HB 247: "An Act relating to election of municipal governing bodies and municipal school boards."
00HOUSE BILL NO. 247 01 "An Act relating to election of municipal governing bodies and municipal school 02 boards." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.08.041(b) is amended to read: 05 (b) The qualified voters of the communities receiving educational services in 06 each regional educational attendance area shall elect a regional school board of not less 07 than five nor more than 11 [ELEVEN] members to be elected for the same term and 08 [,] in the same manner [, AND WITH THE SAME QUALIFICATIONS] as in a city 09 or borough school district board under AS 14.12. To be eligible to be a regional 10 school board member, a person must have the same qualifications as are 11 necessary to be a voter in the regional educational attendance area. The initial 12 number of regional school board members shall be determined by the department in 13 consultation with the local communities in the regional educational attendance areas. 14 However, the qualified voters in a regional educational attendance area may increase
01 or decrease the number of regional school board members established under this 02 section by placing the question on the ballot at a regular school board election in the 03 manner prescribed by law. A change in the number of school board members is not 04 effective until the next regular school board election. 05 * Sec. 2. AS 29.20.060(a) is amended to read: 06 (a) Assembly composition and apportionment shall be consistent with the equal 07 representation standards of the Constitution of the United States. Members of the 08 assembly shall be elected from single member districts established by ordinance. 09 Only a district resident may be a candidate from that same district and only a 10 voter residing within the district may vote for a member from that district. 11 * Sec. 3. AS 29.20.080(a) is amended to read: 12 (a) Not later than 90 days [TWO MONTHS] after the official report of a 13 federal decennial census, the assembly shall determine and declare by resolution 14 whether the existing apportionment of the assembly meets the standards of 15 AS 29.20.060. [IF THE ASSEMBLY SUBMITS TO THE VOTERS A FORM OF 16 REPRESENTATION THAT INCLUDES ELECTION OF ASSEMBLY MEMBERS 17 UNDER AS 29.20.070(b)(2) OR (b)(3) THE ASSEMBLY SHALL SUBMIT WITH 18 THE PROPOSITION A PROPOSED PLAN OF APPORTIONMENT THAT 19 CORRESPONDS TO THE FORM OF REPRESENTATION PROPOSED. THE 20 ASSEMBLY SHALL DESCRIBE THE PLAN OF APPORTIONMENT IN THE 21 BALLOT PROPOSITION, AND MAY PRESENT THE PLAN IN ANY MANNER 22 THAT IT BELIEVES ACCURATELY DESCRIBES THE APPORTIONMENT THAT 23 IS PROPOSED UNDER THE FORM OF REPRESENTATION. IF THE ASSEMBLY 24 DETERMINES THAT ITS EXISTING APPORTIONMENT MEETS THE 25 STANDARDS OF AS 29.20.060, THE ASSEMBLY MAY INCLUDE THE 26 EXISTING APPORTIONMENT AS A PROPOSED PLAN OF APPORTIONMENT 27 OF ASSEMBLY SEATS THAT CORRESPONDS TO A FORM OF 28 REPRESENTATION THAT IS PROPOSED.] 29 * Sec. 4. AS 29.20.080(e) is amended to read: 30 (e) Within 90 days [SIX MONTHS] after a determination by the assembly 31 under (a), (b), or (c) of this section that the current apportionment does not meet the
01 standards of AS 29.20.060, the assembly shall adopt an ordinance providing for 02 redistricting and reapportionment [AND SUBMIT THE ORDINANCE TO THE 03 VOTERS. IF, AT THE END OF THE SIX-MONTH TIME PERIOD, AN 04 ORDINANCE PROVIDING FOR REAPPORTIONMENT HAS NOT BEEN 05 APPROVED BY THE VOTERS, THE COMMISSIONER SHALL PROVIDE FOR 06 THE REAPPORTIONMENT IN ACCORDANCE WITH THE STANDARDS OF 07 AS 29.20.060 BY PREPARING AN ORDER OF REAPPORTIONMENT AND 08 DELIVERING THE ORDER TO THE BOROUGH MAYOR]. 09 * Sec. 5. AS 29.20.100 is repealed and reenacted to read: 10 Sec. 29.20.100. JUDICIAL REVIEW AND RELIEF. Any voter may bring an 11 action in superior court to enforce the requirements of AS 29.20.060 or to correct an 12 error in redistricting or reapportionment. An action to correct an error in redistricting 13 or reapportionment must be brought within 30 days after the adoption of a redistricting 14 and reapportionment ordinance under AS 29.20.080(e). 