Section 04.11.507. Procedure for local option elections.

   (a) Elections to adopt a local option under AS 04.11.491, change a local option under AS 04.11.493, or remove a local option under AS 04.11.495, shall be conducted as required in this section.
   (b) Upon receipt of a petition of a number of registered voters equal to 35 percent or more of the number of votes cast at the last regular municipal election, the local governing body of a municipality shall place upon a separate ballot at the next regular election, or at a special election, whichever local option, change in local option, or removal of local option constitutes the subject of the petition. The local governing body shall conduct the election under the election ordinance of the municipality.
   (c) Upon receipt of a petition of 35 percent or more of the registered voters residing within an established village, the lieutenant governor shall place upon a separate ballot at a special election the local option, change in local option, or removal of local option that constitutes the subject of the petition. The lieutenant governor shall conduct the election under AS 15.
   (d) A petition filed with the local governing body of a municipality under (b) of this section, that places on the ballot the option set out in AS 04.11.491(a)(5), constitutes a proposed ordinance of the municipality.
   (e) AS 29.26.110 - 29.26.160 apply to a petition under (b) of this section in a general law municipality except the
        (1) number of required signatures is determined under (b) of this section rather than under AS 29.26.130;
        (2) application filed under AS 29.26.110 must at least contain language substantially similar to the questions set out under AS 04.11.491 - 04.11.495 rather than containing an ordinance or resolution;
        (3) petition must at least contain language substantially similar to the questions set out under AS 04.11.491 - 04.11.495 rather than material required under AS 29.26.120(a)(1) and (2).
   (f) Notwithstanding any other provisions of law, an election under (b) or (c) of this section to remove a local option or to change to a less restrictive option than the local option previously adopted under AS 04.11.491 may not be conducted during the first 24 months after the local option was adopted or more than once in a 36-month period.
   (g) Notwithstanding AS 29.26.140(a), after a petition has been certified as sufficient to meet the requirements of (b) or (c) of this section, another petition may not be filed or certified until after the question presented in the first petition has been voted on. Only one local option question may be presented in an election.

Authorities

4.11.320; 4.11.330; 4.11.340; 4.11.360;29.25.020

Notes

Implemented As

6 AAC 27.165
6 AAC 27.170

References

6 AAC 25.500
6 AAC 27.165
6 AAC 27.170
AS 4.11.320 .320">Sec. 04.11.320. Denial of new licenses and permits.
AS 4.11.330 .330">Sec. 04.11.330. Denial of license or permit renewal.
AS 4.11.340 .340">Sec. 04.11.340. Denial of request for relocation.
AS 4.11.360 .360">Sec. 04.11.360. Denial of transfer of a license to another person.
AS 29.25.020 Ordinance procedure.

History

(Sec. 28 ch 101 SLA 1995; am Sec. 10 ch 25 SLA 2007)