HB 250: "An Act relating to municipal and school board elections; declaring Election Day a holiday; relating to terms of office for municipal mayors, municipal governing bodies, elected utility boards, and school boards; and providing for an effective date."
00 HOUSE BILL NO. 250 01 "An Act relating to municipal and school board elections; declaring Election Day a 02 holiday; relating to terms of office for municipal mayors, municipal governing bodies, 03 elected utility boards, and school boards; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.08.061(a) is amended to read: 06 (a) Members elected to a regional school board shall serve four-year 07 [STAGGERED THREE-YEAR] terms. However, 08 (1) the term of office of all of the members of a regional school board 09 elected from the same multi-member section may not expire at the same time; and 10 (2) for the first board elected, the term of office of each member shall 11 be determined by lot, according to the following schedule: 12 (A) the members of the first five-member school board shall 13 hold office for terms as follows: three members [ONE MEMBER] for a four- 14 year [ONE-YEAR] term and [;] two members for a two-year term [AND
01 TWO FOR A THREE-YEAR TERM]; 02 (B) the members of the first seven-member school board shall 03 hold office for terms as follows: four [TWO] members for a four-year [ONE- 04 YEAR] term and three members [; TWO] for a two-year term [AND THREE 05 FOR A THREE-YEAR TERM]; 06 (C) the members of the first nine-member school board shall 07 hold office for terms as follows: five members [THREE] for a four-year 08 [ONE-YEAR] term and four members [; THREE] for a two-year term [AND 09 THREE FOR A THREE-YEAR TERM]; 10 (D) the members of the first 11-member school board shall 11 hold office for terms as follows: six members [THREE] for a four-year 12 [ONE-YEAR] term and five members [, FOUR] for a two-year term [AND 13 FOUR FOR A THREE-YEAR TERM]. 14 * Sec. 2. AS 14.08.071(b) is amended to read: 15 (b) Except for the first election of regional school board members under (a) of 16 this section, elections shall be held [ANNUALLY] on the [FIRST] Tuesday after the 17 first Monday in November of each even-numbered year [IN OCTOBER]. Elections 18 shall be supervised by the director of elections in the office of the lieutenant governor, 19 but shall be administered within second class cities as part of the regular municipal 20 election. The lieutenant governor shall adopt regulations for the conduct of the 21 election of regional school board members comparable, as far as practicable, to those 22 prescribed for election of school board members under AS 14.12 and AS 29.20.300 23 except that the majority election requirements of AS 29.26.060 do not apply to, nor 24 may the regulations require runoff elections for, the first election of regional school 25 board members under (a) of this section or, if a school board by resolution so requests, 26 to subsequent elections in the regional educational attendance area served by that 27 school board. 28 * Sec. 3. AS 14.08.071(e) is amended to read: 29 (e) The lieutenant governor may provide for the election of an advisory school 30 board established under AS 14.08.115. An election conducted under this subsection 31 shall be held on the [FIRST] Tuesday after the first Monday in November of each
01 even-numbered year [IN OCTOBER]. The lieutenant governor may adopt 02 regulations governing an election conducted under this subsection. 03 * Sec. 4. AS 14.12.050(a) is amended to read: 04 (a) The term of office of a member of a borough or city school board is four 05 [THREE] years and until a successor takes office. However, the members of a newly 06 created five-member school board hold office for initial terms as follows: three 07 members [TWO] for a term of four [THREE] years and [,] two members for a term 08 of two years, [AND ONE FOR A TERM OF ONE YEAR,] the terms being assigned 09 to the members by lot. The members of a newly created seven-member school board 10 hold office for initial terms as follows: four members [THREE] for a term of four 11 [THREE] years and three members [, TWO] for a term of two years, [AND TWO 12 FOR A TERM OF ONE YEAR,] the terms being assigned to the members by lot. 13 * Sec. 5. AS 14.12.050(b) is amended to read: 14 (b) When a transition is made from a five-member school board to a seven- 15 member school board, the length of the terms of office for the two new members to be 16 elected shall be determined by lot, one member for a term of four years and one 17 member for a term of two years [SO THAT WHEN THE TERMS OF OFFICE FOR 18 THE TWO NEW MEMBERS ARE ASSIGNED, THE TERMS OF OFFICE FOR 19 THE ENTIRE SEVEN-MEMBER BOARD SHALL BE AS FOLLOWS: THREE 20 MEMBERS HAVE A THREE-YEAR TERM, TWO MEMBERS HAVE A TWO- 21 YEAR TERM, AND TWO MEMBERS HAVE A ONE-YEAR TERM. A SEVEN- 22 MEMBER SCHOOL BOARD, THE TERMS OF OFFICE OF WHOSE MEMBERS 23 AT THE TIME OF TRANSITION FROM A FIVE-MEMBER BOARD DID NOT 24 RESULT IN TERMS EXPIRING IN THE MANNER PROVIDED IN THIS 25 SECTION, MAY, BY RESOLUTION ADOPTED BY A MAJORITY OF THE 26 MEMBERS OF THE BOARD, ADJUST THE TERMS OF OFFICE TO CONFORM 27 TO THE SCHEDULE FOR EXPIRATION OF TERMS OF OFFICE PROVIDED IN 28 THIS SECTION]. 29 * Sec. 6. AS 29.04.040(d) is amended to read: 30 (d) The council shall, within 30 days after receiving notification from the 31 Local Boundary Commission that a petition has been accepted, order an election on
