September 22, 2002 www.commonwealthnorth.org

Shall there be a constitutional convention? Commonwealth North is a non-profit nonpartisan public policy organization founded in 1979. Its purpose is to educate its members and others on significant public policy issues affecting Alaska and its future, and to assist in their resolution.

In June Commonwealth North formed a volunteer study group to identify reasons why, on November 5, Alaskans should vote for or against convening a constitutional convention.

The following report from the study group was approved for statewide distribution by the Commonwealth North Board of Directors on August 13, 2002.

Facts about the ballot issue 1. What is the Alaska constitution? 3. Has a constitutional convention The Alaska constitution is the supreme law of the State of Alaska. No other state law is permitted to violate the principles been held since the original we adopted when we ratified the constitution in 1956. convention? The constitution establishes that we shall govern ourselves as a No. The first time the issue appeared on the ballot in 1970, the state via three branches of government: a legislature comprising question on the ballot asked “As required by the Constitution of a Senate and House of Representatives, an executive branch the state of Alaska, Article XIII, Section 3, shall there be a comprising a governor, lieutenant governor and appointed constitutional convention?” It narrowly passed 39,911 to commissioners, and a judicial branch comprising superior and 34,472. Citizens filed suit alleging that the wording was supreme courts. It expressly defines the powers and misleading because it implied that the constitution required a responsibilities of each branch. convention. The court agreed. On the 1972 ballot, the question In addition, the constitution expressly sets forth public policies asked: “Shall there be a constitutional convention?” It was that protect the individual citizen from the power of the defeated 55,389 to 29,492. government. These policies are our “civil rights.” Another category of general public policy set forth in the 4. Do we have to have a constitution identifies matters that we deem to be so vital to our success as a state that we set them forth as supreme law of constitutional convention in our state. Some examples of this kind of policy are use of our natural resources, spending limits, taxation, dedication of order to amend the constitution? funds, and establishment of the constitutional reserve fund. No. Article XIII, Section 3, establishes that the Alaska constitution can be amended by a two-thirds (2/3) vote of both the House and the Senate to place a proposed amendment on 2. Why is the question of the next general election ballot for voter consideration. If a convening a constitutional majority of the votes cast in the next general election approve the amendment, it becomes a part of the Alaska constitution. convention on the ballot Tuesday, November 5th? 5. Has the Alaska constitution been Alaska’s Constitution (Article XIII, Sec. 3) requires that at least amended since it was first once every ten years, the public has the opportunity to decide whether a constitutional convention is necessary in order to ratified? change the constitution: “If during any ten-year period, a Yes, twenty-seven (27) amendments have been added to the constitutional convention has not been held, the Lieutenant Alaska Constitution since it was ratified by the voters on April Governor shall place on the ballot for the next general election 24, 1956.These amendments are set forth at the question: “Shall there be a constitutional convention?” If a www.gov.state.ak.us/ltgov/akcon/summary.html. majority of the votes cast on the question are in the negative, the question need not be placed on the ballot until the end of the next ten-year period.” 6. What happens if we approve a constitutional convention in November? A “call” for the convention must be issued. The “call” determines how many constitutional delegates shall be elected and from where, the physical site of the convention, when the convention shall begin and how long it will last. It also appropriates the money to pay delegate per diem expense and all other costs that the constitutional convention can reasonably be expected to incur. Article XIII, Section 3 of the constitution requires that “The appropriation provisions of the call shall be self-executing and shall constitute a first claim on the state treasury.”

7. How does the call happen? 12. How much will a constitutional The constitution provides that although the lieutenant governor must issue the call, the details of the call are convention cost? determined by the legislature. If no law is enacted by the The total cost to the state treasury is unknown, but will legislature, the original call set forth in Chapter 46 of the 1955 minimally include such things as any additional cost to the Session laws must be followed. general election where delegates are selected, physical accommodations for convention meetings and staff offices, salaries and benefits for support staff, electronic infrastructure 8. Who can be a delegate? for convention delegates and staff, daily supplies, delegate per Any adult resident of the State of Alaska can file for and diem expense and travel, printing and distribution of campaign to be elected a delegate. All candidate names appear convention recommendation(s). on the ballot. The 1955 call had all delegates elected on a nonpartisan ballot. If the legislature establishes the call, it will determine whether the delegates are elected on a partisan or a 13. What happens after a non-partisan ballot. The provisions of Alaska Statute 15.13 constitutional convention is regarding state election campaigns apply to candidates for the convention. completed? All changes approved by a majority of the delegates are presented to voters in the next general election. All proposed 9. What kinds of changes to the changes are usually voted on individually and those changes constitution can the delegates approved by a majority of the voters become a part of our constitution. If no changes are approved by a majority of the consider? delegates, the convention simply adjourns. If Article VIII, Sec. 3 The delegates have plenary powers which mean that they can of the constitution remains, “Shall there be a constitutional consider any changes that they want or that are recommended convention?” will be on the 2012 general election ballot. to them by any groups or individuals. All provisions of the constitution as originally adopted and as subsequently amended are open for delegate consideration.

