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ARTICLE.XV
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Article XV
Schedule of Transitional Measures
Section 1 - Continuance of Laws.
All laws in force in the Territory of Alaska on the effective date of this
Constitution and consistent therewith shall continue in force until they
expire by their own limitation, are amended, or repealed.
Section 2 - Saving of Existing Rights and Liabilities.
Except as otherwise provided in this constitution, all rights, titles,
actions, suits, contracts, and liabilities and all civil, criminal, or
administrative proceedings shall continue unaffected by the change from
territorial to state government, and the State shall be the legal
successor to the Territory in these matters.
Section 3 - Local Government.
Cities, school districts, health districts, public utility districts, and
other local subdivisions of government existing on the effective date of
this constitution shall continue to exercise their powers and functions
under existing law, pending enactment of legislation to carry out the
provisions of this constitution. New local subdivisions of government
shall be created only in accordance with this constitution.
Section 4 - Continuance of Office.
All officers of the Territory, or under its laws, on the effective date of
this constitution shall continue to perform the duties of their offices in
a manner consistent with this constitution until they are superseded by
officers of the State.
Section 5 - Corresponding Qualifications.
Residence, citizenship, or other qualifications under the Territory may be
used toward the fulfillment of corresponding qualifications required by
this constitution.
Section 6 - Governor to Proclaim Election.
When the people of the Territory ratify this constitution and it is
approved by the duly constituted authority of the United States, the
governor of the Territory shall, within thirty days after receipt of the
official notification of such approval, issue a proclamation and take
necessary measures to hold primary and general elections for all state
elective offices provided for by this constitution.
Section 7. First State Elections.
The primary election shall take place not less than forty nor more than
ninety days after the proclamation by the governor of the Territory. The
general election shall take place not less than ninety days after the
primary election. The elections shall be governed by this constitution and
by applicable territorial laws.
Section 8 - United States Senators and Representative.
The officers to be elected at the first general election shall include two
senators and one representative to serve in the Congress of the United
States, unless senators and a representative have been previously elected
and seated. One senator shall be elected for the long term and one senator
for the short term, each term to expire on the third day of January in an
odd-numbered year to be determined by authority of the United States.
The term of the representative shall expire on the third day of January in
the odd-numbered year immediately following his assuming office. If the
first representative is elected in an even-numbered year to take office in
that year, a representative shall be elected at the same time to fill the
full term commencing on the third day of January of the following year,
and the same person may be elected for both terms.
Section 9 - Terms of First Governor and Lieutenant Governor.
The First Governor and Lieutenant Governor shall hold office for a term
beginning with the day on which they assume office and ending at noon
on the first Monday in December of the even-numbered year following
the next presidential election. This term shall count as a full term for
purposes of determining eligibility for re-election only if it is four
years or more in duration. [Amendment approved August 25, 1970 - Effective
October 10, 1970]
Section 10 - Election of First Senators.
At the first state general election, one senator shall be chosen for a
two-year term from each of the following senate districts, described in
Section 2 of Article XIV: A, B, D, E, G, I, J, L, N, and O. At the same
election, one senator shall be chosen for a four-year term from each of
the following senate districts described in Section 2 of Article XIV: A,
C, E, F, H, J, K, M, N, and P.
Section 11 - Terms of First State Legislators.
The first state legislators shall hold office for a term beginning with
the day on which they assume office and ending at noon on the fourth
Monday in January after the next general election, except that senators
elected for four-year terms shall serve an additional two years
thereafter. If the first general election is held in an even-numbered
year, it shall be deemed to be the general election for that year.
Section 12 - Election Returns.
The returns of the first general election shall be made, canvassed, and
certified in the manner prescribed by law. The governor of the Territory
shall certify the results to the President of the United States.
Section 13 - Assumption of Office.
When the President of the United States issues a proclamation announcing
the results of the election, and the State has been admitted into the
Union, the officers elected and qualified shall assume office.
Section 14 - First Session of Legislature.