01 the question of reclassification. The election shall be held at least 30 days after the 02 order and not later than either the next regular election occurring after the 30-day 03 period or 180 days after the 30-day period, whichever is earlier. If more than one 04 question is to be voted on at the election, each shall appear separately on the ballot. 05 * Sec. 7. AS 29.05.120(f) is amended to read: 06 (f) The initial elected members of the governing body shall determine by lot 07 the length of their terms of office so that as close as possible to a proportionate 08 number of terms expire each even year, resulting in staggered terms of office for 09 members subsequently elected. 10 * Sec. 8. AS 29.20.070(b) is amended to read: 11 (b) Not later than either the first regular election that occurs after adoption of 12 a final state redistricting plan under art. VI, sec. 10, Constitution of the State of 13 Alaska, or 180 days after the adoption, whichever is earlier, the assembly shall 14 propose and submit to the voters of the borough, at that regular election or at a special 15 election called for the purpose, one or more forms of assembly representation. The 16 forms of representation that the assembly may submit to the voters are: 17 (1) election of members of the assembly at large by the voters 18 throughout the borough; 19 (2) election of members of the assembly by district, including 20 (A) election at large by the voters throughout the borough, but 21 with a requirement that a candidate live in an election district established by 22 the borough for election of assembly members; or 23 (B) election from election districts established by the borough 24 for the election of assembly members by the voters of a district; 25 (3) election of members of the assembly both at large and by district. 26 * Sec. 9. AS 29.20.150(a) is amended to read: 27 (a) A member of the governing body is elected for a four-year [THREE- 28 YEAR] term and until a successor qualifies [, UNLESS A DIFFERENT TERM NOT 29 EXCEEDING FOUR YEARS IS PRESCRIBED BY HOME RULE CHARTER OR 30 ORDINANCE]. 31 * Sec. 10. AS 29.20.230(a) is amended to read:
01 (a) The mayor of a borough or first class city is elected at large. The mayor of 02 a borough or first class city serves a term of four [THREE] years [, UNLESS BY 03 ORDINANCE A DIFFERENT TERM NOT TO EXCEED FOUR YEARS IS 04 PROVIDED. THE CURRENT TERM OF AN INCUMBENT MAYOR MAY NOT 05 BE ALTERED]. The regular term of a mayor of a borough or first class city begins on 06 the first Monday following certification of the election. 07 * Sec. 11. AS 29.20.300(a) is amended to read: 08 (a) Each municipal school district has a school board. Except as provided in 09 (b) of this section, members of a school board are elected at the regular election for 10 four-year [THREE-YEAR] terms and until their successors take office. Members are 11 elected at large unless a different method of election has been approved by the voters 12 in a regular election. 13 * Sec. 12. AS 29.20.310(b) is amended to read: 14 (b) As determined by ordinance, members of a utility board are either 15 appointed by the mayor and confirmed by the governing body or [ARE] elected at a 16 regular election. The term of a utility board member is two years and until a successor 17 is selected and qualifies. [HOWEVER, THE GOVERNING BODY MAY BY 18 ORDINANCE PROVIDE FOR A DIFFERENT TERM NOT TO EXCEED FOUR 19 YEARS. THE CURRENT TERM OF AN ELECTED INCUMBENT MAY NOT BE 20 ALTERED.] 21 * Sec. 13. AS 29.26.040 is amended to read: 22 Sec. 29.26.040. Date of regular election. The date of a regular election is the 23 [FIRST] Tuesday after the first Monday in November of each even-numbered 24 year [OF OCTOBER ANNUALLY, UNLESS A DIFFERENT DATE OR 25 INTERVAL OF YEARS IS PROVIDED BY ORDINANCE]. 26 * Sec. 14. AS 29.26.170(a) is amended to read: 27 (a) Unless substantially the same measure is adopted, when a petition seeks an 28 initiative vote, the clerk shall submit the matter to the voters at the next regular 29 election or, if already scheduled, special election occurring not sooner than 60 days 30 after certification of the petition. If no election is scheduled to occur within 75 days 31 after the certification of a petition and the governing body determines it is in the best
