AS Title 15, Chapter 45: Initiative, Referendum, and Recall
This chapter sets out how initiative, referendum, and recall petitions are filed, reviewed, circulated, and put to voters in Alaska.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- United States — Alaska
- Instrument
- Act or statute
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Citation provenance: source:global:stored-legal-sources · schema StatuteEnrichmentPublicV1.
Statute overview
About this statute
This page preserves the statute’s identified version, provision structure, official source link, and stored legal text for reading and research.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of AS Title 15, Chapter 45: Initiative, Referendum, and Recall
Showing 1 of 1
- § Verify source ↗
AS Title 15, Chapter 45: Initiative, Referendum, and Recall
AI-assisted research summary: This chapter sets out how initiative, referendum, and recall petitions are filed, reviewed, circulated, and put to voters in Alaska.
Article 1. Initiative. Chapter 45. Initiative, Referendum, and Recall. Sec. 15.45.010. Provision and scope for use of the initiative. The law-making powers assigned to the legislature may be exercised by the people through the initiative. However, an initiative may not be proposed to dedicate revenue, to make or repeal appropriations, to create courts, to define the jurisdiction of courts or prescribe their rules, or to enact local or special legislation. Sec. 15.45.020. Filing application. An initiative 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. 15.45.030. Form of application. The application must include the (1) proposed bill; (2) 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 proposed bill attached; and (3) designation of an initiative committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the initiative; the designation must include the name, mailing address, and signature of each committee member. Sec. 15.45.040. Form of proposed bill. The proposed bill shall be in the following form: (1) the bill shall be confined to one subject; (2) the subject of the bill shall be expressed in the title; (3) the enacting clause of the bill shall be: Be it enacted by the People of the State of Alaska; (4) the bill may not include subjects restricted by AS 15.45.010 . Sec. 15.45.050. Manner of notice. Notice to the initiative committee on any matter pertaining to the application and petition may be served on any member of the committee in person or by mail addressed to a committee member as indicated on the application. Sec. 15.45.060. Designation of sponsors. The qualified voters who subscribe to the application in support of the proposed bill are designated as sponsors. The initiative committee may designate additional sponsors by giving written notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated. Sec. 15.45.070. Review of application for certification. Within 60 calendar days after the date the application is received, the lieutenant governor shall review the application and shall either certify it or notify the initiative committee of the grounds for denial. Sec. 15.45.080. Bases of denial of certification. The lieutenant governor shall deny certification upon determining in writing that (1) the proposed bill to be initiated is not confined to one subject or is otherwise not in the required form; (2) the application is not substantially in the required form; or (3) there is an insufficient number of qualified sponsors. Sec. 15.45.090. Preparation of petition. (a) If the application is certified, 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 proposed bill; (2) an impartial summary of the subject matter of the bill; (3) 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; (4) an estimate of the cost to the state of implementing the proposed law; (5) the statement of warning prescribed in AS 15.45.100 ; (6) 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 (7) other specifications prescribed by the lieutenant governor to ensure proper handling and control. (b) Upon request of the initiative committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election. Sec. 15.45.100. Statement of warning. Each petition shall include a statement of warning that a person who signs a name other than the person's own on 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. 15.45.105. Qualifications of circulator. To circulate a petition booklet, a person shall be (1) a citizen of the United States; (2) 18 years of age or older; and (3) a resident of the state as determined under AS 15.05.020 . Sec. 15.45.110. Circulation of petition; prohibitions and penalty. (a) The petitions may be circulated throughout the state only in person. (b) [Repealed, § 92 ch 82 SLA 2000.] (c) 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. (d) 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. (e) A person or organization that violates (c) or (d) of this section is guilty of a class B misdemeanor. (f) In this section, (1) organization has the meaning given in AS 11.81.900 ; (2) other valuable thing has the meaning given in AS 15.56.030 (d); (3) person has the meaning given in AS 11.81.900 . Sec. 15.45.120. Manner of signing and withdrawing name from petition. Any qualified voter may subscribe to the petition by printing the voter's name, a numerical identifier, and an address, by signing the voter's name, and by dating the signature. A person who has signed the initiative petition may withdraw the person's name only by giving written notice to the lieutenant governor before the date the petition is filed. Sec. 15.45.130. 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 15.45.105 ; (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 15.45.110 (c); (7) that the circulator has not violated AS 15.45.110 (d) 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. Sec. 15.45.140. Filing of petition. (a) The sponsors must file the initiative petition within one year from the time the sponsors received notice from the lieutenant governor that the petitions were ready for delivery to them. The petition may be filed with the lieutenant governor only if it meets all of the following requirements: it is signed by qualified voters (1) equal in number to 10 percent of those who voted in the preceding general election; (2) resident in at least three-fourths of the house districts of the state; and (3) 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. (b) If the petition is not filed within the one-year period provided for in (a) of this section, the petition has no force or effect. Sec. 15.45.150. Review of petition. Within not more than 60 days of the date the petition was filed, the lieutenant governor shall review the petition and shall notify