00 HOUSE BILL NO. 438 01 "An Act relating to initiative, referendum, and recall petitions; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 15.45.105 is amended to read: 05 Sec. 15.45.105. Qualifications of circulator. To circulate a petition booklet, a 06 person shall be 07 (1) a citizen of the United States; 08 (2) 18 years of age or older; [AND] 09 (3) a resident of the state as determined under AS 15.05.020; and  10 (4) not registered to vote in any other state. 11  * Sec. 2. AS 15.45.110(c) is amended to read: 12 (c) A circulator may not receive payment or agree to receive payment that is 13 greater than $1 a signature, and a person or an organization may not pay or agree to 14 pay an amount that is greater than $1 a signature, for the collection of signatures on a 01 petition. In addition to $1 a signature, a person or organization may pay a  02 circulator and a circulator may receive up to $15 to cover the cost of meals for  03 each day that the circulator travels more than 100 miles from the circulator's  04 home in the course of circulating the petition if the circulator certifies, on a form  05 prescribed by the division of elections, that the circulator has traveled more than  06 100 miles from the circulator's home on the day for which the payment is  07 received. A person or organization may not pay a circulator and a circulator may  08 not receive payment  09 (1) other than that specified in this subsection for circulating a  10 petition;  11 (2) for any work other than collecting signatures, including  12 administrative work, relating to the initiative for which the circulator is  13 collecting signatures. 14  * Sec. 3. AS 15.45.110 is amended by adding new subsections to read: 15 (g) A person who pays a circulator and a circulator who receives 16 compensation other than that permitted under (c) of this section are liable to the state 17 for a civil fine of $1 for each signature gathered by the circulator on a petition filed 18 with the lieutenant governor. 19 (h) In determining the sufficiency of a petition, the lieutenant governor may 20 not count subscriptions on a petition circulated by a circulator who violated (c) of this 21 section. 22  * Sec. 4. AS 15.45 is amended by adding a new section to read: 23 Sec. 15.45.115. Mandatory training. (a) At least once during each two-year 24 period between general elections, the division of elections shall offer training 25 explaining the legal requirements for initiative petitions. Each committee applying for 26 or circulating an initiative petition during that period shall attend the training. 27 (b) Before giving a petition to a circulator, the sponsors shall instruct the 28 circulator on the legal requirements for initiative petitions.  29  * Sec. 5. AS 15.45.130 is amended to read: 30 Sec. 15.45.130. Certification of circulator. Before being filed, each petition 31 shall be certified by an affidavit by the person who personally circulated the petition. 01 In determining the sufficiency of the petition, the lieutenant governor may not count 02 subscriptions on petitions not properly certified at the time of filing or corrected before 03 the subscriptions are counted. The affidavit must state in substance 04 (1) that the person signing the affidavit meets the residency, age, and 05 citizenship qualifications for circulating a petition under AS 15.45.105; 06 (2) that the person is the only circulator of that petition; 07 (3) that the signatures were made in the circulator's actual presence; 08 (4) that, to the best of the circulator's knowledge, the signatures are the 09 signatures of the persons whose names they purport to be; 10 (5) that, to the best of the circulator's knowledge, the signatures are of 11 persons who were qualified voters on the date of signature; 12 (6) that the circulator has not entered into an agreement with a person 13 or organization in violation of AS 15.45.110(c); 14 (7) that the circulator has not violated AS 15.45.110(d) with respect to 15 that petition; [AND] 16 (8) whether the circulator has received payment or agreed to receive 17 payment for the collection of signatures on the petition, and, if so, the name of each 18 person or organization that has paid or agreed to pay the circulator for collection of 19 signatures on the petition;  20 (9) that the circulator is not registered to vote in another state; and  21 (10) that the circulator was instructed by the sponsors on the legal  22 requirements of AS 15.45.010 - 15.45.245.  23  * Sec. 6. AS 15.45 is amended by adding a new section to read: 24 Sec. 15.45.135. Advance verification of subscriptions. The sponsors may, 25 before filing a petition under AS 15.45.140, submit individual numbered petitions 26 prepared under AS 15.45.090 containing up to a total of 2,000 subscriptions to the 27 director for review. The director shall, within 45 days, determine whether each 28 subscription submitted for review is that of a qualified voter and notify the sponsors of 29 the number of signatures of qualified voters from each district in the petitions 30 submitted. The director shall assess and the sponsors shall pay a fee of $1 for each 31 subscription submitted under this section. 