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HOUSE BILL NO. 250
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE MCCABE
Introduced: 1/16/24
Referred: Community and Regional Affairs, State Affairs
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to municipal and school board elections; declaring Election Day a
2 holiday; relating to terms of office for municipal mayors, municipal governing bodies,
3 elected utility boards, and school boards; and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 14.08.061(a) is amended to read:
6 (a) Members elected to a regional school board shall serve four-year
7 [STAGGERED THREE-YEAR] terms. However,
8 (1) the term of office of all of the members of a regional school board
9 elected from the same multi-member section may not expire at the same time; and
10 (2) for the first board elected, the term of office of each member shall
11 be determined by lot, according to the following schedule:
12 (A) the members of the first five-member school board shall
13 hold office for terms as follows: three members [ONE MEMBER] for a four-
14 year [ONE-YEAR] term and [;] two members for a two-year term [AND
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1 TWO FOR A THREE-YEAR TERM];
2 (B) the members of the first seven-member school board shall
3 hold office for terms as follows: four [TWO] members for a four-year [ONE-
4 YEAR] term and three members [; TWO] for a two-year term [AND THREE
5 FOR A THREE-YEAR TERM];
6 (C) the members of the first nine-member school board shall
7 hold office for terms as follows: five members [THREE] for a four-year
8 [ONE-YEAR] term and four members [; THREE] for a two-year term [AND
9 THREE FOR A THREE-YEAR TERM];
10 (D) the members of the first 11-member school board shall
11 hold office for terms as follows: six members [THREE] for a four-year
12 [ONE-YEAR] term and five members [, FOUR] for a two-year term [AND
13 FOUR FOR A THREE-YEAR TERM].
14 * Sec. 2. AS 14.08.071(b) is amended to read:
15 (b) Except for the first election of regional school board members under (a) of
16 this section, elections shall be held [ANNUALLY] on the [FIRST] Tuesday after the
17 first Monday in November of each even-numbered year [IN OCTOBER]. Elections
18 shall be supervised by the director of elections in the office of the lieutenant governor,
19 but shall be administered within second class cities as part of the regular municipal
20 election. The lieutenant governor shall adopt regulations for the conduct of the
21 election of regional school board members comparable, as far as practicable, to those
22 prescribed for election of school board members under AS 14.12 and AS 29.20.300
23 except that the majority election requirements of AS 29.26.060 do not apply to, nor
24 may the regulations require runoff elections for, the first election of regional school
25 board members under (a) of this section or, if a school board by resolution so requests,
26 to subsequent elections in the regional educational attendance area served by that
27 school board.
28 * Sec. 3. AS 14.08.071(e) is amended to read:
29 (e) The lieutenant governor may provide for the election of an advisory school
30 board established under AS 14.08.115. An election conducted under this subsection
31 shall be held on the [FIRST] Tuesday after the first Monday in November of each
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1 even-numbered year [IN OCTOBER]. The lieutenant governor may adopt
2 regulations governing an election conducted under this subsection.
3 * Sec. 4. AS 14.12.050(a) is amended to read:
4 (a) The term of office of a member of a borough or city school board is four
5 [THREE] years and until a successor takes office. However, the members of a newly
6 created five-member school board hold office for initial terms as follows: three
7 members [TWO] for a term of four [THREE] years and [,] two members for a term
8 of two years, [AND ONE FOR A TERM OF ONE YEAR,] the terms being assigned
9 to the members by lot. The members of a newly created seven-member school board
10 hold office for initial terms as follows: four members [THREE] for a term of four