the initiative committee whether the petition was properly or improperly filed, and at which election the proposition shall be placed on the ballot. Sec. 15.45.160. Bases for determining the petition was improperly filed. The lieutenant governor shall notify the committee that the petition was improperly filed upon determining that (1) there is an insufficient number of qualified subscribers; (2) the subscribers were not resident in at least three-fourths of the house districts of the state; or (3) there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section. Sec. 15.45.170. Submission of supplementary petition. [Repealed, § 7 ch 80 SLA 1998.] Sec. 15.45.180. Preparation of ballot title and proposition. (a) If the petition is properly filed, the lieutenant governor, with the assistance of the attorney general, shall prepare a ballot title and proposition. The ballot title shall, in not more than 25 words, indicate the general subject of the proposition. The proposition shall give a true and impartial summary of the proposed law. The total number of words used in the summary may not exceed the product of the number of sections in the proposed law multiplied by 50. In this subsection, section means a provision of the proposed law that is distinct from other provisions in purpose or subject matter. (b) The proposition prepared under (a) of this section shall comply with AS 15.80.005 and shall be worded so that a Yes vote on the proposition is a vote to enact the proposed law. Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall direct the director to place the ballot title and proposition on the election ballot of the first statewide general, special, special primary, or primary election that is held after (1) the petition has been filed; (2) a legislative session has convened and adjourned; and (3) a period of 120 days has expired since the adjournment of the legislative session. Sec. 15.45.195. Public hearings. (a) At least 30 days before the election at which an initiative is to appear on the ballot, the lieutenant governor or a designee of the lieutenant governor shall hold two or more public hearings concerning the initiative in each judicial district of the state. Each public hearing under this section shall include the written or oral testimony of one supporter and one opponent of the initiative. (b) The lieutenant governor shall provide reasonable notice of each public hearing required under this section. The notice must include the date, time, and place of the hearing. The notice may be given using print or broadcast media. The lieutenant governor shall provide notice in a consistent fashion for all hearings required under this section. (c) Penalties for a violation of this section may not include removal of an initiative from the ballot. (d) If the lieutenant governor determines that it is technologically and economically feasible, the division shall provide a live audio and video broadcast of each hearing held under (a) of this section on the division's Internet website. Sec. 15.45.200. Display of proposed law. The director shall provide each election board with at least five copies of the proposed law being initiated, and the election board shall display at least one copy of the proposed law in a conspicuous place in the room where the election is held. Sec. 15.45.210. Determination of void petition. If the lieutenant governor, with the formal concurrence of the attorney general, determines that an act of the legislature that is substantially the same as the proposed law was enacted after the petition had been filed, and before the date of the election, the petition is void and the lieutenant governor shall so notify the committee. Sec. 15.45.220. Adoption and effective date of proposed law. If a majority of the votes cast on the initiative proposition favor its adoption, the proposed law is enacted, and the lieutenant governor shall so certify. The act becomes effective 90 days after certification. Sec. 15.45.230. Insufficiency of application or petition. [Repealed, § 7, ch 80 SLA 1998.] Sec. 15.45.240. Judicial review. Any person aggrieved by a determination made by the lieutenant governor under AS 15.45.010 15.45.220 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of the determination was given. Sec. 15.45.245. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed on the lieutenant governor by AS 15.45.010 15.45.240 to the director. Article 2. Referendum. Sec. 15.45.250. Provision and scope of use of referendum. The people may approve or reject acts of the legislature by referendum. However, a referendum may not be applied to dedication of revenue, to an appropriation, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety. 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. 15.45.280. Manner of notice. Notice to the referendum committee on any matter pertaining to the application and petition may be served on any member of the committee in person or by mail addressed to a committee member as indicated on the application. Sec. 15.45.290. Designation of sponsors. The qualified voters who subscribe to the application in support of the referendum are designated as sponsors. The referendum committee may designate additional sponsors by giving notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated. Sec. 15.45.300. Time of review of application for certification. Within seven calendar days after the date the application is received, the lieutenant governor shall review the application and shall either certify it or notify the referendum committee of the grounds for denial. Sec. 15.45.310. Bases of denial of certification. The lieutenant governor shall deny certification upon determining that (1) the application is not substantially in the required form; (2) there is an insufficient number of qualified sponsors; or (3) more than 90 days have expired since the adjournment of the legislative session at which the act being referred was passed. 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. 15.45.335. Qualifications of circulator. To circulate a petition booklet, a person shall be (1) a citizen of the United States; (2) 18 years of age or older; and (3) a resident of the state as determined under AS 15.05.020 . 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. (d) A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor. (e) In this section, (1) organization has the meaning given in AS 11.81.900 ; (2) other valuable thing has the meaning given in AS 15.56.030 ; (3) person has the meaning given in AS 11.81.900 . Sec. 15.45.350. Manner of signing and withdrawing name from petition. Any qualified voter may subscribe to the petition by printing the voter's name, a numerical identifier, and an address, by signing the voter's name, and by dating the signature. A person who has signed the referendum petition may withdraw the person's name only by giving written notice to the lieutenant governor before the date the petition is filed. 