Local Option Election

Introduction

The state legislature has enacted laws that provide a method for a community to control and impose certain limits on the availability of alcohol in a community. The "local option" laws found in Title 4 of the Alaska Statutes and Title 3 of the Alaska Administrative Code provide the method for a municipality or an established village to impose limits and requires community involvement through the petition and "local option" election process. The local option laws are the legal process that results in the common terms of “dry”, “damp”, or “wet”. (The Alcoholic Beverage Control Board was previously located in Title 13 of the Alaska Administrative Code but that was changed in October 2012)

The process for adopting a local option varies some, depending on whether the option is being adopted within the boundaries of an incorporated municipality or an established village. In the case of an incorporated municipality, a local option election is administered by the municipality in accordance with the municipality's election ordinance, state statute - AS 29.26.110 - 160, and the procedure spelled out in Title 4. In an established village, the election is administered by the State of Alaska, Division of Elections in accordance with the state's election procedures found in Title 15 of the Alaska Statutes.

Narrative

Within a municipality the local option statute, AS 04.11.491, provides five options that residents may vote on and within an established village there are four options. The reason for the difference is that a municipality may ban sale, except by premises operated by the municipality. Following is a synopsis of the options:

  • A ban on sale (AS 04.11.491(a)(1) within a municipality and (b)(1) within an established village);
  • A ban on sale, except by a type of licensee listed on the ballot and authorized in statute (AS 04.11.491(a)(2) within a municipality and (b)(2) within an established village),
  • A ban on sale, except by premises operated by a municipality (AS 04.11.491(a)(3));
  • A ban on sale and importation (AS 04.11.491(a)(4) within a municipality and AS 04.11.491(b)(3) within an established village); and
  • A ban on sale, importation, and possession (AS 04.11.491(a)(5) within a municipality and AS 04.11.491(b)(4) within an established village).

The laws on enacting a local option can be difficult to follow, partly because they incorporate the provisions of Title 4, Title 15, and Title 29, plus federal and local law that are intertwined in a complicated fashion. Assistance with the local option election process is available through the Alcohol Beverage Control Board, State Division of Elections, and Commerce's Division of Community and Regional Affairs' regional office staff. The publication “Title 4 Local Option Law: Controlling Alcohol in Alaska’s Cities and Villages” found in the Additional Resources section below provides more detail and sample forms that are on this LOGON chapter.

The local option process begins when sponsors submit an application for petition to the municipal clerk. The clerk then reviews the application and, if appropriate, prepares the petition, determines the number of signatures required, and returns it to the sponsor(s) to obtain signatures. After the petition receives the required number of signatures and is signed and dated by the sponsor, the clerk reviews the petition and either certifies it as sufficient, or, if it is insufficient, returns it to the sponsor to correct. After the petition is certified, the clerk begins preparation for an election. If a special election is called, pre-clearance has to be gotten from Department of Justice.

The LOGON chapter on Elections and the following steps detail the process for conducting a local option election:

1. After identifying the desired option, an interested party submits an application for petition to the municipal clerk with the following:

    a. language substantially similar to the language in the local option statute (AS 04.11.491(c)) and AS 04.11.507(e)(2));

    b. the name and address of a contact person and alternate (AS 29.26.110);

    c. signatures of 10 sponsors, who are registered voters of the municipality (AS 29.26.110); and

    d. deals only with a single subject (AS 29.26.110).

2. The municipal clerk has two weeks to review and certify the application and, if the application meets the requirements, prepare the petition (AS 29.26.120). The clerk reviews the application for the following:

    a. to ensure the application is in proper form;

    b. individuals who signed the application are registered voters;

    c. the language is substantially similar to the language spelled out in the statute.

3. Within two weeks after certification of the application, the clerk must prepare a petition with:

    a. the same question stated in the application, which must be at least substantially similar to the language in the statute and,where appropriate, a summary explanation of what effect the question will have and any required "commonly known as" language (AS 04.11.491 (c)&(d)). The question and summary should be included on each page of the petition;

    b. the date the clerk issues the petition (AS 29.26.120(3));

    c. notice that the signatures must be obtained within 90 days of the date the clerk issues the petition (AS 29.26.120(4));

    d. spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer (AS 29.26.120(5));

    e. a statement, with space for the sponsor's sworn signature, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they claim to be (AS 29.26.120(6)); and

    f. a space for showing the total number of signatures on the petition (AS 29.26.120(7)) (35% or more of the number of votes cast in the last regular municipal election (AS 04.11.507(b)).

