Current through November 28, 2024
(a) A petition for a proposed action by the
commission under this chapter may be initiated by
(3) a person designated by the commission,
subject to (d) of this section;
(4)
a political subdivision of the state;
(5) a regional educational attendance
area;
(7) at least 10 percent
of the persons registered to vote in a political subdivision of the state or in
a regional educational attendance area, if the petition seeks the alteration of
a municipality under AS 29.06, other than by local option under
AS
29.06.090(b)(2) or
AS
29.06.450(a)(2);
(8) at least 10 percent of the persons
registered to vote in
(A) the area proposed
for borough annexation by election under
3
AAC 110.210(3) or by legislative
review under
AS
29.06.040(b) or
AS
44.33.812(b)(2);
or
(B) the territory proposed for
city annexation by election under
3
AAC 110.150(3) or by legislative
review under
AS
29.06.040(b) or
AS
44.33.812(b)(2);
(9) at least 25 percent of the
persons registered to vote in
(A) the area
proposed for borough detachment by election under
AS
29.06.040(c)(2) or by
legislative review under
AS
29.06.040(b) or
AS
44.33.812(b)(2);
or
(B) the territory proposed for
city detachment by election under
AS
29.06.040(c)(2) or by
legislative review under
AS
29.06.040(b) or
AS
44.33.812(b)(2);
or
(10) the number of
qualified voters required under
(A)AS
29.04.040, if the petition seeks
reclassification of a city;
(B)AS
29.05.060, if the petition seeks a municipal
incorporation under
AS
29.05.060;
(C)AS
29.06.100(a), if the
petition seeks a municipal merger or consolidation under
AS
29.06.090(b)(2);
or
(D)AS
29.06.460(a), if the
petition seeks a municipal dissolution under
AS
29.06.450(a)(2).
(b) If, to achieve
compliance with
AS
29.06.100(a), a petition for
merger or consolidation must be signed by a percentage of voters from one or
more cities within a borough, and also by a percentage of voters in that
borough, all voters who sign the petition as borough voters must reside outside
any city or cities joining that petition. The number of borough voters required
to sign the petition must be based on the number of registered voters or the
number of votes cast in the area of the borough outside any city or cities
joining the petition.
(c) The
provisions of (a)(10) of this section may not be construed to apply to petition
procedures established by the commission under
AS
44.33.812(a)(2),
AS
29.06.040(c) for annexation
and detachment,
AS
29.06.090(b)(1) for merger
and consolidation, or
AS
29.06.450(a)(1) for
dissolution.
(d) A person
designated by the commission may initiate a petition if the commission
(1) determines that the action proposed will
likely promote the standards established under the Constitution of the State of
Alaska, AS 29.04, AS 29.05, AS 29.06, or this chapter, and is in the best
interests of the state; and
(2)
directs the designated person to prepare a petition by a motion approved by a
majority of the appointed membership of the commission.
(e) The person initiating a petition under
(a) of this section is the petitioner. A petition must include a designation of
(1) one person as representative of the
petitioner; and
(2) a second person
as an alternate representative, who may act if the primary representative is
absent, resigns, or fails to perform the representative's duties.
Authority: Art. X, sec. 1,
AS 29.04.040
AS 29.05.060
AS 29.06.040
AS 29.06.090
AS 29.06.100
AS 29.06.450
AS 29.06.460
AS 44.33.020
AS 44.33.812
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