01 interest of the municipality, the governing body may by ordinance order a special 02 election to be held on the matter before the next election that is already scheduled, but 03 not sooner than 60 days after certification of the petition. If no election is scheduled 04 to occur within 180 days after the certification of a petition, the governing body 05 shall by ordinance order a special election to be held on the matter not sooner 06 than 60 days after certification of the petition and not later than 180 days after 07 certification of the petition. 08 * Sec. 15. AS 29.26.180(a) is amended to read: 09 (a) Unless the ordinance or resolution is repealed, when a petition seeks a 10 referendum vote, the clerk shall submit the matter to the voters at the next regular 11 election or, if already scheduled, special election occurring not sooner than 60 days 12 after certification of the petition. If no election is scheduled to occur within 75 days 13 after certification of a petition and the governing body determines it is in the best 14 interest of the municipality, the governing body may by ordinance order a special 15 election to be held on the matter before the next election that is already scheduled, but 16 not sooner than 60 days after certification of the petition. If no election is scheduled 17 to occur within 180 days after the certification of a petition, the governing body 18 shall by ordinance order a special election to be held on the matter not sooner 19 than 60 days after certification of the petition and not later than 180 days after 20 certification of the petition. 21 * Sec. 16. AS 29.71.800(21) is amended to read: 22 (21) "regular election" means the municipal election held on the 23 [FIRST] Tuesday after the first Monday in November of each even-numbered 24 year [OF OCTOBER ANNUALLY, OR ON A DIFFERENT DATE OR INTERVAL 25 OF YEARS PROVIDED BY ORDINANCE OR CHARTER]; 26 * Sec. 17. AS 44.12.010(a) is amended to read: 27 (a) The following days are legal holidays: 28 (1) the first of January, known as New Year's Day; 29 (2) the third Monday of January, known as Martin Luther King, Jr.'s 30 Birthday as provided in (b) of this section; 31 (3) the third Monday in February, known as Presidents' Day;
01 (4) the last Monday of March, known as Seward's Day; 02 (5) the last Monday in May, known as Memorial Day; 03 (6) the fourth of July, known as Independence Day; 04 (7) the first Monday in September, known as Labor Day; 05 (8) the 18th of October, known as Alaska Day; 06 (9) the 11th of November, known as Veterans' Day; 07 (10) the fourth Thursday in November, known as Thanksgiving Day; 08 (11) the 25th of December, known as Christmas Day; 09 (12) every Sunday; 10 (13) every day designated by public proclamation by the President of 11 the United States or the governor of the state as a legal holiday; 12 (14) the Tuesday after the first Monday in November of each even- 13 numbered year, known as Election Day. 14 * Sec. 18. AS 29.20.150(b) is repealed. 15 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION. (a) An election for each municipal mayor and each member of a 18 regional school board, advisory school board, borough or city school board, elected utility 19 board, or municipal governing body shall occur on November 3, 2026. 20 (b) The terms of office for officials elected in the November 3, 2026, election, as 21 required by (a) of this section, shall be determined as follows: 22 (1) for members of a regional school board, the terms shall be determined in 23 the same manner as for first boards under AS 14.08.061(a)(2), as amended by sec. 1 of this 24 Act; 25 (2) for members of a borough or city school board, the terms shall be 26 determined in the same manner as for newly created school boards under AS 14.12.050(a), as 27 amended by sec. 4 of this Act; 28 (3) for members of a municipal governing body, the terms shall be determined 29 in the same manner as for initial elected members under AS 29.05.120(f), as amended by sec. 30 7 of this Act. 31 (c) Notwithstanding a provision of AS 14, AS 29, or a municipal law to the contrary,
01 the term of office of an incumbent municipal mayor or member of a regional school board, 02 advisory school board, borough or city school board, elected utility board, or municipal 03 governing body elected before November 3, 2026, expires not later than the Monday 04 following certification of the November 3, 2026, election for that office. 05 * Sec. 20. Section 19 of this Act takes effect immediately under AS 01.10.070(c). 06 * Sec. 21. Except as provided in sec. 20 of this Act, this Act takes effect November 3, 2026.