Signatures must be in ink and must be legible.

After the petition is prepared, the clerk must notify the contact person in writing. The contact person is responsible for notifying the other sponsors. Copies of the petition must be available for each sponsor that requests one (AS 29.26.120(c)).

4. After the petition receives the required number of good signatures (35% or more of the number of votes cast in the last regular municipal election), it must be assembled and submitted as a single document to the municipal clerk and signed and dated by the sponsor stating that the signatures are true and correct (AS 29.26.140).

Signatures must be legible, unless accompanied by a legible printed name; must be accompanied by a legible address; and must be a person who resides in the affected area, or they are to be rejected by the clerk (AS 29.26.130).

5. The clerk has 10 days to certify whether the petition is sufficient and if the petition is insufficient, notify the contact person by certified mail. Additional signatures may be obtained and filed before the 11th day after the date on which the petition is rejected. If the petition is not supplemented within the time allowed, it is so noted and filed as a public record (AS 29.26.140).

6. If the clerk certifies that a petition is not sufficient, a person who signed the petition may file a protest with the mayor within seven days after certification. The mayor must then present the protest at the next regular meeting and the governing body shall hear and decide on the protest (AS 29.26.150).

7. After the petition is certified, the clerk informs the governing body and the governing body then must take steps to place the question on a separate ballot at the next regular election or hold a special election on the question. The election is conducted according to the city's election procedures (AS 04.11.507(b)). See the LOGON chapters on Elections for additional information on conducting elections.

8. If a special election is called, pre-clearance has to be gotten from Department of Justice (DOJ). If a special election is required, keep in mind when setting the special election date that pre-clearance usually takes at least 60 days from the date DOJ receives the request(see sample preclearance letter).

9. As soon as the election is certified, the Alcohol Beverage Control Board (ABCB) must be notified of the outcome of the election. The ABCB is then responsible for providing notice to Department of Law, Department of Public Safety, and all package store licensees who sell in response to a written solicitation. The local governing body is responsible for posting notice of a prohibition in a central location in the community (AS 04.11.509(a)).

After a community adopts a local option, the municipality may enact ordinances and impose fines and penalties for violation of its local option and maintain law enforcement officials to enforce these ordinances. AS 04.21.010 authorizes a municipality to enact ordinances governing, importation, barter, sale, consumption, and possession consistent with the provisions of Title 4 and clarifies that an ordinance is not inconsistent if it limits: the monthly amounts that may be imported, the percent of alcohol that a beverage may contain, and the type of container that may be possessed.

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Frequently Asked Questions

Does a local option ballot have to contain certain wording?

Yes. The ballot must contain language substantially similar to the language spelled out in statute and, if applicable, must include a summary explanation of the authority to sell alcohol, a statement that a beverage dispensary license is commonly known as a “bar” and a package store is commonly known as a “liquor store.” (AS 04.11.491(c) and (d))

How soon and how often can a new petition be filed?

After a petition is certified, another petition may not be filed until the question is voted on (AS 04.11.507(g)). Also, a new petition may not be filed on the same matter sooner than six months after a petition is rejected (AS 29.26.160), nor may a new election be conducted to remove a local option or change to a less restrictive option during the first 12 months after the local option was adopted nor more than once in an 18 month period (AS 04.11.507(f)).

Is there a time limit after the petition is certified for placing the question on the ballot?

There is sometimes confusion about the extent to which the election process spelled out in Title 29 applies to a local option election. The portion of Title 4 (AS 04.11.507) directing how a local option election is conducted in a municipality simply states that AS 29.26.110 - 29.26.160 apply. This does not include AS 29.26.170, which requires that an election be conducted within no sooner than 45 days or, if no regular election is scheduled within 75 days, that a special election be held within 75 days. Since Title 4 doesn't incorporate that part of Title 29, the timeline spelled out in local ordinance would apply (usually, this mimics the 45/75 day rule found in Title 29).

Does a municipality have to pass a local option in order to run a municipal liquor store?

