, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters based on the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available equal to
  • (1) 25 percent of the votes cast if the area has fewer than 7,500 persons; or
  • (2) 15 percent of the votes cast if the area has 7,500 persons or more. (§ 9 ch 74 SLA 1985; am §§ 11, 12 ch 80 SLA 1989)
  • Effect of amendments**. — The 1989 amendment, effective August 30, 1989, rewrote the introductory clause of subsection (b) and added subsection (e).

Sec. 29.26.140. Sufficiency of petition.

• (a) All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within 10 days after the date the petition is filed, the municipal clerk shall
  • (1) certify on the petition whether it is sufficient; and
  • (2) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
• (b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected.
• (c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (b) of this section. Within 10 days after a supplementary filing the clerk shall re-certify the petition. If it is still insufficient, the petition is rejected and filed as a public record. (§ 9 ch 74 SLA 1985; am § 13 ch 80 SLA 1989)
  

Effect of amendments.
The 1989 amendment, effective August 30, 1989, substituted "contact person" for "sponsors at the address provided under AS 29.26.110(a)" in paragraph (2) of subsection (a).

Sec. 29.26.150. Protest.
If the municipal clerk certifies an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the mayor within seven days after the certification. The mayor shall present the protest at the next regular meeting of the governing body. The governing body shall hear and decide the protest. (§ 9 ch 74 SLA 1985)

Sec. 29.26.160. New petition.
Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. (§ 9 ch 74 SLA 1985)

Sec. 29.26.170. Initiative election.

• (a) Unless substantially the same measure is adopted, when a petition seeks an initiative vote , the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after the certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled , but not sooner than 60 days after certification of the petition.
• (b) If the governing body adopts substantially the same measure, the petition is void **,** and the matter initiated may not be placed before the voters.
• (c) The ordinance or resolution initiated shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted.
• (d) If a majority vote favors the ordinance or resolution, it becomes effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. (§ 9 ch 74 SLA 1985; §§ 1, 2 ch 3 SLA 2005)

Effect of amendments.
The 2005 amendments, effective June 20, 2005, amended subsection (a) to remove the special election mandate and authorize a best interest determination on whether to hold a special election on a certified initiative petition, order a special election by ordinance, change the time line for conducting an election on an initiative petition, and made stylistic changes to subsection (b).

Sec. 29.26.180. Referendum election.

• (a) Unless the ordinance or resolution is repealed, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled , but not sooner than 60 days after certification of the petition.
• (b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the governing body may not enact an ordinance or resolution substantially similar to the suspended measure.
• (c) If the governing body repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters.
• (d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. (§ 9 ch 74 SLA 1985; §3 ch 3 SLA 2005)
  

Effect of amendments.
The 2005 amendment, effective June 20, 2005, amended subsection (a) to remove the special election mandate and authorize a best interest determination on whether to hold a special election on a certified referendum petition, order a special election by ordinance, and change the timeline for conducting an election on a referendum petition.

Sec. 29.26.190. Effect.

• (a) 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.
• (b) If an ordinance or resolution is repealed in a referendum election or by the governing body after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the governing body for a period of two years.
• (c) If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. (§ 9 ch 74 SLA 1985)

References

This can be found at the Alaska government