Alaska, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Alaska, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

The Constitution of the State of Alaska
Article 11 - Initiative, Referendum, and Recall

1. Initiative and Referendum

The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.

2. Application

An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review. [Amended 1970]
[...]

5. Referendum Election

A referendum petition may be filed only within ninety days after adjournment of the legislative session at which the act was passed. The lieutenant governor shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty days after adjournment of that session. [Amended 1970]

6. Enactment

[...] An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law. [Amended 1970]

Subject Matter:

Approving or rejecting acts of legislature by referendum

Actors

Author:
Citizen
Initiator:
Electorate : Application for a referendum requires more than 100 signatures of qualified voters. After the petition is certified, a summary of the petition by the Lieutenant Governor must be signed by at least 10% of the number of voters who voted in the last general election, by voters in at least three-quarters of the house districts, and by at least seven percent of the number of voters who voted in the last general election in these districts.
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of the number of voters in the last general election
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum for passing the referendum. See "Other formal requirements" for the geographical quorum regarding collecting signatures.
Excluded Issues:

The Constitution of the State of Alaska
Article 11 - Initiative, Referendum, and Recall

§ 7. Restrictions

[...] 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.

Other Formal Requirements:

The Constitution of the State of Alaska
Article 11 - Initiative, Referendum, and Recall

§ 3. Petition

After certification of the application, a petition containing a summary of the subject matter shall be prepared by the lieutenant governor for circulation by the sponsors. If signed by qualified voters who are equal in number to at least ten per cent of those who voted in the preceding general election, who are resident in at least three-fourths of the house districts of the State, and who, in each of those house districts, are equal in number to at least seven percent of those who voted in the preceding general election in the house district, it may be filed with the lieutenant governor. [Amended 1970, 1998 & 2004]

Alaska Statutes

Chapter 15.45. INITIATIVE, REFERENDUM, AND RECALL
Article 01. INITIATIVE

Sec. 15.45.260. Filing application.
A referendum is proposed by filing an application with the lieutenant governor. A deposit of $100 must accompany the application. This deposit shall be retained if a petition is not properly filed. If a petition is properly filed, the deposit shall be refunded.

Sec. 15.45.270. Form of application.
The application must include
(1) the act to be referred;
(2) a statement of approval or rejection;
(3) the printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the act to be referred and the statement of approval or rejection attached; and
(4) the designation of a referendum committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the referendum; the designation must include the name, mailing address, and signature of each committee member.

Sec. 15.45.370. Filing of petition.
The sponsors may file the petition
(1) only if it is signed by qualified voters
(2) only within 90 days after the adjournment of the legislative session at which the act was passed; and
(A) equal in number to 10 percent of those who voted in the preceding general election;
(B) resident in at least three-fourths of the house districts of the state; and
(C) who, in each of the house districts described in (B) of this paragraph, are equal in number to at least seven percent of those who voted in the preceding general election in the house district.

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Sec. 15.45.320. Preparation of petition.
(a) The lieutenant governor shall prepare a sufficient number of sequentially numbered petitions to allow full circulation throughout the state. Each petition must contain
(1) a copy of the act to be referred if the number of words included in both the formal and substantive provisions of the act is 500 or less;
(2) the statement of approval or rejection;
(3) a statement of minimum costs to the state associated with certification of the referendum application and review of the referendum petition, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;
(4) an estimate of the cost to the state of voter approval or rejection of the act;
(5) an impartial summary of the subject matter of the act;
(6) the statement of warning prescribed in AS 15.45.330 ;
(7) 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
(8) other specifications prescribed by the lieutenant governor to ensure proper handling and control.
(b) Upon request of the referendum committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election.

Sec. 15.45.330. Statement of warning.
Each petition shall include a statement of warning that a person who signs a name other than the person's own to the petition, or who knowingly signs more than once for the same proposition at one election, or who signs the petition when knowingly not a qualified voter is guilty of a class B misdemeanor.

Sec. 15.45.360. Certification of circulator.
Before being filed, each petition shall be certified by an affidavit by the person who personally circulated the petition. In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified at the time of filing or corrected before the subscriptions are counted. The affidavit must state in substance
(1) that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.335;
(2) that the person is the only circulator of that petition;
(3) that the signatures were made in the circulator's actual presence;
(4) that, to the best of the circulator's knowledge, the signatures are the signatures of the persons whose names they purport to be;
(5) that, to the best of the circulator's knowledge, the signatures are of persons who were qualified voters on the date of signature;
(6) that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.340 (b);
(7) that the circulator has not violated AS 15.45.340 (c) with respect to that petition; and
(8) whether the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, and, if so, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition.

Wording Of Ballot Question:

Ballot question will be written by the Lieutenant Governor

Interaction With Authorities:


Sec. 15.45.420. Placing proposition on ballot.
The lieutenant governor shall direct the director to place the ballot title and proposition on the election ballot for the first statewide general, special, or primary election held more than 180 days after adjournment of the legislative session at which the act was passed.

Supervision And Support:

Signatures will be verified by the Lieutenant Governor.

Transparency And Finance:

Sec. 15.45.340. Circulation; prohibitions.
(a) The petitions may be circulated throughout the state only in person.
(b) 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.
(c) A person or organization may not knowingly pay, offer to pay, or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition.
[...]

Practice

Archive:
Remarks:

Currentness of data checked Dec. 2016 http://www.legis.state.ak.us/folhome.htm