6 AAC 25.240. Initiative petitions

(a) Upon certification of the application for an initiative petition, the director will prepare petition booklets for circulation by petition circulators in the general manner prescribed by AS 15.45.090 . The director will prepare and have printed 500 sequentially numbered official petition booklets that will be sent, or otherwise made available for delivery, to a member of the initiative committee or the committee's designee for distribution to circulators. The initiative committee or designee may request additional booklets. Upon the director's approval of the request, additional sequentially numbered booklets will be printed by the director and made available to the initiative committee or designee, or printed by the initiative committee in a format approved by the director. The cost of printing additional booklets in excess of 500 booklets must be paid by the initiative committee. If the initiative committee elects to have additional booklets printed, the first booklet from each additional printing shall be submitted to the director.

(b) Each subscriber to the petition shall provide the subscriber's printed name, physical residence address and city, and signature or mark. The subscriber's voter's registration number or social security number will be requested for identification purposes; however, provision of this information is optional.

(c) All petition booklets must be filed together as a single instrument, and must be accompanied by a written statement signed by the submitting initiative committee member or the committee's designee acknowledging the number of booklets included in the submission.

(d) The initiative committee or the committee's designee may file the petition at any time before the close of business on the 365th day after the date that notice is given to the initiative committee that the petition booklets are ready for initial distribution. If the 365th day falls on a weekend or state holiday, the deadline is the close of business on the next regular business day for the division.

(e) The petition must be filed in person, by mail, or other shipping method at the office of the director in Juneau, or at the request of the initiative committee, at a regional election office approved by the director.

(f) A petition that at the time of submission contains on its face an insufficient number of booklets or signed subscriber pages required for certification will be determined by the director to have a patent defect. The director shall notify the initiative committee, in writing, of the patent defect and provide information on resubmitting the petition, if applicable. A petition that contains a patent defect and that is filed

(1) on the deadline specified in (d) of this section will be certified as insufficient and no supplemental circulation and filing will be provided;

(2) before the deadline specified in (d) of this section will be declared incomplete and all petition booklets shall be returned to the initiative committee or designee for resubmission; the resubmitted petition must be filed by the deadline specified in (d) of this section.

(g) The signatures contained in a petition booklet filed under (c) of this section will not be counted in determining the sufficiency of the petition if the

(1) person who circulated the petition did not complete the certification on the back of the petition booklet; or

2) circulator did not complete the information on each signature page as required by AS 15.45.130 (8).

(h) An individual signature in a petition booklet will not be counted in determining the sufficiency of the petition if the signer

(1) provides an address that is not the signer's current address in the division's voter registration database and the signer does not provide an identifier;

(2) does not sign or make a mark; or

(3) unknowingly signs the petition more than one time; any additional signature will not be counted.

(i) A person identified as a designee by the initiative committee must be made in writing to the director. The designee must be a qualified circulator. A designee may perform only the following duties:

(1) attend training in place of a initiative committee member;

(2) receive the petition booklets, accountability forms, and training materials;

(3) train the circulators of the petition;

(4) assist in the distribution of petition booklets to circulators;

(5) maintain and submit circulator accountability reports;

(6) request additional booklets, in excess of the 500 booklets provided by the division, for distribution;

(7) file the petition with the division.

(j) A circulating sponsor who is not registered to vote in this state must file an affidavit attesting that the circulating sponsor is at least 18 years of age, and a resident of this state as defined in AS 15.05.020 (1) - (5). The affidavit must be on a form provided by the director. The affidavit must be filed at the time the petition is filed or not later than 21 days after the petition is filed.

(k) Communication with the director shall be limited to the initiative committee. A request for information must be made in writing.

(l) In AS 15.45.010 - AS 15.45.245 , for the purpose of circulating a petition, "preceding general election" means the last general election held before the date the application for initiative was filed with the lieutenant governor.

History: Eff. 8/6/87, Register 103; am 7/8/88, Register 107; am 7/17/88, Register 107; am 6/21/90, Register 115; am 8/12/90, Register 115; am 12/15/99, Register 153; am 8/13/2000, Register 155; am 8/22/2004, Register 171

Authority: AS 15.05.020

Editor's note: The street address of the director's office is 240 Main Street, Suite 300, Juneau, Alaska 99811. The mailing address of the director's office is P.O. Box 110017, Juneau, Alaska 99811-0017.

Effective December 15, 1999, the division of elections adopted, as an emergency regulation, 6 AAC 25.240(j) . The emergency regulation would have first appeared in print in the emergency regulations portion of 6 AAC in Register 153 (April 2000). The emergency regulation was made permanent on February 29, 2000, in time to also be included in Register 153 (in the "permanent" regulations portion of 6 AAC). To avoid confusion, the original emergency regulation was not printed in the emergency regulations portion of 6 AAC in Register 153 (April 2000).

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