11 [THREE] years and three members [, TWO] for a term of two years, [AND TWO
12 FOR A TERM OF ONE YEAR,] the terms being assigned to the members by lot.
13 * Sec. 5. AS 14.12.050(b) is amended to read:
14 (b) When a transition is made from a five-member school board to a seven-
15 member school board, the length of the terms of office for the two new members to be
16 elected shall be determined by lot, one member for a term of four years and one
17 member for a term of two years [SO THAT WHEN THE TERMS OF OFFICE FOR
18 THE TWO NEW MEMBERS ARE ASSIGNED, THE TERMS OF OFFICE FOR
19 THE ENTIRE SEVEN-MEMBER BOARD SHALL BE AS FOLLOWS: THREE
20 MEMBERS HAVE A THREE-YEAR TERM, TWO MEMBERS HAVE A TWO-
21 YEAR TERM, AND TWO MEMBERS HAVE A ONE-YEAR TERM. A SEVEN-
22 MEMBER SCHOOL BOARD, THE TERMS OF OFFICE OF WHOSE MEMBERS
23 AT THE TIME OF TRANSITION FROM A FIVE-MEMBER BOARD DID NOT
24 RESULT IN TERMS EXPIRING IN THE MANNER PROVIDED IN THIS
25 SECTION, MAY, BY RESOLUTION ADOPTED BY A MAJORITY OF THE
26 MEMBERS OF THE BOARD, ADJUST THE TERMS OF OFFICE TO CONFORM
27 TO THE SCHEDULE FOR EXPIRATION OF TERMS OF OFFICE PROVIDED IN
28 THIS SECTION].
29 * Sec. 6. AS 29.04.040(d) is amended to read:
30 (d) The council shall, within 30 days after receiving notification from the
31 Local Boundary Commission that a petition has been accepted, order an election on
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1 the question of reclassification. The election shall be held at least 30 days after the
2 order and not later than either the next regular election occurring after the 30-day
3 period or 180 days after the 30-day period, whichever is earlier. If more than one
4 question is to be voted on at the election, each shall appear separately on the ballot.
5 * Sec. 7. AS 29.05.120(f) is amended to read:
6 (f) The initial elected members of the governing body shall determine by lot
7 the length of their terms of office so that as close as possible to a proportionate
8 number of terms expire each even year, resulting in staggered terms of office for
9 members subsequently elected.
10 * Sec. 8. AS 29.20.070(b) is amended to read:
11 (b) Not later than either the first regular election that occurs after adoption of
12 a final state redistricting plan under art. VI, sec. 10, Constitution of the State of
13 Alaska, or 180 days after the adoption, whichever is earlier, the assembly shall
14 propose and submit to the voters of the borough, at that regular election or at a special
15 election called for the purpose, one or more forms of assembly representation. The
16 forms of representation that the assembly may submit to the voters are:
17 (1) election of members of the assembly at large by the voters
18 throughout the borough;
19 (2) election of members of the assembly by district, including
20 (A) election at large by the voters throughout the borough, but
21 with a requirement that a candidate live in an election district established by
22 the borough for election of assembly members; or
23 (B) election from election districts established by the borough
24 for the election of assembly members by the voters of a district;
25 (3) election of members of the assembly both at large and by district.
26 * Sec. 9. AS 29.20.150(a) is amended to read:
27 (a) A member of the governing body is elected for a four-year [THREE-
28 YEAR] term and until a successor qualifies [, UNLESS A DIFFERENT TERM NOT
29 EXCEEDING FOUR YEARS IS PRESCRIBED BY HOME RULE CHARTER OR
30 ORDINANCE].
31 * Sec. 10. AS 29.20.230(a) is amended to read:
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1 (a) The mayor of a borough or first class city is elected at large. The mayor of
2 a borough or first class city serves a term of four [THREE] years [, UNLESS BY
3 ORDINANCE A DIFFERENT TERM NOT TO EXCEED FOUR YEARS IS
4 PROVIDED. THE CURRENT TERM OF AN INCUMBENT MAYOR MAY NOT
5 BE ALTERED]. The regular term of a mayor of a borough or first class city begins on
6 the first Monday following certification of the election.
7 * Sec. 11. AS 29.20.300(a) is amended to read:
8 (a) Each municipal school district has a school board. Except as provided in
9 (b) of this section, members of a school board are elected at the regular election for
10 four-year [THREE-YEAR] terms and until their successors take office. Members are
11 elected at large unless a different method of election has been approved by the voters
12 in a regular election.
13 * Sec. 12. AS 29.20.310(b) is amended to read:
14 (b) As determined by ordinance, members of a utility board are either
15 appointed by the mayor and confirmed by the governing body or [ARE] elected at a
16 regular election. The term of a utility board member is two years and until a successor