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. 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. Sec. 15.45.380. Review of petition. Within not more than 60 days of the date the petition was filed, the lieutenant governor shall review the petition and shall notify the committee whether the petition was properly or was improperly filed and at which election the proposition shall be placed on the ballot. Sec. 15.45.390. Bases for determining the petition was improperly filed. The lieutenant governor shall notify the committee that the petition was improperly filed upon determining that (1) there is an insufficient number of qualified subscribers; (2) the subscribers were not resident in at least three-fourths of the house districts of the state; (3) there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section; or (4) the petition was not filed within 90 days after the adjournment of the legislative session at which the act was passed. Sec. 15.45.400. Submission of supplementary petition. Upon receipt of notice that the filing of the petition was improper, the committee may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed. Sec. 15.45.410. Preparation of ballot title and proposition. (a) The lieutenant governor, with the assistance of the attorney general, shall prepare a ballot title and proposition upon determining that the petition is properly filed. The ballot title shall, in not more than 25 words, indicate the general subject area of the act. The proposition shall, in not more than 50 words for each section, give a true and impartial summary of the act being referred. In this subsection, section means each section of the Alaska Statutes created, amended, or repealed in the Act, and each section of the Act that does not create or amend codified law. (b) The proposition prepared under (a) of this section shall comply with AS 15.80.005 and shall be worded so that a Yes vote on the proposition is a vote to reject the act referred. 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, special primary, or primary election held more than 180 days after adjournment of the legislative session at which the act was passed. Sec. 15.45.430. Display of act being referred. The director shall provide each election board with at least five copies of the act being referred, and the election board shall display at least one copy of the act in a conspicuous place in the room where the election is held. Sec. 15.45.440. Rejection of act. If a majority of the votes cast on the referendum proposition 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. Sec. 15.45.450. Insufficiency of application or petition. A referendum submitted to the voters may not be held void because of the insufficiency of the application or petition by which the submission was procured. Sec. 15.45.460. Judicial review. Any person aggrieved by any determination made by the lieutenant governor under AS 15.45.250 15.45.450 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of the determination was given. Sec. 15.45.465. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed upon the lieutenant governor by AS 15.45.250 15.45.460 to the director. Article 3. Recall. Sec. 15.45.470. Provision and scope for use of recall. The governor, the lieutenant governor, and members of the state legislature are subject to recall by the voters of the state or the political subdivision from which elected. Sec. 15.45.480. Filing application. The recall of the governor, lieutenant governor, or a member of the state legislature is proposed by filing an application with the director. 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. 15.45.490. Time of filing application. An application may not be filed during the first 120 days of the term of office of any state public official subject to recall. Sec. 15.45.500. Form of application. The application must include (1) the name and office of the person to be recalled; (2) the grounds for recall described in particular in not more than 200 words; (3) the printed name, the signature, the address, and a numerical identifier of qualified voters equal in number to 10 percent of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled, 100 of whom will serve as sponsors; each signature page must include a statement that the qualified voters signed the application with the name and office of the person to be recalled and the statement of grounds for recall attached; and (4) the designation of a recall committee consisting of three of the qualified voters who subscribed to the application and shall represent all sponsors and subscribers in matters relating to the recall; the designation must include the name, mailing address, and signature of each committee member. Sec. 15.45.510. Grounds for recall. The grounds for recall are (1) lack of fitness, (2) incompetence, (3) neglect of duties, or (4) corruption. Sec. 15.45.515. Designation of sponsors. The qualified voters who subscribe to the application in support of the recall are designated as sponsors. The recall committee may designate additional sponsors by giving notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated. Sec. 15.45.520. Manner of notice. Notice on all matters pertaining to the application and petition may be served on any member of the recall committee in person or by mail addressed to a committee member as indicated on the application. Sec. 15.45.530. Notice of the number of voters. The director, upon request, shall notify the recall committee of the official number of persons who voted in the preceding general election in the state or in the senate or house district of the official to be recalled. Sec. 15.45.540. Review of application for certification. The director shall review the application and shall either certify it or notify the recall committee of the grounds of refusal. Sec. 15.45.550. Bases of denial of certification. The director shall deny certification upon determining that (1) the application is not substantially in the required form; (2) the application was filed during the first 120 days of the term of office of the official subject to recall or within less than 180 days of the termination of the term of office of any official subject to recall; (3) the person named in the application is not subject to recall; or (4) there is an insufficient number of qualified subscribers. Sec. 15.45.560. Preparation of petition. (a) The director shall prepare a sufficient number of sequentially numbered petitions to allow full circulation