No. AS 04.11.505 provides that a municipality must obtain a license if a majority of the voters vote to prohibit the sale of alcohol except on premises operated by the municipality; however, subsection (b) states, "…nothing in this section precludes a municipality from applying to be a licensee under other provisions of this title."

What is the procedure for holding a local option election within an established village?

AS 04.11.507(c) directs that upon receipt of a petition containing signatures of 35 percent or more of the registered voters residing within an established village, the lieutenant governor will place on a separate ballot at a special election whichever local option action is the subject of the petition. In the case of an established village, a special election is conducted under the provisions of the state's election statute Title 15 and administered by the lieutenant governor's office.

The process begins with forming a committee to draft the language to appear on the petition application submitted to the lieutenant governor's office. Once the petition application is approved, a petition is prepared by the state and given to the sponsors to obtain the necessary signatures (35% or more of the registered voters residing within an established village). When the petition is returned to the state and determined sufficient, Division of Elections holds an election and the question is put to the voters of the affected area. Contact the State of Alaska, Division of Elections for details on conducting a local option election within an established village.

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What is the procedure for changing a local option?

The same procedure used to enact a local option is used to change a local option. A local option cannot be removed or changed to a less restrictive option within 12 months of the date of adoption, nor can an option question be put to the vote more than once in an 18-month period (AS 04.11.507(f)). Also, a new petition may not be filed on the same matter sooner than six months after a petition is rejected (AS 29.26.160).

What is the boundary of the area that is subject to the local option?

Within a municipality, the municipality has jurisdiction within its municipal boundary as shown on the certificate of incorporation. Within an established village, the local option enacted by the community may be enforced within a 5-mile radius of the Post Office or, if there is no Post Office, within 5-miles of a point designated by the governing body or ABC Board if there is no established village or the perimeter does not accurately reflect the boundary of the established village. (AS 04.11.508)

When does a local option or change in local option go into effect?

There are different effective dates, depending on what local option activity has occurred and whether there are licensed premises in the community. Following is a synopsis:

  • If a change approved by the voters removes a local option previously in effect, the change is effective the first day of the month following certification of the election. (AS 04.11.495(a))
  • If the local option imposes a ban on sale, a ban on sale and importation, or a ban on sale, importation, and possession, or a ban on sale except by type of license listed on the ballot, in a community in which licensed alcohol sales have previously occurred, the license is void 90 days after certification of the election (AS 04.11.497, AS 04.11.503 and AS 04.11.505)
  • If the local option bans importation, the ban is effective on the first day of the month following certification of the election, with the exception of sacramental wine used for bona fide religious purposes. (AS 04.11.499)
  • If the local option bans possession of alcohol, and there are licensed premises in the community, the ban is effective 90 days after certification of the election. If there are no licensed premises, the ban is effective 60 days after certification. (AS 04.11.501(b)). The statutes further says that

(In the case of adoption of a ban on possession, AS 04.11.501 provides that upon adoption of a local option banning possession, an ordinance is adopted containing the provisions of this section (AS 04.11.501).)

Can a municipality impose a fine for a violation of a local option law?

Yes. A local option law is a local law and the local governing body may impose a penalty for violation of its law. State law AS 29.25.070 authorizes a governing body to impose a penalty for a violation of a municipal ordinance and AS 04.21.010(b) authorizes a municipality to adopt an ordinance making the sale, importation, or possession of alcoholic beverages a misdemeanor to the extent prohibited under the local option.

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Additional Resources

Publications:

 Sample Documents

Recommended web site search topics:

  • Alaska Department of Public Safety
  • Alcohol Beverage Control Board
  • Alaska Public Offices Commission (APOC)
  • U.S. Civil Rights Division, Voting Rights Section
  • Infobase Alaska Statutes
  • Infobase Alaska Administrative Code
Applicable Laws and Regulations

Federal regulations

  • 42 USC 1973 Federal Voting Rights Act; 28 CFR .51

Alaska Constitution Article V

  • Section 1 - age and 30-day residency requirement,
  • Section 2 - prohibitions against being allowed to vote,
  • Section 3 - methods of voting, secret ballot,
  • Section 4 - authorizes the legislature to prescribe registration procedures and establish voting precincts and election districts.

