 by Dick Kauffman April 30, 2002
The primary contact person, Carol Cairnes said in a telephone interview that she was pleased with the application for the initiative petition approval. Cairnes said she is looking forward to collecting signatures. The Borough Clerk will be notifying her of the number of signatures needed - Cairnes said she thinks it will be approximately 457. Cairnes stated she does not anticipate any problems in collecting the required signatures and hopes to have the question on the October 2002 ballot. Cairnes said that anyone interested in collecting signatures can sign up as a sponsor. Currently, there are 20 sponsors. According to the Clerk's Office, persons interested in being sponsors would need to contact Cairnes to make the request. Charlie Arteaga, the alternate contact person, on hearing that the application for the initiative petition was approved said they were pleased with the news. Arteaga said in a telephone interview that he anticipates a fairly easy signature drive and hopes to have a successful outcome at the polls. He remarked he believes that there are people who want to have their voice heard and will get out and vote. Borough Clerk Bethel certified the second application for an Initiative Petition on the grounds that she found it was in proper form and, for the initiative petition, that the matter (1) is not restricted by Alaska Statute (AS 29.26.110); (2) includes only a single subject; (3) relates to a legislative rather than an administrative matter; and (4) would be enforceable as a matter of law. In the first application for an Initiative Petition which was rejected by the Borough Clerk on April 15, 2002, the sponsors met three of the four criteria with the application denied because it would not be enforceable as a matter of law. However, in Tuesday's determination by Bethel, she found the application to meet all four criteria. In regards to "enforceable as a matter of law," she wrote "the resolution itself does not contain specific actions which must be taken upon approval. However, to the extent it would preclude communication of a conflicting policy position by the Borough, it would appear to be enforceable". The ballot language is:
In the next step of the process, the Borough Clerk will within two weeks after today's certification of the application for an initiative petition prepare a petition. Bethel will then notify the primary contact person, Carol Cairnes, in writing when the petition is available. Cairnes will be responsible for notifying the other sponsors - of which there are 20 listed on the application for the initiative petition which was filed on April 24. Copies of the petition will be provided by the clerk to each of the sponsors who appear in the clerk's office and requests a petition, and the clerk will also mail the petition to each sponsor who requests that the petition be mailed. The signatures on the initiative petition must be secured within 90 days by the sponsors after the clerk issues the petition. It will be Borough Clerk Sue Bethel's responsibility to determine the number of signatures of registered voters required on the petition and inform the primary contact person in writing. The number of voters' signatures needed on the petition is based on the number of votes cast at the last regular election which was held before the date the written notice was given to the contact person. The guidelines are:
In the October 2001 Ketchikan Municipal Election, there were 9,882 registered voters reported with a voter turnout of 31%. The turnout at the polls was reported as 2,623 voters with 233 absentee voters. All copies of the initiative petition and signatures must be assembled and filed with the Borough Clerk as a single instrument by the sponsors. Within 10 days after the date the petition is filed by the sponsors, the Borough Clerk will:
A petition that is found to be insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected. A petition that is found to be insufficient will be rejected and filed as a public record unless it is supplemented. Within 10 days after a supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record. Initiative Election: When a petition seeks an initiative vote the Clerk will submit the matter to the voters at the next regular election occurring no sooner than 45 days after certification of the petition. If no regular election occurs within 75 days after the certification of a petition, the governing body shall hold a special election within 75 days, but not sooner than 45 days after certification.
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