The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Application for a petition"
means a written request for the municipal clerk to prepare a petition master form.
"Ballot proposition"
means an item presented to voters on a ballot, consisting of: a ballot title; either a summary description of a measure to be enacted or repealed, together with a reference to the measure to be enacted or repealed, or the verbatim text of the act to be enacted or repealed; and a ballot question.
"Initiative,"
except where context suggest a different meaning, means the process of enacting a measure by vote of the people without assembly action.
"Measure"
means an ordinance, resolution, or Charter amendment.
"Municipal clerk"
means the Anchorage municipal clerk.
"Petition"
means a written petition comprised of copies of the petition master form provided by the municipal clerk to a person who applied for a petition, bearing the signatures of qualified voters seeking submission of an initiative or referendum measure to the electorate.
"Petition master form"
means the original, unaltered document provided to a contact person upon certification of an application for a petition.
"Qualified voter"
means a person who, at the moment the person signs a petition for initiative, referendum, or a recall, is legally entitled to vote on the question in that petition and is qualified under section 28.30.010.
"Referendum,"
except where context suggests a different meaning, means the process of repealing an ordinance or resolution by vote of the people without assembly action.
(AO No. 197-76; AO No. 2017-41, § 1, 3-21-2017; AO No. 2017-93, § 2, 3-21-2017)
A. 
Application. An initiative or referendum may only be proposed by first filing an application for a petition on a form, which shall be prescribed and provided by the municipal clerk.
B. 
Form and content. The application shall contain:
1. 
The name, residence and mailing address, signature and date of signature of two qualified voters of the municipality who are the primary and alternate contact persons to whom all correspondence relating to the petition may be sent. The application form shall include space for each contact person to provide optional phone and facsimile numbers, and an email address. The two contact persons shall be considered sponsors;
2. 
The name, residence and mailing address, signature and date of signature of at least ten qualified voters of the municipality, not including the contact persons, who will sponsor the initiative or referendum. Additional qualified sponsors may be added not less than three days before the date of first circulation of the petition certified by the clerk; and
3. 
The verbatim text of the measure to be enacted or repealed. A proposed measure shall:
a. 
Meet constitutional, charter and other legal requirements or restrictions;
b. 
Include only a single subject; and
c. 
Be enforceable as a matter of law or be clearly denominated as advisory only.
(AO No. 2002-162, § 1, 12-17-2002; AO No. 2017-41, § 2, 3-21-2017)
A. 
Review of application.
1. 
Upon receipt of a completed application for an initiative or referendum petition the municipal clerk shall immediately remit a copy of the application to the municipal attorney for review.
2. 
Within ten business days after receiving a completed application, the municipal clerk shall verify the sponsors' qualifications.
3. 
After consultation with the municipal attorney, the municipal clerk shall determine whether the measure proposed in the application may be submitted to voters by initiative or referendum; or whether the measure proposed must be denied. In making this determination, the municipal clerk may rely upon the legal counsel of the municipal attorney.
B. 
Notification upon completion of review of application. Within 30 days of receipt of the completed application, the municipal clerk shall notify the contact persons of the determination to certify or deny the application.
1. 
Certification.
a. 
Upon the conclusion of the municipal clerk's review of an application, the municipal clerk shall certify the application if the clerk determines:
i. 
The measure proposed in the application may be submitted to voters by initiative or referendum, and
ii. 
The two contact persons and at least ten sponsors of the application are qualified voters of the municipality.
b. 
A decision by the municipal clerk to certify an application may be challenged in accordance with subsection C below, as to substance only, and not to form. If the municipal clerk provides a master petition form to the contact persons of an application, the clerk shall be deemed to have certified the application. Immediately after a decision to certify a petition, the municipal clerk shall publish a notice that states the subject of the petition or proposed proposition title, date of the certification decision, the right to appeal within 30 days, and the manner in which any qualified voter may view or obtain a copy of the petition application, legal opinion if any, and certification decision.
2. 
Denial.
a. 
Upon the conclusion of the municipal clerk's review of an application, the municipal clerk shall deny the application if the clerk determines:
i. 
