SB 313: "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition."
00SENATE BILL NO. 313 01 "An Act relating to sponsor certification of initiative petitions; relating to sponsor 02 identification during petition circulation; relating to the voidability of an initiated 03 law; placing limitations on the compensation that may be paid to sponsors of 04 initiative petitions; prohibiting payments to persons who sign or refrain from 05 signing initiative petitions; and repealing procedures for filing a supplementary 06 initiative petition." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 15.45.110 is amended by adding new subsections to read: 09 (b) A sponsor shall display identification containing the sponsor's name when 10 circulating a petition. 11 (c) A sponsor may not receive payment or agree to receive payment, and a 12 person or an organization may not pay or agree to pay, for the collection of signatures 13 on a petition if any part of the payment is based on the number of signatures collected. 14 This subsection does not prohibit a sponsor from being paid an amount that is not
01 based on the number of signatures collected. 02 (d) A person or organization may not knowingly pay, offer to pay, or cause 03 to be paid money or other valuable thing to a person to sign or refrain from signing 04 a petition. 05 (e) A person or organization that violates (b) - (d) of this section is guilty of 06 a class B misdemeanor. 07 (f) In this section, 08 (1) "organization" has the meaning given in AS 11.81.900; 09 (2) "other valuable thing" has the meaning given in AS 15.56.030(d); 10 (3) "person" has the meaning given in AS 11.81.900. 11 * Sec. 2. AS 15.45.130 is amended to read: 12 Sec. 15.45.130. Certification of sponsor. Before being filed, each petition 13 shall be certified by an affidavit by the sponsor who personally circulated the petition. 14 The affidavit must [SHALL] state in substance that (1) the person signing the affidavit 15 is a sponsor, (2) the person is the only circulator of that petition, (3) the signatures 16 were made in the sponsor's actual presence, [AND] (4) to the best of the sponsor's 17 knowledge, the signatures are those of the persons whose names they purport to be , 18 (5) the signatures are of persons who were qualified voters on the date of 19 signature, (6) the person has not entered into an agreement with a person or 20 organization in violation of AS 15.45.110(c), and (7) the person has not violated 21 AS 15.45.110(d) with respect to that petition . In determining the sufficiency of the 22 petition, the lieutenant governor may not count subscriptions on petitions not properly 23 certified. 24 * Sec. 3. AS 15.45.190 is amended to read: 25 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 26 direct the director to place the ballot title and proposition on the election ballot of the 27 first statewide general, special, or primary election that is held after 28 (1) the petition has [AND ANY SUPPLEMENTARY PETITION 29 HAVE] been filed ; [,] 30 (2) a legislative session has convened and adjourned ; [,] and 31 (3) a period of 120 days has expired since the adjournment of the
01 legislative session. 02 * Sec. 4. AS 15.45.240 is amended to read: 03 Sec. 15.45.240. Judicial review. Any person aggrieved by a determination 04 made by the lieutenant governor under AS 15.45.010 - 15.45.220 [AS 15.45.010 - 05 15.45.230] may bring an action in the superior court to have the determination 06 reviewed within 30 days of the date on which notice of the determination was given. 07 * Sec. 5. AS 15.56.090(a) is amended to read: 08 (a) A person commits the crime of improper subscription to petition if the 09 person 10 (1) signs a name other than the person's own to a petition proposing an 11 initiative, referendum, recall, or nomination of a candidate for state or local office; 12 (2) knowingly signs more than once for the same proposition, question, 13 or candidate at one election; [OR] 14 (3) signs a petition proposing an initiative, referendum, recall, or 15 nomination of a candidate for state or local office, while knowingly not being a 16 qualified voter ; or 17 (4) solicits, accepts, or agrees to accept money or other valuable 18 thing in exchange for signing or refraining from signing a petition proposing an 19 initiative; in this paragraph, "other valuable thing" has the meaning given in 20 AS 15.56.030(d) . 21 * Sec. 6. AS 15.45.170 and 15.45.230 are repealed. 22 * Sec. 7. APPLICABILITY. (a) AS 15.45.110(b), as enacted by sec. 1 of this Act, applies 23 only to sponsors of petitions that arise from an initiative application that is certified under 24 AS 15.45.070 on or after the effective date of this Act. 25 (b) AS 15.45.110 (c) - (f), as enacted by sec. 1 of this Act, apply only to agreements 26 entered into, payments under agreements entered into, and offers made on or after the effective 27 date of this Act. 28 (c) AS 15.45.130, as amended by sec. 2 of this Act, applies only to affidavits required 29 for filing of a petition that is certified under AS 15.45.070 on or after the effective date of this 30 Act. 31 (d) AS 15.56.090(a), as amended by sec. 5 of this Act, applies only to solicitations,
01 acceptances, or agreements made on or after the effective date of this Act. 02 (e) The amendment to AS 15.45.190 made by sec. 3 of this Act and the repeal of 03 AS 15.45.230 made by sec. 6 of this Act apply only to petitions that arise from an initiative 04 application that is certified under AS 15.45.070 on or after the effective date of this Act. 05 (f) The amendment to AS 15.45.240 made by sec. 4 of this Act and the repeal of 06 AS 15.45.170 made by sec. 6 of this Act apply only to initiatives that arise from an initiative 07 application that is certified under AS 15.45.070 on or after the effective date of this Act.