Chapter 2.22
INITIATIVE, REFERENDUM, AND RECALL
Sections
2.22.010 Initiative and referendum—application and sponsors
2.22.020 Initiative and referendum—petition
2.22.030 Initiative and referendum—signatures
2.22.240 Initiative and referendum—election, vote required, effect
For statutory provisions relating to initiative and referendum petitions in home-rule cities, see AS 29.26.030.
2.22.010 Initiative and referendum—application and sponsors
An initiative or a referendum may be proposed by filing an application with the city clerk containing the ordinance initiated or sought to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petition may be sent. An application shall be signed by at least 10 qualified voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall certify the application if the clerk finds that it is in the proper form and, for an initiative petition, that the matter:
(a) Is not restricted by City Charter Section XI‑1 or by other state or federal law;
(b) Includes only a single subject;
(c) Relates to a legislative rather than to an administrative matter;
(d) Would be enforceable as a matter of law.
A decision by the clerk is subject to judicial review. [Ord. 1097, 1999]
2.22.020 Initiative and referendum—petition
(a) Within two weeks after certification by the clerk of an application for an initiative or referendum petition, a petition shall be prepared by the city clerk. Each copy of the petition shall contain:
(1) A copy of the ordinance sought to be initiated or referred and, if desired due to complexity of the full ordinance, a summary of the ordinance;
(2) The date on which the petition is issued by the city clerk;
(3) Notice that the signatures must be secured within 35 days after the date the petition is issued;
(4) Spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing address of each signer;
(5) A statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all the signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be.
(b) If the petition consists of more than one page, each page shall contain the copy or summary of the ordinance sought to be initiated or referred.
(c) The city clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk’s office and requests a copy of the petition, and the clerk shall mail a copy of the petition to each sponsor who requests that a copy of the petition be mailed. [Ord. 1097, 1999]
2.22.030 Initiative and referendum—signatures
(a) The signatures on an initiative or referendum petition shall be secured and the petition filed with the city clerk within 35 days after the clerk issues the petition. All copies of an initiative or referendum petition shall be assembled and filed together as a single instrument.
(b) An initiative or referendum petition must be signed by a number of qualified city voters equal to at least 25 percent of the number of qualified votes cast at the last regular city election held before the date written notice is given to the contact person that the petition is available.
(1) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected. Signatures that do not make a clear distinction between persons with the same or similar names, either by the signature itself, the printed name, or the address, shall be rejected.
(2) A signature may be withdrawn by the signer upon written application to the clerk prior to the certification of the petition.
(c) Within 14 days after the date the petition is filed, the city clerk shall certify on the petition whether it is sufficient or not. If the petition is not sufficient, the clerk shall identify the insufficiency and notify the contact person by certified mail.
(1) A petition that is insufficient may be supplemented with additional signatures secured and filed as a single instrument with the city clerk within 14 days after the date on which the notice of insufficiency is mailed to the contact person.
(2) Within 14 days after supplemental signatures are filed, the city clerk shall certify on the petition whether it is sufficient as supplemented or not.
(d) A petition that is insufficient and is not supplemented to sufficiency shall be rejected and filed as a public record.
(e) If the city clerk rejects an initiative or referendum petition, a signer of the petition may file a protest with the mayor within seven days after the certification. The mayor shall present the protest at the next regular meeting of the city council, which shall hear and decide the protest.
(f) Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. [Ord. 1097, 1999]
2.22.240 Initiative and referendum—election, vote required, effect
(a) Unless obviated by action of the city council pursuant to subsection (b) of this section, the matter sought to be initiated or referred by a sufficient initiative or referendum petition shall be submitted to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after the certification of the petition. If no election is scheduled to occur within 75 days after certification of the petition and the council determines it is in the best interest of the city, the council may hold a special election on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.
(b) If the city council, prior to the election, adopts substantially the same measure sought to be initiated, or repeals the ordinance sought to be referred, the petition is void and the matter shall not be placed before the voters.
(c) An ordinance initiated by this process shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted.
(d) If a referendum petition is certified before the effective date of the ordinance to be referred, the ordinance shall be suspended pending the referendum vote. During the period of suspension, the council may not enact an ordinance substantially similar to the suspended measure.
(e) The effect of an affirmative vote on an initiative or referendum question shall be as prescribed by City Charter. If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than one year after the election. [Ord. 1267 §1, 2010; Ord. 1253 §1, 2009; Ord. 1097, 1999]
2.22.250 Recall
All persons holding elective office of the city, including persons chosen to fill vacancies in such offices, shall be subject to recall from office as provided in the City Charter and AS 29.26.240 through 29.26.360. [Ord. 1131 §3, 2001; Ord. 1097, 1999]