The governor shall call a special session of the first state legislature
within thirty days after the presidential proclamation unless a regular
session of the legislature falls within that period. The special session
shall not be limited as to duration.
Section 15 - Office Holding by First Legislators.
The provisions of Section 5 of Article II shall not prohibit any member
of the first state legislature from holding any office or position created
during his first term.
Section 16 - First Judicial Council.
The first members of the judicial council shall, notwithstanding Section
8 of Article IV, be appointed for terms as follows: three attorney
members for one, three, and five years respectively, and three
non-attorney members for two, four, and six years respectively. The six
members so appointed shall, in accordance with Section 5 of Article IV,
submit to the governor nominations to fill the initial vacancies on the
superior court and the supreme court, including the office of chief
justice. After the initial vacancies on the superior and supreme courts
are filled, the chief justice shall assume his seat on the judicial
council.
Section 17 - Transfer of Court Jurisdiction.
Until the courts provided for in Article IV are organized, the courts,
their jurisdiction, and the judicial system shall remain as constituted on
the date of admission unless otherwise provided by law. When the state
courts are organized, new actions shall be commenced and filed therein,
and all causes, other than those under the jurisdiction of the United
States, pending in the courts existing on the date of admission, shall be
transferred to the proper state court as though commenced, filed, or
lodged in those courts in the first instance, except as otherwise provided
by law.
Section 18 - Territorial Assets and Liabilities.
The debts and liabilities of the Territory of Alaska shall be assumed and
paid by the State, and debts owed to the Territory shall be collected by
the State. Assets and records of the Territory shall become the property
of the State.
Section 19 - First Reapportionment.
The first reapportionment of the house of representatives shall be made
immediately following the official reporting of the 1960 decennial census,
or after the first regular legislative session if the session occurs
thereafter, notwithstanding the provision as to time contained in Section
3 of Article VI. All other provisions of Article VI shall apply in the
first reapportionment.
Section 20 - State Capital.
The capital of the State of Alaska shall be at Juneau.
Section 21 - Seal.
The seal of the Territory, substituting the word "State" for "Territory,"
shall be the seal of the State.
Section 22 - Flag.
The flag of the Territory shall be the flag of the State.
Section 23 - Special Voting Provision.
Citizens who legally voted in the general election of November 4, 1924,
and who meet the residence requirements for voting, shall be entitled to
vote notwithstanding the provisions of Section 1 of Article V.
Section 24 - Ordinances.
Ordinance No. 1 on ratification of the constitution, Ordinance No. 2 on
the Alaska-Tennessee Plan, and Ordinance No. 3 on the abolition of fish
traps, adopted by the Alaska Constitutional Convention and appended
to this constitution, shall be submitted to the voters and if ratified
shall become effective as provided in each ordinance.
Section 25 - Effective Date.
This constitution shall take effect immediately upon the admission of
Alaska into the Union as a state.
Section 26 - Appropriations for Relocation of the Capital.
lf a majority of those voting on the question at the general election in
1982 approve the ballot proposition for the total cost to the State of
providing for relocation of the capital, no additional voter approval of
appropriations for that purpose within the cost approved by the voters is
required under the 1982 amendment limiting increases in appropriations
(Art. IX, Sec. 16). [Amendment approved November 2, 1982. However,
approval of ballot measure 8 makes this section inoperative.]
Section 27 - Reconsideration of Amendment Limiting Increases in
Appropriations.
If the 1982 amendment limiting appropriation increases (Art. IX, Sec. 16)
is adopted, the lieutenant governor shall cause the ballot title and
proposition for the amendment to be placed on the ballot again at the
general election in 1986. If the majority of those voting on the
proposition in 1986 rejects the amendment, it shall be repealed.
[Amendment approved November 2, 1982 - Effective December 24, 1982]
Section 28 - Application of Amendment.
The 1982 amendment limiting appropriation increases (Art. IX, Sec.16)
applies to appropriations made for fiscal year 1984 and thereafter.
