Difference between revisions of "Article XI, Alaska Constitution"

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{{AKConstitution}}{{tnr}}'''Article XI''' of the [[Alaska Constitution]] is entitled '''Initiative, Referendum, and Recall'''. It has eight sections and has been amended three times.
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{{AKConstitution}}{{tnr}}'''Article XI''' of the [[Alaska Constitution]] is entitled '''Initiative, Referendum, and Recall'''. It has eight sections and has been amended three times.<ref name="AK">[http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html ''Office of the Lt. Governor of Alaska'', "The Constitution of the State of Alaska", accessed March 26, 2014]</ref>
  
==Amendments to Article I==
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==Amendments to Article XI==
 
* [[Alaska Lieutenant Governor/Secretary of State Amendment (1970)]]
 
* [[Alaska Lieutenant Governor/Secretary of State Amendment (1970)]]
 
* [[Alaska Reapportionment Board, Measure 3 (1998)]]
 
* [[Alaska Reapportionment Board, Measure 3 (1998)]]
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'''Initiative and Referendum'''
 
'''Initiative and Referendum'''
  
The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.
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{{quote|The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.<ref name="AK"/>}}
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'''Application'''
 
'''Application'''
  
An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review.
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{{quote|An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review.<ref name="AK"/>}}
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'''Petition'''
 
'''Petition'''
  
After certification of the application, a petition containing a summary of the subject matter shall be prepared by the lieutenant governor for circulation by the sponsors. If signed by qualified voters who are equal in number to at least ten per cent of those who voted in the preceding general election, who are resident in at least three-fourths of the house districts of the State, and who, in each of those house districts, are equal in number to at least seven percent of those who voted in the preceding general election in the house district, it may be filed with the lieutenant governor.
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{{quote|After certification of the application, a petition containing a summary of the subject matter shall be prepared by the lieutenant governor for circulation by the sponsors. If signed by qualified voters who are equal in number to at least ten per cent of those who voted in the preceding general election, who are resident in at least three-fourths of the house districts of the State, and who, in each of those house districts, are equal in number to at least seven percent of those who voted in the preceding general election in the house district, it may be filed with the lieutenant governor.<ref name="AK"/>}}
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'''Initiative Election'''
 
'''Initiative Election'''
  
An initiative petition may be filed at any time. The lieutenant governor shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void.  
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{{quote|An initiative petition may be filed at any time. The lieutenant governor shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void.<ref name="AK"/>}}
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'''Referendum Election'''
 
'''Referendum Election'''
  
A referendum petition may be filed only within ninety days after adjournment of the legislative session at which the act was passed. The lieutenant governor shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty days after adjournment of that session.
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{{quote|A referendum petition may be filed only within ninety days after adjournment of the legislative session at which the act was passed. The lieutenant governor shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty days after adjournment of that session.<ref name="AK"/>}}
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'''Enactment'''
 
'''Enactment'''
  
If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The lieutenant governor shall certify the election returns. An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its effective date. It may be amended at any time. An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law.  
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{{quote|If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The lieutenant governor shall certify the election returns. An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its effective date. It may be amended at any time. An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law.<ref name="AK"/>}}
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'''Restrictions'''
 
'''Restrictions'''
  
The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.
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{{quote|The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.<ref name="AK"/>}}
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'''Recall'''
 
'''Recall'''
  
