Constitution of Alaska (2024 publisher edition) — Article XV: Schedule of Transitional Measures

Publisher edition notice: This collection contains the complete official legislative PDF edition published in 2024. Later amendments have not been independently verified against a current provision inventory.

Article XV Schedule of Transitional Measures

Article XV, Sections: 1 . Continuance of Laws 2 . Saving of Existing Rights and Liabilities 3 . Local Government 4 . Continuance of Office 5 . Corresponding Qualifications 6 . Governor to Proclaim Election 7 . First State Elections 8 . United States Senators and Representative 9 . Terms of First Governor and Lieutenant Governor 10 . Election of First Senators 11 . Terms of First State Legislators 12 . Election Returns 13 . Assumption of Office 14 . First Session of Legislature 15 . First Legislators: Office Holding 16 . First Judicial Council 17 . Transfer of Court Jurisdiction 18 . Territorial Assets and Liabilities 19 . First Reapportionment 20 . State Capital 21 . Seal 22 . Flag 23 . Special Voting Provision 24 . Ordinances 25 . Effective Date 26 . Appropriations for Relocation of the Capital 27 . Reconsideration of Amendment Limiting Increases in Appropriations 28 . Application of Amendment

59 ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

To provide an orderly transition from a territorial to a state form of government, it is declared and ordained: § 15.1 - 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and consistent therewith shall continue in force until they expire by their own limitation, are amended, or repealed . § 15.2 - 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 . § 15.3 - 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 . § 15.4 - 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 . § 15.5 - Corresponding Qualifications Residence, citizenship, or other qualifications under the Territory may be used toward the fulfillment of corresponding qualifications required by this constitution .

60 § 15.6 - 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 . § 15.7 - 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 . § 15.8 - 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 . § 15.9 - 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 . [Amended 1970] ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

61 § 15.10 - 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 . § 15.11 - 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 . § 15.12 - 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 . § 15.13 - 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 . § 15.14 - 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 . § 15.15 - First Legislators: Office Holding 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 . § 15.16 - First Judicial Council The first members of the judicial council shall, notwithstanding Section 8 ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

62 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 . § 15.17 - 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 . § 15.18 - 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 . § 15.19 - 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 . § 15.20 - State Capital The capital of the State of Alaska shall be at Juneau . § 15.21 - Seal The seal of the Territory, substituting the word “State” for “Territory,” shall be the seal of the State . ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

63 § 15.22 - Flag The flag of the Territory shall be the flag of the State . § 15.23 - 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§ 1 of Article V . § 15.24 - 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 . § 15.25 - Effective Date This constitution shall take effect immediately upon the admission of Alaska into the Union as a state . § 15.26 - Appropriations for Relocation of the Capital If 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) . [Amended 1982] § 15.27 - 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 . [Amended 1982] § 15.28 - Application of Amendment The 1982 amendment limiting appropriation increases (art . IX, sec . 16) applies to appropriations made for fiscal year 1984 and thereafter . [Amended 1982] ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

64 § 15.29 - Applicability of Amendments Providing for Redistricting of the Legislature The 1998 amendments relating to redistricting of the legislature (art . VI and art . XIV) apply only to plans for redistricting and proclamations of redistricting adopted on or after January 1, 2001 . [Amended 1998] ARTICLE XV - SCHEDULE OF TRANSITIONAL MEASURES

65 Constitutional Convention Delegates 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 Dorothy J. Awes Frank Barr John C. Boswell Seaborn J. Buckalew, Jr. John B. Coghill E. B. Collins George D. Cooper John M. Cross Edward V. Davis James P. Doogan Truman C. Emberg Helen Fischer Victor Fischer Douglas Gray Thomas C. Harris John S. Hellenthal Mildred R. Hermann Herb Hilscher Jack Hinckel James Hurley Maurice T. Johnson Yule F. Kilcher Leonard H. King William W. Knight W. W. Laws Eldor R. Lee Maynard D. Londborg Steve McCutcheon George M. McLaughlin Robert J. McNealy John A. McNees M. R. Marston Irwin L. Metcalf Leslie Nerland James Nolan Katherine D. Nordale Frank Peratrovich Chris Poulsen Peter L. Reader Burke Riley Ralph J. Rivers Victor C. Rivers John H. Rosswog B. D. Stewart W. O. Smith George Sundborg Dora M. Sweeney Warren A. Taylor H. R. Vanderleest M. J. Walsh Barrie M. White Ada B. Wien ATTEST: Thomas B. Stewart Secretary of the Convention