[Amendment approved November 2, 1982 - Effective December 24, 1982]
Agreed upon by the delegates in Constitutional Convention assembled
at the University of Alaska, this fifth day of February, in the year of
our Lord one thousand nine hundred and fifty-six, and of the Independence
of the United States the one hundred and eightieth.
Wm. A. Egan
President of the Convention
R. Rolland Armstrong Maynard D. Londborg
Dorothy J. Awes Steve McCutcheon
Frank Barr George M. McLaughlin
John C. Boswell Robert J. McNealy
Seaborn J. Buckalew, Jr. John A. McNees
John B. Coghill M. R. Marston
E. B. Collins Irwin L. Metcalf
George D. Cooper Leslie Nerland
John M. Cross James Nolan
Edward V. Davis Katherine D. Nordale
James P. Doogan Frank Peratrovich
Truman C. Emberg Chris Poulsen
Helen Fischer Peter L. Reader
Victor Fischer Burke Riley
Douglas Gray Ralph J. Rivers
Thomas C. Harris Victor C. Rivers
John S. Hellenthal John H. Rosswog
Mildred R. Hermann B. D. Stewart
Herb Hilscher W. O. Smith
Jack Hinckel George Sundborg
James Hurley Dora M. Sweeney
Maurice T. Johnson Warren A. Taylor
Yule F. Kilcher H. R. Vanderleest
Leonard H. King M. J. Walsh
William W. Knight Barrie M. While
W. W. Laws Ada B. Wien
Eldor R. Lee
ATTEST:
Thomas B. Stewart
Secretary of the Convention
Ordinance 1
Ratification of Constitution
Section 1 - Election.
The Constitution for the State of Alaska agreed upon by the delegates to
the Alaska Constitutional Convention on February 5, 1956, shall be
submitted to the voters of Alaska for ratification or rejection at the
territorial primary election to be held on April 24, 1956. The election
shall be conducted according to existing laws regulating primary elections
so far as applicable.
Section 2 - Ballot.
Each elector who offers to vote upon this constitution shall be given a
ballot by the election judges which will be separate from the ballot on
which candidates in the primary election are listed. Each of the
propositions offered by the Alaska Constitutional Convention shall be set
forth separately, but on the same ballot form. The first proposition shall
be as follows:
"Shall the Constitution for the State of Alaska prepared and
agreed upon by the Alaska Constitutional Convention be adopted."
Yes ___ No ___
Section 3 - Canvass.
The returns of this election shall be made to the governor of the
Territory of Alaska, and shall be canvassed in substantially the manner
provided by law for territorial elections.
Section 4 - Acceptance and Approval.
If a majority of the votes cast on the proposition favor the constitution,
then the constitution, shall be deemed to be ratified by the people of
Alaska to become effective as provided in the constitution.
Section 5 - Submission of Constitution.
Upon ratification of the constitution, the governor of the Territory shall
forthwith transmit a certified copy of the constitution to the President
of the United States for submission to the Congress, together with a
statement of the votes cast for and against ratification.
Ordinance 2
Alaska-Tennessee Plan
Section 1 - Statement of Purpose.
The election of senators and a representative to serve in the Congress of
the United States being necessary and proper to prepare for the admission
of Alaska as a state of the Union, the following sections are hereby
ordained, pursuant to Chapter 46, SLA 1955.
Section 2 - Ballot.
Each elector who offers to vote upon the ratification of the constitution
may, upon the same ballot, vote on a second proposition, which shall be
as follows:
"Shall Ordinance Number Two (Alaska-Tennessee Plan) of the Alaska
Constitutional Convention, calling for the immediate election of
two United States Senators and one United States Representative,
be adopted?"
Yes ___ No ___
Section 3 - Approval.
Upon ratification of the constitution by the people of Alaska and separate
approval of this ordinance by a majority of all votes cast for and against
it, the remainder of this ordinance shall become effective.
Section 4 - Election of Senators and Representative.
Two United States senators and one United States representative shall be
chosen at the 1956 general election.
Section 5 - Terms.
One senator shall be chosen for the regular term expiring on January 3,
1963, and the other for an initial short term expiring on January 3, 1961,
unless when they are seated the Senate prescribes other expiration dates.
