ALASKA

Alaska has statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. Alaska is distinct in the sense that initiatives and veto referendums may be voted upon at a special and/or primary election, as directed by the Lieutenant Governor, whereas legislatively referred amendments must be voted upon at the next general election. Across all kinds of ballot measures, the Alaska Lieutenant Governor plays the central role in developing ballot language and a voter information pamphlet, and the determinations of the Lieutenant Governor are generally subject to pre-election judicial review.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Alaska

Alaska has statutory voter initiatives, veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory

The people of Alaska have the initiative power to propose and enact legislation. Alaska Const. art. XI, § 1.

X Initiatives – Constitutional

√ Veto Referendums

Alaskans have the referendum power to require that any act of the legislature be submitted to the voters for their approval or rejection. Alaska Const. art. XI, §§ 1, 5. A veto referendum petition must be submitted within 90 days of adjournment of the legislative session in which the act was passed. Id. § 5.

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Alaska voters. Alaska Const. art. XIII, § 1.

Election Timing

The timing of an election on a ballot measure can vary depending on the form of direct democracy.

• An initiative may be submitted at any statewide election (including a special election and/or a primary election), as directed by the Lieutenant Governor, but the election must take place at least 120 days following the adjournment of the legislature to convene after the petition has been filed. Alaska Const. XI, § 4; Alaska Stat. § 15.45.190.
• A veto referendum may be submitted at any statewide election (including a special election and/or a primary election), as directed by the Lieutenant Governor, but the election must take more than 180 days following adjournment of the legislative session in which the act was passed. Alaska Const. XI, § 5; Alaska Stat. § 15.45.420.
• A legislatively referred amendment must be submitted to Alaska voters at the “next general election” after it is approved by 2/3 of all members elected to each house of the legislature. Alaska Const. XIII, § 1.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

Ballot requirements vary slightly depending on whether the measure is initiated via voter petition or submitted by the legislature. Regardless of the type of measure, ballot language is subject to readability requirements, which take into account syllables in addition to words. See Alaska Stat. § 15.80.005. However, a court may not enjoin an election for failing to comply with readability requirements. Id. sub. (d).

• The ballot for an initiative or veto referendum must contain the following information.
  • Ballot title (25 words or less).
    • The title must indicate the general subject of the measure.
  • Ballot proposition (50 words or less per section for referendum proposals, 50 words or less on average per section for initiative proposals).
    • The proposition must give a true and impartial summary of the measure.

See Alaska Stat. §§ 15.45.180, 15.45.410. The ballot language is drafted by the Lieutenant Governor, with the assistance of the Attorney General. Alaska Const. art. XI, §§ 4–5; Alaska Stat. §§ 15.45.180, –.410.

• The ballot for a legislatively referred amendment must contain the following information.
  • Ballot title (6 words or less).
    • The title must indicate the general subject of the measure.
  • Ballot proposition (100 words or less).
    • The proposition must give a true and impartial summary of the measure.

See Alaska Stat. § 15.50.020. A proposed version of the ballot language is prepared by the Lieutenant Governor within 30 days of adjournment of the legislative session; the draft is made available publicly and mailed to each member of the legislature. Alaska Const. art. XIII, § 1; Alaska Stat. §§ 15.50.010–15.50.020. Then, a qualified voter or legislator acting through the legislative council may submit an objection to the Lieutenant Governor’s proposed language within 15 days. Alaska Stat. § 15.50.025. The Lieutenant Governor must consider each objection before issuing the final language. Id.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

X Alaska law does not generally require that information about veto referendums or legislatively referred amendments be published in a newspaper or similar media.

• For initiatives only, the Lieutenant Governor must hold two or more public hearings concerning an initiative in each judicial district in the state and must provide public notice of these hearings using print or broadcast media. Alaska Stat. § 15.45.195. The public hearing must include written or oral testimony of one supporter and one opponent of the initiative and if feasible, must be livestreamed on a government website. Id.

Voter Information Pamphlet

The Lieutenant Governor must prepare and distribute an election pamphlet before each election (including any primary and/or special election). The guide must include the following information about each ballot measure (whether an initiative, veto referendum, or legislatively referred amendment):

• Full text of the proposition.
• Ballot title and summary.
• Neutral summary of the proposition, prepared by the Legislative Affairs Agency.
• Submitted statements advocating voter approval or rejection of the proposition (500 words or less each).
• For initiatives and veto referendums only, a statement of the costs to the state of implementing the proposed initiative, or of rejecting the act referred by veto referendum.

Alaska Stat. §§ 15.58.010–.020. The Lieutenant Governor must mail a pamphlet to every registered voter and must also assist in preparing a recording of the pamphlet that is made available through the state library. Id. § 15.58.080.

Additionally, for all ballot measures, the Director of Elections must provide each local board with a copy of the proposition (whether the proposed law, the referred act, or the legislative resolution proposing a constitutional amendment) for display in a conspicuous place in the polling room. Alaska Stat. §§ 15.45.200, –.430, 15.50.040.

JUDICIAL REVIEW

When and how can the court step in?

• For an initiative or veto referendum, any person aggrieved by a determination of the Lieutenant Governor (such as a determination regarding ballot language) may bring a challenge in superior court within 30 days of such determination. See Alaska Stat. §§ 145.240, .460.

Sample case: State v. Vote Yes for Alaska’s Fair Share, 478 P.3d 679, 690 (Alaska 2021) (opining that a ballot summary “must ‘be free from any misleading tendency, whether of amplification, of omission, or of fallacy, and . . . it must contain no partisan coloring . . . ’”; holding that the  Lieutenant Governor’s ballot summary was misleading to voters, because instead of disclosing there were remaining questions about how the initiative would be implemented, the summary suggested an answer to one such open question).

• For a legislatively referred amendment, a qualified voter or legislator acting through the legislative council who filed an objection to the ballot language proposed by the Lieutenant Governor and who believes the language as finally prepared does not provide a true and impartial summary of the amendment may bring an action in the superior court, within 45 days of the Lieutenant Governor mailing the proposed version of the ballot language to each member of the legislature. See Alaska Stat. 15.50.025–15.50.027.