66 Schedule of Amendments 58 Election Subject of Amendment Provisions Affected Resolution Vo t e s Vo t e s Date Number For Against 8/23/66 Residency Requirement to Article V, Section 1 SJR 1 (1966) 36,667 12,383 Vote for President 8/27/68 Commission on Judicial Article IV, Section 10 HJR 74 (1968) 32,481 12,823 Qualifications 8/27/68 Compensation of Judicial Article IV, Section 13 HJR 74 (1968) 27,156 17,467 Qualification Commission 8/25/70 Establish Voting Article V, Section 1 HJR 7 (1969) 36,590 31,216 Age at 18 Years 8/25/70 Remove English Article V, Section 1 HJR 51 (1970) 34,079 32,578 Requirement for Voting 8/25/70 Secretary of State Article III, SJR 2 (1970) 46,102 18,781 Designated Lieutenant Sections 7-11, 13-15; Governor Article XI, Sections 2-6; Article XIII, Sections 1,3; Article XV, Section 9 8/25/70 Chief Justice Elected by Article IV, Section 2 HJR 11 (1970) 44,055 19,583 Supreme Court 8/25/70 Term of Office for Judicial Article IV, Section 16 HJR 11 (1970) 43,462 18,651 System Administrator 8/22/72 Residency Requirement Article V, Section 1 HJR 126(1972) 31,130 20,745 for Voting 8/22/72 Prohibition of Sexual Article I, Section 3 HJR 102(1972) 43,281 10,278 Discrimination 8/22/72 Right of Privacy Article I, Section 22 SJR 68 (1972) 45,539 7,303 8/22/72 Eliminate City Article X, Section 4 SJR 52 (1972) 30,132 19,354 Representation on Borough Assemblies 8/22/72 Authorize Limited Entry Article VIII, Section 15 SJR 10 (1971) 39,837 10,761 Fisheries 8/27/74 Voting on Constitutional Article XIII, Section 1 HJR 20 (1973) 56,017 20,403 Amendments at General Elections 11/02/76 Action on Veto of Bills Article II, HJR 11 (1975) 71,829 39,980 Sections 9 and 16 11/02/76 Authorize Permanent Fund Article IX, HJR 39 (1976) 75,588 38,518 Sections 7 and 15 11/02/76 Administration and Article VIII, SJR 45 (1976) 46,652 64,744 Review of State Land Section 10 Disposals 11/02/76 Direct Financial Aid to Students Article VII, Section 1 HJR 73 (1976) 54,636 64,211 11/04/80 Legislative Annulment of Article II, New Section HJR 82 (1980) 58,808 82,010 Regulations 11/04/80 Disqualification of Article II, New Section SJR 2 (1980) 47,054 99,705 Legislators Schedule of Amendments

67 59 SCHEDULE OF AMENDMENTS, CONT. Election Subject of Amendment Provisions Affected Resolution Vo t e s Vo t e s Date Number For Against 11/04/80 Interim and Special Article II, Section 11 HJR 80 (1980) 41,868 102,270 Legislative Committees 11/04/80 Appointment and Article III, Section 26 HJR 20 (1980) 56,316 90,506 Confirmation of Members 11/02/82 Veterans’ Housing Bond Article IX, Section 8 HJR 71 (1982) 111,460 69,497 Authority 11/02/82 Changes in Commission Article IV, Section 10 HJR 32 (1981) 123,172 53,424 on Judicial Qualifications 11/02/82 Limiting Appropriation Article IX, Section 16; SJR 4 (1981) 110,669 71,531 Increases Article XV, Sections 26-28 11/06/84 Legislative Annulment of Administration Regulations Article II, New Section HJR 5 (1983) 91,171 98,855 11/06/84 Limit Length of Legislative Session Article II, Section 8 HJR 2 (1983) 150,999 46,099 11/04/86 Legislative Annulment Article II, New Section SJR 40 (1986) 65,176 94,299 of Administrative Regulations 11/08/88 Resident Hiring Preference Article I, Section 23 HJR 18 (1988) 162,997 31,650 11/06/90 Budget Reserve Fund Article IX, Section 17 SJR 5 (1990) 124,280 63,307 11/08/94 Individual Right to Keep Article I, Section 19 SJR 39 (1994) 153,300 57,636 and Bear Arms 11/08/94 Rights of Crime Victims Article I, Sections 12, 24 HJR 43 (1994) 178,858 27,641 11/05/96 Voter Approval of Article XII, Section 14 SJR 31 (1996) 157,936 71,082 Changes to Statehood Act 11/03/98 Definition of Marriage Article I, Section 25 SJR 42 (1998) 152,965 71,631 11/03/98 Redistricting Article VI, HJR 44 (1998) 110,768 101,686 Sections 1- 11; Article XI, Section 3; Article XIV, Sections 1-3; Article XV, Section 29 11/07/00 Prohibition on Wildlife Article XI, Section 7 HJR 56 (2000) 96,253 179,552 Initiative 11/07/00 Amendment Provision; Article XIII, Section 1; SJR 27 (2000) 114,310 151,467 Prohibit Court New Section Intervention

11/07/00 Confirmation of Board Article III, Section 26; SJR 34 (2000) 72,419 194,975 Appointees Article IX, Section 15

11/02/04 Requirements for Initiative Article XI, Section 3 HJR 5 (2004) 149,236 139,642 & Referendum 11/02/10 Amendment to Increase the Number of Legislators and Districts SJR 21 (2010) 99,490 147,744 Proposed Amendment failed SCHEDULE OF AMENDMENTS

68 Appendix A - Ordinances Appended to the constitution were three ordinances (Article XV, Section 24) which dealt with (1) ratification of the constitution; (2) adoption of the Alaska– Tennessee Plan; and (3) abolition of fish traps. The ratification ordinance simply placed the constitution on the ballot for ratification by the voters. The Alaska–Tennessee Plan provided for the immediate election of two senators and a representative who, although not official members of the Congress, could promote the cause of statehood in Washington, D.C. The ordinance prohibiting fish traps reflected widespread opposition in Alaska to fishing practices condoned by federal fishery managers, and it was designed to rally support for statehood and the constitution among the voters.