The representative shall be chosen for the regular term of two years
expiring January 3, 1959.
Section 6 - Qualifications.
Candidates for senators and representative shall have the qualifications
prescribed in the Constitution of the United States and shall be qualified
voters of Alaska.
Section 7 - Other Office Holding.
Until the admission of Alaska as a state, the senators and representative
may also hold or be nominated and elected to other offices of the United
States or of the Territory of Alaska, provided that no person may receive
compensation for more than one office.
Section 8 - Election Procedure.
Except as provided herein, the laws of the Territory governing elections
to the office of Delegate to Congress shall, to the extent applicable,
govern the election of the senators and representative. Territorial and
other officials shall perform their duties with reference to this election
accordingly.
Section 9 - Independent Candidates.
Persons not representing any political party may become independent
candidates for the offices of senator or representative by filing
applications in the manner provided in Section 38-5-10, ACLA 1949, insofar
as applicable. Applications must be filed in the office of the director of
finance of the Territory on or before June 30, 1956.
Section 10 - Party Nominations.
Party nominations for senators and representative shall, for this election
only, be made by party conventions in the manner prescribed in Section
38-4-11, ACLA 1949, for filling a vacancy in a party nomination occurring
after a primary election. The names of the candidates nominated shall be
certified by the chairman and secretary of the central committee of each
political party to the director of finance of the Territory on or before
June 30, 1956.
Section 11 - Certification.
The director of finance shall certify the names of all candidates for
senators and representatives to the clerks of court by July 15, 1956. The
clerks of court shall cause the names to be printed on the official ballot
for the general election. Independent candidates shall be identified as
provided in Section 38-5-10, ACLA 1949. Candidates nominated at party
conventions shall be identified with appropriate party designations as is
provided by law for nominations at primary elections.
Section 12 - Ballot Form; Who Elected.
The ballot form shall group separately the candidates seeking the regular
senate term, those seeking the short senate term, and candidates for
representative. The candidate for each office receiving the largest number
of votes cast for that office shall be elected
Section 13 - Duties and Emoluments.
The duties and emoluments of the offices of senator and representative
shall be as prescribed by law.
Section 14 - Convention Assistance.
The president of the Alaska Constitutional Convention, or a person
designated by him, may assist in carrying out the purposes of this
ordinance. The unexpended and unobligated funds appropriated to the Alaska
Constitutional Convention by Chapter 46, SLA 1955, may be used to defray
expenses attributable to the referendum and the election required by this
ordinance.
Section 15 - Alternate Effective Dates.
If the Congress of the United States seats the senators and representative
elected pursuant to this ordinance and approves the constitution before
the first election of state officers, then Section 25 of Article XV shall
be void and shall be replaced by the following:
"The provisions of the constitution applicable to the first
election of state officers shall take effect immediately upon the
admission of Alaska into the Union as a State. The remainder
of the constitution shall take effect when the elected governor
takes office."
Ordinance 3
Abolition of Fish Traps
Section 1 - Ballot.
Each elector who offers to vote upon the ratification of the constitution
may, upon the same ballot, vote on a third proposition, which shall be as
follows:
"Shall Ordinance Number Three of the Alaska Constitutional
Convention, prohibiting the use of fish traps for the taking of
salmon for commercial purposes in the coastal waters of the
State, be adopted?"
Yes ___ No ___
Section 2 - Effect of Referendum.
If the constitution shall be adopted by the electors and if a majority of
all the votes cast for and against this ordinance favor its adoption,
then the following shall become operative upon the effective date of the
constitution:
"As a matter of immediate public necessity, to relieve
economic distress among individual fishermen and those dependent
upon them for a livelihood, to conserve the rapidly dwindling
supply of salmon in Alaska, to insure fair competition among
those engaged in commercial fishing, and to make manifest the
will of the people of Alaska, the use of fish traps for the
taking of salmon for commercial purposes is hereby prohibited in
all the coastal waters of the State."