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Elections
Legal


Local Option Election

Contents

Introduction
Frequently Asked Questions

Narrative
Additional Resources
Applicable Laws

 

Introduction    Back to Top

The state legislature has enacted laws that provide a method for a community to control and impose certain limits on the availability of alcohol in a community. The "local option" laws found in Title 4 of the Alaska Statutes and Title 13 of the Alaska Administrative Code provide the method for either a municipality or an established village to impose these limits and requires community involvement through the petition and "local option" election process.

Within a municipality the local option statute, AS 04.11.491, provides five options that residents may vote on and within an established village there are four options. The reason for the difference is that a municipality may ban sale, except by premises operated by the municipality. Following is a synopsis of the options:

  • A ban on sale (AS 04.11.491(a)(1) within a municipality and (b)(1) within an established village);
  • A ban on sale, except by a type of licensee listed on the ballot and authorized in statute (AS 04.11.491(a)(2) within a municipality and (b)(2) within an established village),
  • A ban on sale, except by premises operated by a municipality (AS 04.11.491(a)(3));
  • A ban on sale and importation (AS 04.11.491(a)(4) within a municipality and AS 04.11.491(b)(3) within an established village); and
  • A ban on sale, importation, and possession (AS 04.11.491(a)(5) within a municipality and AS 04.11.491(b)(4) within an established village).

The process for adopting a local option varies some, depending on whether the option is being adopted within the boundaries of an incorporated municipality or an established village. In the case of an incorporated municipality, a local option election is administered by the municipality in accordance with the municipality's election ordinance, state statute - AS 29.26.110 - 160, and the procedure spelled out in Title 4. In an established village, the election is administered by the State of Alaska, Division of Elections in accordance with the state's election procedures found in Title 15 of the Alaska Statutes.

See the LOGON chapter on Alcohol Beverage Control for additional information on alcohol regulation and the LOGON chapter on Elections for information on conducting elections in general.

NOTE: In July 2003, Executive Order 110 transferred administration of the Alcohol Beverage Control Board established under Title 4 and applicable regulations from Department of Revenue to Department of Public Safety. The applicable regulations are now found under Title 13 of the Alaska Administrative Code.

 

Frequently Asked Questions    Back to Top

What is the procedure for holding a local option election in a municipality?

The local option process begins when sponsors submit an application for petition to the municipal clerk. The clerk then reviews the application and, if appropriate, prepares the petition, determines the number of signatures required, and returns it to the sponsor(s) to obtain signatures. After the petition receives the required number of signatures and is signed and dated by the sponsor, the city clerk reviews the petition and either certifies it as sufficient, or, if it is insufficient, returns it to the sponsor to correct. After the petition is certified, the clerk begins preparation for an election. If a special election is called, pre-clearance has to be gotten from Department of Justice.

The LOGON chapter on Electionsand the following steps detail the process for conducting a local option election:

1. After identifying the desired option, an interested party submits an application for petition to the municipal clerk with the following:

a. language substantially similar to the language in the local option statute (AS 04.11.491(c)) and AS 04.11.507(e)(2));
b. the name and address of a contact person and alternate (AS 29.26.110);
c. signatures of 10 sponsors, who are registered voters of the municipality (AS 29.26.110); and
d. deals only with a single subject (AS 29.26.110).

2. The municipal clerk has two weeks to review and certify the application and, if the application meets the requirements, prepare the petition (AS 29.26.120). The clerk reviews the application for the following:

a. to ensure the application is in proper form;
b. individuals who signed the application are registered voters;
c. the language is substantially similar to the language spelled out in the statute.

3. Within two weeks after certification of the application, the clerk must prepare a petition with:

a. the same question stated in the application, which must be at least substantially similar to the language in the statute and, where appropriate, a summary explanation of what effect the question will have and any required "commonly known as" language (AS 04.11.491 (c)&(d)). Include the question and summary on each page;
b. the date the clerk issues the petition (AS 29.26.120(3));
c. notice that the signatures must be obtained within 90 days of the date the clerk issues the petition (AS 29.26.120(4));
d. 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 (AS 29.26.120(5));
e. a statement, with space for the sponsor's sworn signature, 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 claim to be (AS 29.26.120(6)); and
f. a space for showing the total number of signatures on the petition (AS 29.26.120(7)) (35% or more of the number of votes cast in the last regular municipal election (AS 04.11.507(b)).

Signatures must be in ink and must be legible.

After the petition is prepared, the clerk must notify the contact person in writing. The contact person is responsible for notifying the other sponsors. Copies of the petition must be available for each sponsor that requests one (AS 29.26.120(c)).

4. After the petition receives the required number of good signatures (35% or more of the number of votes cast in the last regular municipal election), it must be assembled and submitted as a single document to the municipal clerk and signed and dated by the sponsor stating that the signatures are true and correct (AS 29.26.140).

Signatures must be legible, unless accompanied by a legible printed name; must be accompanied by a legible address; and must be a person who resides in the affected area, or they are to be rejected by the clerk (AS 29.26.130).

5. The clerk has 10 days to certify whether the petition is sufficient and if the petition is insufficient, notify