AN ORDINANCE ENACTING PROCEDURES FOR PROCESSING

INITIATIVE AND REFERENDUM PETITIONS.

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

Section A. This ordinance is of a general and permanent nature and shall be codified.

Section B. Procedures and requirements for processing initiative and referendum petitions contained in 9 sections as set forth below, are hereby enacted.

Section 1. Authority to Act. The voters of the Borough may propose and enact ordinances by the initiative and may approve or reject ordinances by the referendum.

Section 2. Application for petition.

A.) An initiative or referendum is proposed by filing an application with the Borough Clerk containing the ordinance to be initiated or the ordinance 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 voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the signature of the sponsor to the Clerk. Within two weeks the Clerk shall certify the application if the Clerk finds that it is in proper form and that the mater:

(1) does not concern one of the subjects listed in Art. XI, Sec. 7 of the Alaska Constitution; and

(2) includes only a single subject; and

(3) relates to a legislative rather than to an administrative matter; and

(4) would be enforceable as a matter of law.

Otherwise, the application shall not be certified. If the application is not certified, a new application which corrects the deficiency may be submitted at any time.

B.) A decision by the Clerk on an application for petition is subject to judicial review in the manner provided by law for reviewing the final action of an administrative agency.

Section 3. Contents of petition.

A.) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the Borough Clerk. Each copy of the petition shall contain:

(1) a summary of the ordinance to be initiated or the ordinance to be referred;

(2) the complete ordinance sought to be initiated or referred as submitted by the sponsors;

(3) the date on which the petition is issued by the clerk;

(4) notice that signatures must be secured within 90 days after the date the petition is issued;

(5) spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer;

(6) a statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all 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; and

(7) space for indicating the total number of signatures on the petition.

B.) If a petition consists of more than one page, each page which contains signatures shall also contain the summary of the ordinance to be initiated or referred.

C.) The 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 petition. The Clerk shall also mail a copy of the petition to each sponsor who requests in writing that the petition be mailed. The Clerk shall not issue a copy of the petition to any person who is not a sponsor. A petition is issued on the date on which the Clerk mails or delivers notice to the contact person that the petition is available.

Section 4. Signature requirements.

A.) Only a sponsor may circulate a petition, and signatures must be affixed to a petition in the presence of a sponsor. The signatures on an initiative or referendum petition shall be secured within 90 days after the Clerk issues the petition. The statement provided under Section 3(A)(6) above shall be signed and dated by the sponsor, and the sponsor's signature shall be notarized. Signatures shall be in ink or indelible pencil.

B.) The Clerk shall determine the number of signatures required on a petition and inform the contact person in writing. A petition shall be signed by a number of registered Borough voters equal to 25% of the number of votes cast at the last regular Borough election held before the date written notice is mailed or delivered to the contact person that the petition is available. For purposes of this section, the incorporation election which created the Borough is a regular election.

C.) 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.

D.) A petition signer may withdraw his or her signature by giving written notice to the Clerk before certification of the petition.

Section 5. Sufficiency of petition.

A.) All copies of an initiative or referendum petition shall be assembled and filed with the clerk at one time as a single instrument. Within two weeks after the date the petition is filed, the Borough Clerk shall:

1.) certify on the petition whether it is sufficient; and

2.) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.

B.) A petition that is insufficient may be supplemented with additional signatures obtained and filed with the Clerk before the 11th day after the date on which notice of rejection is mailed to the contact person.

C.) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (B) of this section. Within two weeks after a supplementary filing the Clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.

Section 6. Protest. If the Borough Clerk certifies that an initiative or referendum petition is insufficient, 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 Assembly. The Assembly shall hear and decide the protest. The Assembly's decision is subject to judicial review in the manner provided by law for reviewing the final action of an administrative agency.

Section 7. New petition. 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.

Section 8. Initiative Election.

A.) Unless substantially the same measure is adopted, when a petition seeks an initiative vote the Clerk shall submit the matter to the voters at a special election or regular election as determined by Chapter 66, Section 5 of the Denali Borough Municipal Code.

B.) If the Assembly adopts substantially the same measure, the petition is void and the matter initiated may not be placed before the voters.

C.) The ordinance initiated 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 majority of the votes cast on the question are in favor of the ordinance, it becomes effective 30 days after certification of the election, unless a different effective date is provided in the ordinance. If an initiative measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified.

Section 9. Referendum election.

A.) Unless the ordinance is repealed, when a petition seeks a referendum vote the Clerk shall submit the matter to the voters at a special election or regular election as determine by Chapter 66, Section 5 of the Denali Borough Municipal Code.

B.) If a petition is certified before the effective date of the matter referred, the ordinance against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the Assembly may not enact an ordinance substantially similar to the suspended measure.

C.) If the Assembly repeals the ordinance before the referendum election, the petition is void and the matter referred shall not be placed before the voters.

D.) If a majority of the votes cast on the question favors the repeal of the matter referred, it is repealed upon certification of the election. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. If a referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified.

Section C. Effective Date. This ordinance becomes effective immediately upon its adoption.

DATE INTRODUCED: October 13, 1991

FIRST READING: October 13, 1991

PUBLIC HEARING: November 17, 1991

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 17th day of November , 19 91 .

SIGNATURE ON FILE

Mayor

ATTEST: SIGNATURE ON FILE

Borough Clerk