01  * Sec. 7. AS 15.45.335 is amended to read: 02 Sec. 15.45.335. Qualifications of circulator. To circulate a petition booklet, a 03 person shall be 04 (1) a citizen of the United States; 05 (2) 18 years of age or older; [AND] 06 (3) a resident of the state as determined under AS 15.05.020; and  07 (4) not registered to vote in any other state. 08  * Sec. 8. AS 15.45.340(b) is amended to read: 09 (b) A circulator may not receive payment or agree to receive payment that is 10 greater than $1 a signature, and a person or an organization may not pay or agree to 11 pay an amount that is greater than $1 a signature, for the collection of signatures on a 12 petition. In addition to $1 a signature, a person or organization may pay a  13 circulator and a circulator may receive up to $15 to cover the cost of meals for  14 each day that the circulator travels more than 100 miles from the circulator's  15 home in the course of circulating the petition if the circulator certifies, on a form  16 prescribed by the division of elections, that the circulator has traveled more than  17 100 miles from the circulator's home on the day for which the payment is  18 received. A person or organization may not pay a circulator and a circulator may  19 not receive payment  20 (1) other than that specified in this subsection for circulating a  21 petition;  22 (2) for any work other than collecting signatures, including  23 administrative work, relating to the referendum for which the circulator is  24 collecting signatures.  25  * Sec. 9. AS 15.45.340 is amended by adding new subsections to read: 26 (f) A person who pays a circulator and a circulator who receives compensation 27 other than that permitted under (b) of this section are liable to the state for a civil fine 28 of $1 for each signature gathered by the circulator on a petition filed with the 29 lieutenant governor. 30 (g) In determining the sufficiency of a petition, the lieutenant governor may 31 not count subscriptions on a petition circulated by a circulator who violated (b) of this 01 section. 02  * Sec. 10. AS 15.45 is amended by adding a new section to read: 03 Sec. 15.45.345. Mandatory training. (a) At least once during each two-year 04 period between general elections, the division of elections shall offer training 05 explaining the legal requirements for referendum petitions. Each committee applying 06 for or circulating a referendum petition during that period shall attend the training. 07 (b) Before giving a petition to a circulator, the sponsors shall instruct the 08 circulator on the legal requirements for referendum petitions. 09  * Sec. 11. AS 15.45.360 is amended to read: 10 Sec. 15.45.360. Certification of circulator. Before being filed, each petition 11 shall be certified by an affidavit by the person who personally circulated the petition. 12 In determining the sufficiency of the petition, the lieutenant governor may not count 13 subscriptions on petitions not properly certified at the time of filing or corrected before 14 the subscriptions are counted. The affidavit must state in substance 15 (1) that the person signing the affidavit meets the residency, age, and 16 citizenship qualifications for circulating a petition under AS 15.45.335; 17 (2) that the person is the only circulator of that petition; 18 (3) that the signatures were made in the circulator's actual presence; 19 (4) that, to the best of the circulator's knowledge, the signatures are the 20 signatures of the persons whose names they purport to be; 21 (5) that, to the best of the circulator's knowledge, the signatures are of 22 persons who were qualified voters on the date of signature; 23 (6) that the circulator has not entered into an agreement with a person 24 or organization in violation of AS 15.45.340(b); 25 (7) that the circulator has not violated AS 15.45.340(c) with respect to 26 that petition; [AND] 27 (8) whether the circulator has received payment or agreed to receive 28 payment for the collection of signatures on the petition, and, if so, the name of each 29 person or organization that has paid or agreed to pay the circulator for collection of 30 signatures on the petition;  31 (9) that the circulator is not registered to vote in another state; and 01 (10) that the circulator was instructed by the sponsors on the legal  02 requirements of AS 15.45.250 - 15.45.465. 03  * Sec. 12. AS 15.45 is amended by adding a new section to read: 04 Sec. 15.45.365. Advance verification of subscriptions. The sponsors may, 05 before filing a petition under AS 15.45.370, submit individual numbered petitions 06 prepared under AS 15.45.320 containing up to a total of 2,000 subscriptions to the 07 director for review. The director shall, within 45 days, determine whether each 08 subscription submitted for review is that of a qualified voter and notify the sponsors of 09 the number of signatures of qualified voters from each district in the petitions 10 submitted. The director shall assess and the sponsors shall pay a fee of $1 for each 11 subscription submitted under this section. 