All elected public officials in the State, except judicial officers, are subject to recall by the voters of the State or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by the legislature.
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{{quote|All elected public officials in the State, except judicial officers, are subject to recall by the voters of the State or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by the legislature.<ref name="AK"/>}}
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==See also==
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[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
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* [[State constitution]]
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* [[Constitutional article]]
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* [[Constitutional amendment]]
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* [[Constitutional revision]]
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* [[Constitutional convention]]
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* [[Amendment|Amendments]]
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** [[Initiated constitutional amendment]]
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** [[Legislatively-referred constitutional amendment]]
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** [[Publication requirements for proposed state constitutional amendments]]
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** [[Rules about constitutional conventions in state constitutions]]
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** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution/article-xi-96-initiative-referendum-and-recall.html Alaska Constitution, Article XI]
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{{submit a link}}
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* [http://ltgov.alaska.gov/treadwell/services/alaska-constitution.html The Constitution of the State of Alaska]
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* [http://w3.legis.state.ak.us/docs/pdf/citizens_guide.pdf The Alaska Constitution: A Citizen's Guide]
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* [https://www.alaska.edu/creatingalaska/constitutional-convention/ Creating Alaska: The Constitutional Convention]
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==Additional reading==
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*[http://books.google.com/books?id=fFOv5d3Mbf4C&printsec=frontcover&dq=The+Constitutionalism+of+American+States&hl=en&sa=X&ei=GQIFU__0J8PmyQGSiYHwDg&ved=0CCsQ6AEwAA#v=onepage&q=The%20Constitutionalism%20of%20American%20States&f=false Connor, George E. Connor, and Christopher W. Hammons (2008). ''The Constitutionalism of American States.'' Columbia, Missouri: University of Missouri Press.]
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*[http://ukcatalogue.oup.com/product/9780199778294.do McBeath, Gerald A. (2011). ''The Alaska State Constitution.'' New York, New York: Oxford University Press.]
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==References==
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{{Reflist}}
  
==Navigation==
 
 
{{Alaska Constitution}}
 
{{Alaska Constitution}}
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{{State constitutions}}
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{{Alaska}}
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[[Category:Alaska Constitution]]

Latest revision as of 13:01, 1 April 2014

Alaska Constitution
Seal of Alaska.jpg
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Ordinances
123
Amendments
Article XI of the Alaska Constitution is entitled Initiative, Referendum, and Recall. It has eight sections and has been amended three times.[1]

Amendments to Article XI

Section 1

Text of Section 1:

Initiative and Referendum

The people may propose and enact laws by the initiative, and approve or reject acts of the legislature by the referendum.[1][2]

Section 2

Text of Section 2:

Application

An initiative or referendum is proposed by an application containing the bill to be initiated or the act to be referred. The application shall be signed by not less than one hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. If he finds it in proper form he shall so certify. Denial of certification shall be subject to judicial review.[1][2]

Amendments

Section 3

Text of Section 3:

Petition

After certification of the application, a petition containing a summary of the subject matter shall be prepared by the lieutenant governor for circulation by the sponsors. If signed by qualified voters who are equal in number to at least ten per cent of those who voted in the preceding general election, who are resident in at least three-fourths of the house districts of the State, and who, in each of those house districts, are equal in number to at least seven percent of those who voted in the preceding general election in the house district, it may be filed with the lieutenant governor.[1][2]

Amendments

Section 4

Text of Section 4:

Initiative Election

An initiative petition may be filed at any time. The lieutenant governor shall prepare a ballot title and proposition summarizing the proposed law, and shall place them on the ballot for the first statewide election held more than one hundred twenty days after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the petition is void.[1][2]

Amendments

Section 5

Text of Section 5:

Referendum Election

A referendum petition may be filed only within ninety days after adjournment of the legislative session at which the act was passed. The lieutenant governor shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first statewide election held more than one hundred eighty days after adjournment of that session.[1][2]

Amendments

Section 6

Text of Section 6:

Enactment

If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The lieutenant governor shall certify the election returns. An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its effective date. It may be amended at any time. An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law.[1][2]

Amendments

Section 7

Text of Section 7:

Restrictions

The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.[1][2]

Section 8

Text of Section 8:

Recall

All elected public officials in the State, except judicial officers, are subject to recall by the voters of the State or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by the legislature.[1][2]


See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Office of the Lt. Governor of Alaska, "The Constitution of the State of Alaska", accessed March 26, 2014
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.