throughout the state or throughout the senate or house district of the official sought to be recalled. Each petition must contain (1) the name and office of the person to be recalled; (2) the statement of the grounds for recall included in the application; (3) a statement of minimum costs to the state associated with certification of the recall application, review of the recall petition, and conduct of a special election, 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 recalling the official; (5) the statement of warning required in AS 15.45.570 ; (6) 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 (7) other specifications prescribed by the director to ensure proper handling and control. (b) Upon request of the recall committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election in the state or in the district of the official sought to be recalled by the recall committee. Sec. 15.45.570. Statement of warning. Each petition must 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 while knowingly not a qualified voter, is guilty of a class B misdemeanor. Sec. 15.45.575. Qualifications of circulator. To circulate a petition booklet, a person shall be (1) a citizen of the United States; (2) 18 years of age or older; and (3) a resident of the state as determined under AS 15.05.020 . Sec. 15.45.580. Circulation; prohibitions. (a) The petitions may be circulated only in person throughout the state. (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. (d) A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor. (e) In this section, (1) organization has the meaning given in AS 11.81.900 ; (2) other valuable thing has the meaning given in AS 15.56.030 ; (3) person has the meaning given in AS 11.81.900 . Sec. 15.45.590. Manner of signing and withdrawing name from petition. Any qualified voter registered to vote in the district represented by the official sought to be recalled may subscribe to the petition by printing the voter's name, a numerical identifier, and an address, by signing the voter's name, and by dating the signature. A person who has signed the petition may withdraw the person's name only by giving written notice to the director before the date the petition is filed. Sec. 15.45.600. 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 15.45.575 ; (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 15.45.580 (b); (7) that the circulator has not violated AS 15.45.580 (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. Sec. 15.45.610. Filing of petition. A petition may not be filed within less than 180 days of the termination of the term of office of a state public official subject to recall. The sponsor may file the petition only if signed by qualified voters equal in number to 25 percent of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled. Sec. 15.45.620. Review of petition. Within 30 days of the date of filing, the director shall review the petition and shall notify the recall committee and the person subject to recall whether the petition was properly or improperly filed. Sec. 15.45.630. Bases for determining the petition was improperly filed. The director shall notify the committee that the petition was improperly filed upon determining that (1) there is an insufficient number of qualified subscribers; or (2) the petition was filed within less than 180 days of the termination of the term of office of the official subject to recall. Sec. 15.45.640. Submission of supplementary petition. Upon receipt of notice that the filing of the petition was improper, the committee may amend and correct the petition by circulating and filing a supplementary petition within 20 days of the date that notice was given, if filed within less than 180 days of the termination of the term of office of the person subject to recall. Sec. 15.45.650. Calling special election. If the director determines the petition is properly filed and if the office is not vacant, the director shall prepare the ballot and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. Sec. 15.45.660. Preparation of ballot. The ballot shall be designed with the question of whether the public official shall be recalled, placed on the ballot in the following manner: Shall (name of official) be recalled from the office of ......?. Provision shall be made for marking the question Yes or No. Sec. 15.45.670. Conduct of special election. Unless specifically provided otherwise, all provisions regarding the conduct of a general election shall govern the conduct of a special election for the recall of a state public official, including provisions concerning voter qualification; provisions regarding duties, powers, rights, and obligations of the director, of other election officials, and of municipalities; provision for notification of the election; provision for the payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for counting, reviewing, and certification of returns; provision for the determination of votes and of recount contests and court appeal; and provisions for absentee voting. Sec. 15.45.680. Statement of official subject to recall; display of grounds for and against recall. The director shall provide each election board in the state or in the senate or house district of the person subject to recall with at least five copies of the statement of the grounds for recall included in the application and at least five copies of the statement of not more than 200 words made by the official subject to recall in justification of the official's conduct in office. The person subject to recall may provide the director with the statement within 10 days after the date the director gave notification that the petition was properly filed. The election board shall post at least one copy of the statements for and against recall in a conspicuous place in the polling place. Sec. 15.45.690. Certification of election results. If a majority of the votes cast on the question of recall favor the removal of the official, the director shall so certify and the office is vacant on the day after the date of certification. Sec. 15.45.700. Filling vacancy. A vacancy caused by a recall is filled as a vacancy caused by any other means is filled. Sec. 15.45.710. Insufficiency of grounds, application, or petition. A recall submitted to the voters may not be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured. Sec. 15.45.720. Judicial review. Any person aggrieved by a determination made by the director under AS 15.45.470 15.45.710 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of determination was given.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
AS Title 15, Chapter 45: Initiative, Referendum, and Recall
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in