10. Can I influence the delegates for a specific change I want to see included? Yes. Any individuals or groups who want a constitutional change may try to influence the delegates. Individuals or groups attempting to influence the delegates are not expressly required to comply with either Alaska’s lobbying statute (AS 24.25) or APOC lobbying regulations.

11. What happens if the voters do not approve a constitutional convention? The legislature may place the question on any future general election ballot. The constitution requires that the question must be presented to the voters every ten (10) years.

What changes to the Alaska Constitution are being discussed? Changes to the Legislative Branch: Survey • Wider use of funds for education consistent with recent U. S. Supreme Court rulings n July, Commonwealth North conducted two I informal surveys of various elected and appointed state leaders and organizations to gauge

• Limit service in Senate to 18 years and in House to 8 years
• Limit terms of House and Senate to 2 terms each
• Unicameral legislature limited to 49 people the general level of interest in having a
• Limit legislative sessions to ninety (90) days constitutional convention and to identify some of • Require open meetings the possible changes to the Alaska Constitution • Legislature elected non-partisan that are being discussed. • Training for “citizen” representatives
• Lessen the vote required to use the Constitutional Budget Reserve Fund Respondents favoring a constitutional convention • Restore how Constitutional Budget Reserve functions to the listed potential changes using the following original intent of the voters express words: • Allow legislature to propose single subject constitutional amendment or allow it to propose “revisions” like the California constitution allows
• Establish a spending limit
• Give legislature power to repeal regulations by joint resolution
• Require legislative confirmation of major state owned public corporations
• Require Permanent Fund and AHFC Board members be subject to legislative confirmation
• Fix terms for Permanent Fund and AHFC Board members.

Changes to the Executive Branch:

• Elect the attorney general
• Require executive branch to prioritize programs and expenditures

Changes to the Judicial Branch:

• Selection of judges
• Elect all judges
• Reduce terms of judges to four (4) years and of justices to eight (8) years.
• Clarify that courts cannot appropriate state funds

Changes in general public policy:

• Structure management of land to provide revenue
• Authorize subsistence preference for rural residents
• Require a vote on the subsistence issue Survey Mechanics Although Commonwealth North could not survey every person or
• Allow tax dollars to be used by parents to choose either a group that may seek changes to the Alaska Constitution should a public or private school for their children convention be approved, it sent one survey to the 60 incumbent
• Campaign finance reform legislators, the governor, lieutenant governor, commissioners,
• Require local more local contribution to local schools members of the supreme court, appellate court and presiding trial
• Establish control over federal lands judges. This survey did not ask the recipients either to identify their responses or whether they favored convening a constitutional
• Address problems with resource development due to Article convention. A second survey was mailed to the same officials and to VIII, Section 3 common use clause especially re: “mariculture many organizations. All recipients of both surveys are listed in sites and standing stocks” Appendix A. The respondents to either survey are listed in Appendix B. Additional Discussions The first survey asked: (1) what constitutional changes, if any, do you believe should be made to the way in which the three branches Although neither the Constitutional Convention Study Group of government function (separately or together)? (2) What survey nor publicly discussed changes to the constitution can constitutional changes, if any do you believe should be made to the include every change that may be sought should a convention be general public policy concepts set forth in the Alaska Constitution? held, members of the Constitutional Convention Study Group (e.g. of such policies are the management of public lands provisions of the constitution.) (3) If a constitutional convention is held, will are aware that the following additional changes have been you seek to be a delegate? Yes ___ No ___ discussed at public forums or in the media. (See appendix B.) The second survey asked: (1) Do you favor a constitutional
• Limit governor to one six (6) year term Convention? Yes _ No _. (2) If a convention convenes, what changes
• Give legislature power to approve or reject all regulations would you recommend to the way the branches of government are
• Give legislature authority to file a lawsuit on behalf of the state structured in the Alaska Constitution? (e.g. unicameral legislature, of Alaska terms of office, elected judges, etc.) (3) If a convention convenes, what changes do you recommend to the way the Alaska Constitution
• Limit the kinds of lawsuits that can be filed by people and the currently distributes the authority to govern among the three remedies that be received for harm caused by business branches of government? (e.g. appointment authority, malfeasance, defective products, and professional malpractice appropriations, land use management, taxing etc.) (4) If a
• Establish constitutional entitlement to a permanent fund convention convenes, what changes do you recommend to the general public policy concepts set forth in the Alaska Constitution? dividend (e.g. civil rights, management of public resources, etc.)
• Include land use policies which establish how land must be or can not be used
• Establish educational policies and funding re: school vouchers, Survey Statistics public funding of all schools; policies that schools must follow The first survey was mailed to 90 officials. 16 (18%) responded. 8 (50%) listed changes they believed should be made to the
• Set forth the exact time that life begins constitution if a convention is convened; 8 (50%) did not list any
• Add the initiative amendment process changes.
• Establish all native villages as tribes and give each tribe civil The Second survey was mailed to recipients of the first survey plus and criminal jurisdiction over village residents 41 additional individuals or organizations. 17 (13%) responded. Of these responses, 13 (76%) did not favor convening a constitutional
• Clean up some of the language and provisions convention. 2 (12%) favored a convention. 2 (12%) expressed no
• Rewrite the Preamble to be more inclusive opinion. Of the 17 responses, 5 (29%) listed changes they recommended be made to the constitution if a convention is convened.