The measure proposed in the application may not be submitted to voters by initiative or referendum as a matter of law, or
ii. 
Either of the contact persons or less than ten of the sponsors of the application are not qualified voters of the municipality.
b. 
A decision by the municipal clerk to deny an application may be challenged in accordance with subsection C below, as to substance only, and not to form.
C. 
Appeal of application certification or denial. A decision by the municipal clerk on an application for an initiative or referendum petition is subject to judicial review by direct appeal to the Superior Court of the State of Alaska. Failure to appeal the municipal clerk's decision within 30 days from the date the municipal clerk distributes its decision shall constitute a waiver of the right of appeal.
(AO No. 197-76; AO No. 77-143; AO No. 2002-162, § 2, 12-17-2002; AO No. 2017-41, § 3, 3-21-2017)
A. 
Timing and provision to sponsors. Upon certification of an application, the municipal clerk shall provide a petition master form to the primary or alternate contact person of the application. The municipal clerk shall not be responsible for reproducing copies of the master form.
B. 
Form. The petition master form shall include:
1. 
A short title for the petition, prepared by the municipal clerk;
2. 
A fair and impartial summary, prepared by the municipal clerk, in consultation with the municipal attorney, that describes the measure proposed to be enacted or repealed; at the clerk's election, the verbatim text of the measure may be used in lieu of a summary;
3. 
The verbatim text of the measure to be enacted or repealed as submitted by the sponsors, however the municipal clerk may correct manifest errors which are clerical errors, typographical errors or errors in spelling, or errors by way of additions or omissions, errors in reference to laws, ordinances or other sections of the code or Charter, spelling and grammatical errors, and edit formatting; the verbatim text of the measure to be enacted or repealed may appear on the back side of the petition master form, or may be appended to the petition master form;
4. 
A statement to the effect that qualified voters who sign the petition are requesting the question of whether the measure at issue in the petition should be enacted, in the case on an initiative, or repealed, in the case of a referendum, should be submitted to voters by means of a ballot proposition in a future election;
5. 
The date on which the petition was issued by the municipal clerk;
6. 
A statement that signatures on the petition must be secured and filed within 90 days from the date on which the petition was issued by the municipal clerk; and
7. 
Other such information deemed necessary or advisable by the municipal clerk.
C. 
Use by sponsors. Only unaltered photocopies of a petition master form may be used to gather signatures for an initiative or referendum.
(AO No. 2017-41, § 4, 3-21-2017)
A. 
Number. A petition shall be signed by a number of qualified voters as provided in Charter Section 3.02. Only one signature may be counted for each qualified voter on a petition.
B. 
Timing. The necessary signatures shall be secured on the petition and filed with the clerk within 90 days from the date on which the petition master form was issued by the municipal clerk.
C. 
Qualifications. Only those signatures of qualified voters, as defined in section 2.50.010, shall be counted.
D. 
Requirements. Each individual signing a petition must:
1. 
Print the individual's name,
2. 
Provide the individual's address of residence,
3. 
Provide the individual's date of birth, voter identification number, or the last four digits of the individual's social security number,
4. 
Sign the petition,
5. 
Date the petition, and
6. 
Write legibly.
E. 
Withdrawal. Any person who signs a petition may withdraw the person's signature upon written application to the municipal clerk within seven days after the petition has been filed with the municipal clerk.
(AO No. 197-76; AO No. 2002-162, § 3, 12-17-2002; AO No. 2017-41, § 4, 3-21-2017; AO No. 2017-93, § 1, 3-21-2017)
A. 
Submission. Each petition shall be filed with the municipal clerk as a single instrument and shall be certified as provided in section 3.02(b) of the Charter. Once the petition is filed with the municipal clerk it may not be supplemented.
B. 
Counting signatures. Signatures of qualified voters presented with the information required by section 2.50.040D shall be counted. Signatures presented without the information required by section 2.50.040D, or that cannot be confirmed to be of a qualified voter, shall not be counted. In determining whether a person who signed the petition is a qualified voter, the following rules shall apply:
1. 
