Government Position: Constitution, Amending by Initiative

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STATEMENT OF POSITION

The League of Women Voters of Alaska opposes amending the Alaska Constitution by initiative.

AMPLIFICATION

The League of Women Voters of Alaska believes the Constitution establishes a broad theoretical framework under which government operates with checks and balances between the three branches of government (legislature, executive, judicial) and the people. The Constitution should not attempt to address the everyday problems of running government. Laws and regulations more appropriately address such issues. Alaskans currently have the power to enact laws via the statutory initiative process. Written in the mid 1950s, the Alaska Constitution is one of the newest state constitutions, and it is considered a model document that has served the state well through the years.

IN THE ALTERNATIVE

1. The League of Women Voters of Alaska believes that, should amending the Alaska Constitution by the initiative process be allowed in the future, the following restrictions should apply.

1. Each such proposed constitutional amendment by initiative placed before the voters should require a two-thirds (2/3) majority of the qualified voters voting on the question.

2. The Constitutional initiative process should not be used to amend the Alaska Bill of Rights, dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation.

2. The League of Women Voters of Alaska believes that any initiative petition for amending the Alaska Constitution should contain the following restrictions and/or information:

1. Require not less than five hundred (500) qualified voters from two-thirds (2/3) of the election districts as sponsors to the prospective petition submitted to the lieutenant governor’s office.

2. Require valid signatures of not less than fifteen percent (15%) of the total number of votes cast in the preceding general election.

3. Require petition signatures be gathered from at least two-thirds (2/3) of the election districts in the state in order to reflect statewide interest in a measure.

4. Limit the time for collecting signatures to one year.

5. Require an attorney general advisory opinion as to the constitutionality of each proposed initiative after it has qualified for the ballot. Such opinion should be published in the State of Alaska Official Election Pamphlet.

6. An Alaska Constitutional initiative petition must be confined to one subject and the subject of the proposed initiative must be expressed in the title.

7. If the signature gatherers are paid, the following must be disclosed on each Constitutional initiative petition and must be published in the State of Alaska Official Election Pamphlet: (l) the person or group paying the gatherers and (2) the basis of payment, such as by signature or by the hour.

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Adopted 1998; Reaffirmed each year since at LWVAK Convention

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League of Women Voters of Alaska – April 2001 - 5 -