The Alaska Legislature’s extended work may have an effect on the fall elections.
Lawmakers are expected to adjourn by the end of the month, according to statements by Senate President Pete Kelly, R-Fairbanks, and Speaker of the House Bryce Edgmon, D-Dillingham.
But if lawmakers do not adjourn before Sunday, they will bump two ballot initiatives from the August statewide primary to the November statewide general election.
Article XI, Section 4 of the Alaska Constitution states that initiatives are put “on the ballot for the first statewide election held more than 120 days after adjournment of the legislative session following the filing.”
The two ballot measures on this fall’s ballot measure involve fisheries and restrictions on lawmakers. Both remain in question for other reasons. House Bill 44, under consideration in the Senate, is similar enough to the measure restricting lawmakers that it could result in the measure’s removal from the ballot.
The Alaska Constitution provides for a ballot measure to be removed if a “substantially similar” bill is approved by the Legislature.
The fisheries measure is facing a challenge in the Alaska Supreme Court. The state contends that it appropriates a natural resource, state waters, to fish. Appropriations are forbidden in ballot measures under the Alaska Constitution.
If the Legislature continues past Sunday, another deadline looms. If the session is in place past May 10, voters would be unable to overturn any legislative action this year through a referendum vote on the November ballot.
Under Article XI, section 5 of the Alaska Constitution, there must be at least 180 days between the end of the legislative session and the election that features a referendum.
Sunday was the 90th day of the legislative session, the statutory limit put into place by a 2006 voter initiative. Because one legislature cannot bind another, statutory limits on legislative action are largely ineffective if lawmakers choose to violate them.
Since the 90-day limit was approved by voters, it has been achieved only twice; the last time was in 2013.
Lawmakers may work for 121 days under the limit under the Alaska Constitution and may extend that for up to 10 more days without calling a special session.
• Contact reporter James Brooks at jbrooks@juneauempire.com or 523-2258.