12  * Sec. 13. AS 15.45.490 is amended to read: 13 Sec. 15.45.490. Time of filing application. An application may not be filed 14 during the first 120 days or the last 270 days of the term of office of any state public 15 official subject to recall. 16  * Sec. 14. AS 15.45.500 is amended to read: 17 Sec. 15.45.500. Form of application. The application must include 18 (1) the name and office of the person to be recalled; 19 (2) the grounds for recall described in particular in not more than 200 20 words; 21 (3) the printed name, the signature, the address, and a numerical 22 identifier of qualified voters equal in number to 20 [10] percent of those who voted in 23 the preceding general election in the state or in the senate or house district of the 24 official sought to be recalled, 100 of whom will serve as sponsors; each signature page 25 must include a statement that the qualified voters signed the application with the name 26 and office of the person to be recalled and the statement of grounds for recall attached; 27 [AND] 28 (4) the designation of a recall committee consisting of three of the 29 qualified voters who subscribed to the application and shall represent all sponsors and 30 subscribers in matters relating to the recall; the designation must include the name, 31 mailing address, and signature of each committee member; and  01 (5) a certification by each member of the recall committee, under  02 penalty of perjury, that the facts alleged in the application are true to the best of  03 the member's knowledge. 04  * Sec. 15. AS 15.45.510 is amended by adding a new subsection to read: 05 (b) In this section, 06 (1) "corruption" means an act done by a person who is subject to recall 07 under AS 15.45.470 with an intent to give some advantage inconsistent with official 08 duty and the rights of others; 09 (2) "incompetence" means substantial inability to perform the duties of 10 office; 11 (3) "lack of fitness" means the existence of a long-term physical or 12 mental disability that seriously impairs the official's ability to perform the duties of the 13 office; 14 (4) "neglect of duties" means failure to perform a duty of office 15 established by law. 16  * Sec. 16. AS 15.45.550 is amended to read: 17 Sec. 15.45.550. Bases of denial of certification. The director shall deny 18 certification upon determining that 19 (1) the application is not substantially in the required form; 20 (2) the application was filed during the first 120 days of the term of 21 office of the official subject to recall or within less than 270 [180] days of the 22 termination of the term of office of any official subject to recall; 23 (3) the person named in the application is not subject to recall; or 24 (4) there is an insufficient number of qualified subscribers. 25  * Sec. 17. AS 15.45.575 is amended to read: 26 Sec. 15.45.575. Qualifications of circulator. To circulate a petition booklet, a 27 person shall be 28 (1) a citizen of the United States; 29 (2) 18 years of age or older; [AND] 30 (3) a resident of the state as determined under AS 15.05.020; and  31 (4) not registered to vote in any other state. 01  * Sec. 18. AS 15.45.580(b) is amended to read: 02 (b) A circulator may not receive payment or agree to receive payment that is 03 greater than $1 a signature, and a person or an organization may not pay or agree to 04 pay an amount that is greater than $1 a signature, for the collection of signatures on a 05 petition. In addition to $1 a signature, a person or organization may pay a  06 circulator and a circulator may receive up to $15 to cover the cost of meals for  07 each day that the circulator travels more than 100 miles from the circulator's  08 home in the course of circulating the petition if the circulator certifies, on a form  09 prescribed by the division of elections, that the circulator has traveled more than  10 100 miles from the circulator's home on the day for which the payment is  11 received. A person or organization may not pay a circulator and a circulator may  12 not receive payment  13 (1) other than that specified in this subsection for circulating a  14 petition;  15 (2) for any work other than collecting signatures, including  16 administrative work, relating to the recall petition for which the circulator is  17 collecting signatures.  18  * Sec. 19. AS 15.45.580 is amended by adding new subsections to read: 19 (f) A person who pays a circulator and a circulator who receives compensation 20 other than that permitted under (b) of this section are liable to the state for a civil fine 21 of $1 for each signature gathered by the circulator on a petition filed with the 22 lieutenant governor. 