Hyphenated last names. A person who otherwise appears to be a qualified voter with a hyphenated last name, but who uses only one part of a hyphenated last name, shall be considered to be the qualified voter with the hyphenated last name.
2. 
Common form of first names or initials. A person who otherwise appears to be a qualified voter with a proper first name, but who uses a first name that is a common or shortened form of a proper name, or who uses initials corresponding to the proper first name, shall be considered to be the qualified voter with the proper first name.
3. 
Address abbreviations. A person who otherwise appears to be a qualified voter at an address in the official voter-registration list, but who provides address information that differs from the official voter registration list because it uses common abbreviations or numeric symbols in the place of written out words shall be considered to be a qualified voter with the address of record in the official voter-registration list.
C. 
Presumption of registered status. For the purposes of this chapter, there is a rebuttable presumption that a person who is a registered voter on the date signatures are counted by the municipal clerk was a registered voter at the moment of signing the petition.
D. 
Rejected signatures. Signatures rejected by the municipal clerk shall be categorized by reason the signature was rejected.
E. 
Certification or denial. Within ten days from the filing of a petition, the municipal clerk shall determine whether or not the petition is sufficient. Certification of the petition shall be granted or denied solely on the basis of whether a sufficient number of signatures of qualified voters on the petition was timely submitted. The municipal clerk's determination shall be in writing and sent to the primary contact person. The same day the written determination is sent, the municipal clerk shall notify the primary or alternate contact person by phone, facsimile or email, if such information was provided by the contact person in the application. A decision by the municipal clerk to certify or deny to certify a petition may be challenged in accordance with subsection G below, as to substance only, and not to form.
F. 
10-day opportunity to rebut. If the municipal clerk determines there are insufficient signatures to certify the petition, the sponsors will have ten days from the date the municipal clerk sends notification to the primary contact person to provide the municipal clerk with clear and convincing evidence that signatures not counted were in fact signatures of qualified voters, as defined in section 2.50.010.
G. 
Appeal. A decision by the municipal clerk on the number and sufficiency of signatures on a petition is subject to judicial review by direct appeal to the Superior Court of the State of Alaska. Failure to appeal the municipal clerk's decision within 30 days from the date of the municipal clerk's decision shall constitute a waiver of the right of appeal.
(AO No. 197-76; AO No. 96-159(S), § 4, 1-14-1997; AO No. 2002-162, § 4, 12-17-2002; AO No. 2017-41, § 5, 3-21-2017)
A. 
As early as reasonably possible after final certification of an initiative or referendum pursuant to Charter section 3.02(b), the office of management and budget shall prepare a summary of economic effects conforming to the requirements of section 2.30.050 for each initiative or referendum, provided however, that such summary of economic effects shall be nonpartisan.
1. 
Notwithstanding the provisions of section 2.30.050, the summary of economic effects required by this section shall be in a format readily understood by a voter of average capacity and intelligence and shall use short, direct sentences and simple language of common understanding.
B. 
The municipal clerk shall publish the summary of economic effects required by subsection A of this section, or a nonpartisan summary statement of the economic effects.
(AO No. 98-150, § 1, 10-27-1998; AO No. 2017-41, § 6, 3-21-2017)
A. 
Except when the measure is a Charter amendment, if a majority of those voting favor the initiative measure, it becomes effective upon certification of the election results. If a majority of those voting favor repeal of the measure referred, that legislation is repealed 30 days after certification of the results of the election. If the measure is a Charter amendment, unless the measure states otherwise it shall be effective 30 days after certification of the results of the election.
B. 
Where voters have approved at the election initiative or referendum measures which, because of substantial legal conflicts, cannot stand together, the municipal clerk shall certify to the assembly only that measure receiving the highest majority vote of votes actually cast. A decision of the municipal clerk pursuant to this subsection may be appealed to the superior court.
C. 
An unsuccessful initiative or referendum precludes the filing of a new petition for the same purpose sooner than six months after voter disapproval of the initiative or referendum.
(AO No. 197-76; AO No. 2017-41, § 7, 3-21-2017)