Understanding Initiatives...
by Loren Leman, Lieutenant Governor

I believe that the citizen initiative is an important part of Alaska’s political system. It allows Alaskans to write and approve certain laws directly, without going through the legislative process.

However, it is important to understand the constitutional and statutory limits placed on initiatives:

• The Alaska Constitution cannot be altered or amended by initiative. (Article XIII states the Constitution may be amended only by the Legislature or through a constitutional convention)
• Only certain types of laws can be passed by initiative. According to our Constitution, Article XI, Section 7--Initiatives cannot:

1. Dedicate revenues;
2. Make or repeal appropriations;
3. Create courts;
4. Define the jurisdiction of courts or prescribe their rules;
5. Enact local or special legislation.

I forward all initiative applications to the Department of Law for a legal review of their form and subject. An application in proper form is one that meets all of the technical requirements of the law, which include:

• The designation and signatures of three prime sponsors with a statement that they are the initiative committee representing all sponsors of the initiative.
• The names, signatures and addresses of no fewer than 100 sponsors. Prime and other sponsors must be properly registered Alaska voters.
• The text of the proposed law.

If the application is in proper form and the subject is also legal, the Department of Law will recommend that I approve the application. The legal analysis of the proposed law may be fairly simple or it can be lengthy and complex, depending on the subject (see Table 1). It is important to note that the Department of Law drafts opinions for the Lieutenant Governor, who must make the final determination on the status of initiative petition applications, and on whether sufficient, properly obtained signatures have been submitted (see Table 2).

Given the amount of time initiative sponsors must put into the effort of getting an initiative on the ballot, I believe that a thorough legal review provides sponsors with some assurance that their efforts, if challenged in court, would meet the basic requirements for initiatives.

Through nine application decisions so far I have found the Department’s opinions to be well-grounded and definitive.