"An Act relating to initiative, referendum, and recall petitions; and providing for an effective date. "

Section 1. AS 15.45

Article 1. General Provisions Relating to Petitions

AS 15.45.001 Qualifications of circulator. This section is amended to read that in order to circulate a petition a person shall not be registered to vote in any other state.

AS 15.45.003 Circulation; prohibitions. This section is added to state that a circulator may receive up to $15 a day to cover the cost of meals for each day the circulator travels more than 100 miles from their home in the course of circulating the petition. States that an initiative petition circulator may not receive payment for any work other than those stated in subsection (b), including administrative work. A person or organization that violates this section is guilty of a class B misdemeanor. A person who pays a circulator and a circulator who receives compensation other than those permitted are both liable for a civil fine of $1 per signature on a petition filed with the lieutenant governor. Also, states that in determining the sufficiency of a petition, the lieutenant governor may not count subscriptions on a petition circulated by a circulator who violated this section.

AS 15.45.005 Mandatory training. This section makes it mandatory for every committee applying for or circulating a petition to attend training on the legal requirements for petitions, offered by the division of elections, and that sponsors are responsible for instructing circulators as to the legal requirements.

AS 15.45.007 Certification of circulator. Adds to the certifying affidavit on the petition that, the circulator of a petition is not registered to vote in any other state, that the circulator was instructed by the sponsors on the legal requirements of AS 15.45.001 - 15.45.003.

AS 15.45.009 Advance verification of subscriptions. This section allows the sponsors to get up to 2,000 subscriptions qualified by the director prior to the initiative petition being filed. The sponsors shall pay a fee of $1 for each subscription submitted under this section.

Section 2. AS 15.45.490 Time of filing application. Adds that an application for recall may not be filed during last 270 days of the term of office of a state public official.

Section 3. AS 15.45.500 Form of application. Changes the number of qualified voters that must sign the petition from 10 to 20 percent of those who voted in the preceding general election in the district of the official sought to be recalled. Each member of the recall committee, under penalty of perjury, must certify that the facts alleged in the application are true to the best of their knowledge.

Section 4. AS 15.45.510 Grounds for recall. A new subsection is added defining "corruption", "incompetence", "lack of fitness", and "neglect of duties".

Section 5. AS 15.45.550 Bases of denial of certification. Adds that the director shall deny certification of a recall upon determining that the application was filed within less than 270 days of the termination of the official's term of office.

Section 6. AS 15.45.610 Filing of Petition. Amends that a recall petition cannot be filed within less than 270 days from the termination of the official's term of office and that the sponsor may file the petition only if signed by qualified voters equal in number to 30 percent of those who voted in the previous general election in the official's district.

Section 7. AS 15.45.630 Bases for determining the petition was improperly filed. Conforming language to Section 23. States that the petition was improperly filed upon determining that the petition was filed within less than 270 days of the termination of the office of the official subject to recall.

Section 8. AS 15.45.640 Submission of supplementary petition. States that a supplementary petition may not be filed later than 270 days before the official's office termination date.

Section 9. Repeals AS 15.45.105, 15.45.110, 15.45.130, 15.45.335, 15.45.340, 15.45.360, 15.45.575, 15.45.580, and 15.45.600. Due to the fact that these sections are now consolidated under Article 1. General Provisions Relating to Petitions.

Section 10. Uncodified law is amended to say that an application filed prior to the effective date of this Act is subject to AS 15.45 as it existed on the day before the effective date of this Act.

Section 11. States that this Act takes effect immediately.

24-LS1344\X

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