15 * Sec. 6. AS 29.20.110 is amended to read: 16 Sec. 29.20.110. EFFECTIVE DATE OF APPORTIONMENT. (a) A change 17 in assembly apportionment [OR COMPOSITION] under AS 29.20.080 [OR 29.20.090] 18 is effective beginning with the first regular election for members of the assembly that 19 is held more than 60 days after the adoption of the redistricting and 20 reapportionment ordinance [LATER OF 21 (1) APPROVAL OF A REAPPORTIONMENT ORDINANCE BY 22 THE VOTERS UNDER AS 29.20.080(a), 29.20.080(e), OR 29.20.090(d); OR 23 (2) THE DELIVERY TO THE MAYOR OF A REAPPORTIONMENT 24 ORDER OF THE COMMISSIONER UNDER AS 29.20.090(e)]. 25 (b) The provisions of (a) of this section do not apply to a borough in which 26 a change in assembly [COMPOSITION OR] apportionment is subject to review and 27 approval or determination of nonobjection by the Attorney General of the United States 28 under 42 U.S.C. 1971-1974 (Voting Rights Act of 1965), as amended. A change in 29 assembly [COMPOSITION OR] apportionment subject to review under 42 U.S.C. 30 1971-1974, as amended, is effective beginning with the first regular election for 31 members of the assembly that is held more than 60 days after
01 (1) receipt by the assembly of approval by the Attorney General of the 02 United States of the proposed change in the [COMPOSITION OR] apportionment of 03 the assembly; or 04 (2) [THE DELIVERY TO THE MAYOR OF A REAPPORTIONMENT 05 ORDER OF THE COMMISSIONER UNDER AS 29.20.090(e); OR 06 (3)] the last day on which the Attorney General of the United States 07 may review a proposed change in the [COMPOSITION OR] apportionment of the 08 assembly. 09 * Sec. 7. AS 29.20.120 is amended to read: 10 Sec. 29.20.120. APPLICABILITY OF APPORTIONMENT PROVISIONS. 11 The provisions of AS 29.20.060 - 29.20.110 [AS 29.20.080 - 29.20.110] apply to home 12 rule and general law municipalities [, EXCEPT THEY DO NOT APPLY TO A 13 (1) UNIFIED MUNICIPALITY; 14 (2) HOME RULE BOROUGH IF THE BOROUGH, BY HOME RULE 15 CHARTER, PROVIDES FOR REAPPORTIONMENT OF THE ASSEMBLY]. 16 * Sec. 8. AS 29.20.130 is amended to read: 17 Sec. 29.20.130. CITY COUNCIL COMPOSITION. Each first class city has 18 a council of six members elected from single member districts [BY THE VOTERS 19 AT LARGE]. Each second class city has a council of seven members elected from 20 single member districts. Formation of election districts, apportionment, 21 redistricting, and reapportionment for council elections shall be accomplished by 22 ordinance in accordance with procedures and requirements for apportionment 23 and reapportionment applicable to boroughs under AS 29.20.060 - 29.20.120 [BY 24 THE VOTERS AT LARGE. THE COUNCIL OF A FIRST OR SECOND CLASS 25 CITY MAY BY ORDINANCE PROVIDE FOR ELECTION OF MEMBERS OTHER 26 THAN ON AN AT-LARGE BASIS FOR ALL MEMBERS]. 27 * Sec. 9. AS 29.20.300(a) is amended to read: 28 (a) Each municipal school district has a school board. Except as provided in 29 (b) of this section, members of a school board are elected at the regular election for 30 three-year terms and until their successors take office. Each member is elected from 31 a separate district. Formation of election districts, apportionment, redistricting,
01 and reapportionment for school board elections shall be accomplished by 02 ordinance in accordance with procedures and requirements for apportionment 03 and reapportionment applicable to boroughs under AS 29.20.060 - 29.20.120. 04 Qualifications for school board members are the same as those set for members 05 of the governing body in that municipality [MEMBERS ARE ELECTED AT 06 LARGE UNLESS A DIFFERENT METHOD OF ELECTION HAS BEEN 07 APPROVED BY THE VOTERS IN A REGULAR ELECTION]. 08 * Sec. 10. AS 14.12.080; AS 29.20.060(e), 29.20.070, 29.20.080(d), and 29.20.090 are 09 repealed. 10 * Sec. 11. TRANSITION. Each municipality shall adopt ordinances that comply with this 11 Act by January 1, 1997. Ordinances in effect on the effective date of this Act remain in effect 12 until January 1, 1997, unless amended or repealed by the municipality, regardless of whether 13 they comply with provisions of this Act.