17 is selected and qualifies. [HOWEVER, THE GOVERNING BODY MAY BY
18 ORDINANCE PROVIDE FOR A DIFFERENT TERM NOT TO EXCEED FOUR
19 YEARS. THE CURRENT TERM OF AN ELECTED INCUMBENT MAY NOT BE
20 ALTERED.]
21 * Sec. 13. AS 29.26.040 is amended to read:
22 Sec. 29.26.040. Date of regular election. The date of a regular election is the
23 [FIRST] Tuesday after the first Monday in November of each even-numbered
24 year [OF OCTOBER ANNUALLY, UNLESS A DIFFERENT DATE OR
25 INTERVAL OF YEARS IS PROVIDED BY ORDINANCE].
26 * Sec. 14. AS 29.26.170(a) is amended to read:
27 (a) Unless substantially the same measure is adopted, when a petition seeks an
28 initiative vote, the clerk shall submit the matter to the voters at the next regular
29 election or, if already scheduled, special election occurring not sooner than 60 days
30 after certification of the petition. If no election is scheduled to occur within 75 days
31 after the certification of a petition and the governing body determines it is in the best
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1 interest of the municipality, the governing body may by ordinance order a special
2 election to be held on the matter before the next election that is already scheduled, but
3 not sooner than 60 days after certification of the petition. If no election is scheduled
4 to occur within 180 days after the certification of a petition, the governing body
5 shall by ordinance order a special election to be held on the matter not sooner
6 than 60 days after certification of the petition and not later than 180 days after
7 certification of the petition.
8 * Sec. 15. AS 29.26.180(a) is amended to read:
9 (a) Unless the ordinance or resolution is repealed, when a petition seeks a
10 referendum vote, the clerk shall submit the matter to the voters at the next regular
11 election or, if already scheduled, special election occurring not sooner than 60 days
12 after certification of the petition. If no election is scheduled to occur within 75 days
13 after certification of a petition and the governing body determines it is in the best
14 interest of the municipality, the governing body may by ordinance order a special
15 election to be held on the matter before the next election that is already scheduled, but
16 not sooner than 60 days after certification of the petition. If no election is scheduled
17 to occur within 180 days after the certification of a petition, the governing body
18 shall by ordinance order a special election to be held on the matter not sooner
19 than 60 days after certification of the petition and not later than 180 days after
20 certification of the petition.
21 * Sec. 16. AS 29.71.800(21) is amended to read:
22 (21) "regular election" means the municipal election held on the
23 [FIRST] Tuesday after the first Monday in November of each even-numbered
24 year [OF OCTOBER ANNUALLY, OR ON A DIFFERENT DATE OR INTERVAL
25 OF YEARS PROVIDED BY ORDINANCE OR CHARTER];
26 * Sec. 17. AS 44.12.010(a) is amended to read:
27 (a) The following days are legal holidays:
28 (1) the first of January, known as New Year's Day;
29 (2) the third Monday of January, known as Martin Luther King, Jr.'s
30 Birthday as provided in (b) of this section;
31 (3) the third Monday in February, known as Presidents' Day;
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1 (4) the last Monday of March, known as Seward's Day;
2 (5) the last Monday in May, known as Memorial Day;
3 (6) the fourth of July, known as Independence Day;
4 (7) the first Monday in September, known as Labor Day;
5 (8) the 18th of October, known as Alaska Day;
6 (9) the 11th of November, known as Veterans' Day;
7 (10) the fourth Thursday in November, known as Thanksgiving Day;
8 (11) the 25th of December, known as Christmas Day;
9 (12) every Sunday;
10 (13) every day designated by public proclamation by the President of
11 the United States or the governor of the state as a legal holiday;
12 (14) the Tuesday after the first Monday in November of each even-
13 numbered year, known as Election Day.
14 * Sec. 18. AS 29.20.150(b) is repealed.
15 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to
16 read:
17 TRANSITION. (a) An election for each municipal mayor and each member of a
18 regional school board, advisory school board, borough or city school board, elected utility
19 board, or municipal governing body shall occur on November 3, 2026.
20 (b) The terms of office for officials elected in the November 3, 2026, election, as
21 required by (a) of this section, shall be determined as follows:
22 (1) for members of a regional school board, the terms shall be determined in
23 the same manner as for first boards under AS 14.08.061(a)(2), as amended by sec. 1 of this
24 Act;
25 (2) for members of a borough or city school board, the terms shall be
26 determined in the same manner as for newly created school boards under AS 14.12.050(a), as
27 amended by sec. 4 of this Act;
28 (3) for members of a municipal governing body, the terms shall be determined
29 in the same manner as for initial elected members under AS 29.05.120(f), as amended by sec.
30 7 of this Act.
31 (c) Notwithstanding a provision of AS 14, AS 29, or a municipal law to the contrary,
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