Alaska Statutes

  • AS 04.06.020 appointment of ABC board
  • AS 04.06.090 powers and duties of the board
  • AS 04.11.010 license requirement for sale, manufacture, barter, solicitation or delivery within local option area, prosecution, presumption of sale quantities
  • AS 04.11.015 prohibition against alcohol purchase from non-licensee, violation
  • AS 04.11.020 exceptions, license or permit not required
  • AS 04.11.150 package store license, limitation on delivery amounts
  • AS 04.11.310 notice of application for new license
  • AS 04.11.320 - .360 denial of new license or permit in community with no prior license or authorizing local option election, effect of local option election on denial or approval, public interest finding, denial of license or permit renewal, denial of request for relocation, denial of permit transfer
  • AS 04.11.491 local options, ban on sale, ban on sale exceptions, ban on importation, ban on possession, ballot question language and summary explanation, continued effect of local option, operation of municipal delivery site and quantity limitations
  • AS 04.11.493 - .495 change of local option, ballot question language, repeal of local option, ballot question language, effective date, applicant/licensee priority
  • AS 04.11.497 effect of sale prohibition on licenses, affected boundaries, effective date
  • AS 04.11.499 effect of importation prohibition, effective date, exceptions
  • AS 04.11.501 effect of possession prohibition, effective date, ordinance adoption, definition of possession
  • AS 04 11.503 effect of sale restriction, affected boundaries, exceptions, effective date
  • AS 04.11.505 licensure of municipal operation, affected boundaries, effective date
  • AS 04.11.507 - procedure for conducting an election to adopt, change, or remove a local option within a municipality; number of signatures required on petition, regular or special election, conduct of election by municipality under municipal election ordinance; procedure for conducting an election to adopt, change, or remove a local option within an established village; number of signatures required on petition, conduct of election by lieutenant governor under state election statute; proposed ordinance banning sale, importation, and possession; application of Title 29 to petition process and exceptions, petition application and petition language, restrictions on and timeframe for conducting an election to remove or liberalize adopted option, one option question per election
  • AS 04.11.508 perimeter of established village
  • AS 04.11.509 notice of election results after election, responsibility for notification, parties to be noticed, additional mandatory notice of ban on importation or possession
  • AS 04.11.510 running of clock on municipal comment period, hearing location, hearing notice, comment by residents outside municipal or established village boundary, board action for violation of a municipal ordinance
  • AS 04.11.520 - 525 notice of receipt of application to local governing body, time for providing notice, notice to community council
  • AS 04.11.540 license renewal and expiration
  • AS 04.11.560 appeal
  • AS 04.16.070 alcohol sales on election day
  • AS 04.16.125 transportation of alcohol into a local option area, contents labeling on shipping container, itemized invoice showing quantity, exceptions, definition of common carrier
  • AS 04.16.205 penalty for violating ban on possession, fine limits, alcohol seizure, community work in lieu of fine, establishment of bail schedule by supreme court, assignment and hourly rate for community work, proof of performance of community work, prohibition against criminal prosecution for possession, provision of standard citation form by commissioner of public safety and adoption by municipality
  • AS 04.16.220 items subject to forfeiture for violation of alcohol control laws, court order for seizure and exceptions to court order requirement, reasonable notice of property subject to seizure and forfeiture, disposition of forfeited property
  • AS 04.21.010 municipal regulation, municipal ordinance, restrictions on percentage of alcohol limitation, prohibition on alcohol beverage tax and exceptions, prior notice and hearing on municipal action on alcohol application
  • AS 04.21.015 private manufacture of alcohol, applicability and exceptions
  • AS 04.21.070 enforcement, peace officer
  • AS 04.21.080 definitions
  • AS 12.55.039(a)(4) - surcharge imposed for collection of fine in addition to fine amount
  • AS 12.25.180 - issuance of citation
  • AS 15.05.010 - .200 voter qualifications, voter registration
  • AS 15.45.010 - .245 initiative process
  • AS 29.26.110 application for petition, required signatures, timeline for certification, form and content
  • AS 29.26.130 signature requirements, time line, required number of signatures, withdrawal of signature
  • AS 29.26.140 sufficiency of petition, time line, supplemental signatures, rejection of petition
  • AS 29.26.150 protest, time line
  • AS 29.26.160 new petition, time line

Alaska Administrative Code

  • 3 AAC 304.005-.990 Alcoholic Beverage Control Board
  • 6 AAC 27.170 Liquor option elections
Revised 11/20/2014