23 (g) In determining the sufficiency of a petition, the lieutenant governor may 24 not count subscriptions on a petition circulated by a circulator who violated (b) of this 25 section. 26  * Sec. 20. AS 15.45 is amended by adding a new section to read: 27 Sec. 15.45.585. Mandatory training. (a) At least once during each two-year 28 period between general elections, the division of elections shall offer training 29 explaining the legal requirements for recall petitions. Each committee applying for or 30 circulating a recall petition during that period shall attend the training. 31 (b) Before giving a petition to a circulator, the sponsors shall instruct the 01 circulator on the legal requirements for recall petitions. 02  * Sec. 21. AS 15.45.600 is amended to read: 03 Sec. 15.45.600. Certification of circulator. Before being filed, each petition 04 shall be certified by an affidavit by the person who personally circulated the petition. 05 In determining the sufficiency of the petition, the lieutenant governor may not count 06 subscriptions on petitions not properly certified at the time of filing or corrected before 07 the subscriptions are counted. The affidavit must state in substance 08 (1) that the person signing the affidavit meets the residency, age, and 09 citizenship qualifications for circulating a petition under AS 15.45.575; 10 (2) that the person is the only circulator of that petition; 11 (3) that the signatures were made in the circulator's actual presence; 12 (4) that, to the best of the circulator's knowledge, the signatures are the 13 signatures of the persons whose names they purport to be; 14 (5) that, to the best of the circulator's knowledge, the signatures are of 15 persons who were qualified voters on the date of signature; 16 (6) that the circulator has not entered into an agreement with a person 17 or organization in violation of AS 15.45.580(b); 18 (7) that the circulator has not violated AS 15.45.580(c) with respect to 19 that petition; [AND] 20 (8) whether the circulator has received payment or agreed to receive 21 payment for the collection of signatures on the petition, and, if so, the name of each 22 person or organization that has paid or agreed to pay the circulator for collection of 23 signatures on the petition;  24 (9) that the circulator is not registered to vote in another state; and 25 (10) that the circulator was instructed by the sponsors on the legal  26 requirements of AS 15.45.470 - 15.45.720. 27  * Sec. 22. AS 15.45 is amended by adding a new section to read: 28 Sec. 15.45.605. Advance verification of subscriptions. The sponsors may, 29 before filing a petition under AS 15.45.610, submit individual numbered petitions 30 prepared under AS 15.45.560 containing up to a total of 2,000 subscriptions to the 31 director for review. The director shall, within 45 days, determine whether each 01 subscription submitted for review is that of a qualified voter and notify the sponsors of 02 the number of signatures of qualified voters from each district in the petitions 03 submitted. The director shall assess and the sponsors shall pay a fee of $1 for each 04 subscription submitted under this section. 05  * Sec. 23. AS 15.45.610 is amended to read: 06 Sec. 15.45.610. Filing of petition. A petition may not be filed within less than 07 270 [180] days of the termination of the term of office of a state public official subject 08 to recall. The sponsor may file the petition only if signed by qualified voters equal in 09 number to 30 [25] percent of those who voted in the preceding general election in the 10 state or in the senate or house district of the official sought to be recalled. 11  * Sec. 24. AS 15.45.630 is amended to read: 12 Sec. 15.45.630. Bases for determining the petition was improperly filed.  13 The director shall notify the committee that the petition was improperly filed upon 14 determining that 15 (1) there is an insufficient number of qualified subscribers; or 16 (2) the petition was filed within less than 270 [180] days of the 17 termination of the term of office of the official subject to recall. 18  * Sec. 25. AS 15.45.640 is amended to read: 19 Sec. 15.45.640. Submission of supplementary petition. Upon receipt of 20 notice that the filing of the petition was improper, the committee may amend and 21 correct the petition by circulating and filing a supplementary petition. The  22 supplementary petition must be filed not later than 270 days before [WITHIN 20 23 DAYS OF THE DATE THAT NOTICE WAS GIVEN, IF FILED WITHIN LESS 24 THAN 180 DAYS OF] the termination of the term of office of the person subject to 25 recall. 26  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION. A proposed initiative, referendum, or recall for which an application 29 was filed with the lieutenant governor before the effective date of the Act is subject to the 30 provisions of AS 15.45 as they existed on the day before the effective date of this Act. 31  * Sec. 27. This Act takes effect immediately under AS 01.10.070(c).