Title 15 — Elections
20 chapters · 453 sections in this title.
AS 15.45.250 Provision and scope of use of referendum.
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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 saf…
AS 15.45.260 Filing application.
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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.
AS 15.45.270 Form of application.
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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 st…
AS 15.45.280 Manner of notice.
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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.
AS 15.45.290 Designation of sponsors.
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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 des…
AS 15.45.300 Time of review of application for certification.
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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.
AS 15.45.310 Bases of denial of certification.
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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 …
AS 15.45.320 Preparation of petition.
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(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 prov…
AS 15.45.330 Statement of warning.
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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 …
AS 15.45.335 Qualifications of circulator.
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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.
AS 15.45.340 Circulation; prohibitions.
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(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 signa…
AS 15.45.350 Manner of signing and withdrawing name from petition.
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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 …
AS 15.45.360 Certification of circulator.
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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…
AS 15.45.370 Filing of petition.
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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) re…
AS 15.45.380 Review of petition.
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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.
AS 15.45.390 Bases for determining the petition was improperly filed.
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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) t…
AS 15.45.400 Submission of supplementary petition.
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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 legis…
AS 15.45.410 Preparation of ballot title and proposition.
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(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 propos…
AS 15.45.420 Placing proposition on ballot.
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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 …
AS 15.45.430 Display of act being referred.
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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.
AS 15.45.440 Rejection of act.
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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.
AS 15.45.450 Insufficiency of application or petition.
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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.
AS 15.45.460 Judicial review.
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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.
AS 15.45.465 Delegation by lieutenant governor.
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Article 3. Recall. The lieutenant governor may delegate the duties imposed upon the lieutenant governor by AS 15.45.250 — 15.45.460 to the director.
AS 15.45.470 Provision and scope for use of recall.
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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.
AS 15.45.480 Filing application.
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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 pro…
AS 15.45.490 Time of filing application.
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An application may not be filed during the first 120 days of the term of office of any state public official subject to recall.
AS 15.45.500 Form of application.
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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…
AS 15.45.510 Grounds for recall.
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The grounds for recall are (1) lack of fitness, (2) incompetence, (3) neglect of duties, or (4) corruption.
AS 15.45.515 Designation of sponsors.
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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.
AS 15.45.520 Manner of notice.
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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.
AS 15.45.530 Notice of the number of voters.
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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.
AS 15.45.540 Review of application for certification.
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The director shall review the application and shall either certify it or notify the recall committee of the grounds of refusal.
AS 15.45.550 Bases of denial of certification.
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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 terminati…
AS 15.45.560 Preparation of petition.
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(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 …
AS 15.45.570 Statement of warning.
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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…
AS 15.45.575 Qualifications of circulator.
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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.
AS 15.45.580 Circulation; prohibitions.
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(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 signa…
AS 15.45.590 Manner of signing and withdrawing name from petition.
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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 …
AS 15.45.600 Certification of circulator.
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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…
AS 15.45.610 Filing of petition.
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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 gene…
AS 15.45.620 Review of petition.
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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.
AS 15.45.630 Bases for determining the petition was improperly filed.
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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 subj…
AS 15.45.640 Submission of supplementary petition.
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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 …
AS 15.45.650 Calling special election.
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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 peti…
AS 15.45.660 Preparation of ballot.
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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.”
AS 15.45.670 Conduct of special election.
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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, r…
AS 15.45.680 Statement of official subject to recall; display of grounds for and against recall.
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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 th…
AS 15.45.690 Certification of election results.
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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.
AS 15.45.700 Filling vacancy.
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A vacancy caused by a recall is filled as a vacancy caused by any other means is filled.