Yes or No ~ Shall there be a constitutional convention? Yes. Alaska has serious problems that need to be resolved. We Yes. A constitutional convention would provide an are not solving such issues as how to use our natural resources, how opportunity for Alaskans from all sectors of society -- not just best to realize the benefits of our common ownership of state partisan, political, elected or appointed leaders -- to consider resources, how to prioritize use of fish and game in times of whether the constitution needs to be changed and if so, how. Any shortage, how to close the fiscal gap between state income and state disappointment or dissatisfaction with the ability or willingness of expenditures. current elected or appointed officials to deal with Alaska’s problems could be overcome by such new leadership. The delegates could assess how a restructured government might work and what No. The problems facing Alaskans today result from years of general public policies should be elevated to constitutional population growth and economic development combined with fiscal mandates. From their discussions and recommendations, a new decisions by legislatures and development decisions by governors. vision of Alaska may emerge which can unify all Alaskans. The constitution already provides either the legislature or the executive branch with the power and authority to effectively solve these problems. The fact that these problems are not being solved No. Getting elected as a convention delegate will involve filing results from failure of the executive and legislative branches to for office, conducting a campaign and complying with campaign function properly in some areas. Weak leadership cannot be fixed by laws. The campaign will be easiest and least expensive for a constitutional convention. candidates who already have public name recognition. Delegates will have to be away from their business or profession for some weeks which may discourage many Alaskans from seeking such Yes. A constitutional convention would be healthy for Alaska at leadership. Delegates new to the political process are likely to be this time. It would provide an open forum for discussion that would subjected to the organized influence of special interest groups. attract a diversified group of individuals who do not serve in the Political inexperience of delegates may result in disproportionate legislature or executive branches of government. Such an open input from some groups and a lack of equal consideration of all forum could focus attention on our basic governance and policy meritorious points-of-view. A constitutional convention is too needs for the future. A constitutional convention is an opportunity important, too expensive, and too time-consuming to be used as a for Alaskans to dialogue about the state they want to live in. recruitment tool or training ground for new state leaders. Individuals and special interests will undoubtedly have a voice. Such dialogue is the essence of the democratic process. Because groups such as Alaska Natives and other minorities were under represented Yes. Alaskans need a constitutional convention in order to at the first convention, a constitutional convention at this time could amend the state constitution to provide specifically for subsistence include their voices. Delegates would take a reasoned, responsible hunting and fishing. The amendment is needed (1) to heal the approach in a needed forum for broad discussion of issues that “urban/rural” division in our state; and (2) so that the Federal divide Alaska. Even if such discussions do not lead to change, it Government will once again let Alaska manage fish and game on could at least lead to a greater understanding for divergent positions. federal land in Alaska.

No. There is no requirement or even certainty that candidates for No. A constitutional convention is not needed to vote on one convention delegates will be community, Alaska Native, other specific matter such as a subsistence amendment. The voters of minority, or business leaders who are visionary, non-partisan, and Alaska have repeatedly demonstrated that they want to vote on a have “no axe to grind.” Any adult resident who wants to be a subsistence amendment yet a group of legislators repeatedly delegate for any reason does and should have the right to be a refuses to put it on the ballot. The special interest groups that have candidate and to be elected. Depending on how the legislature successfully lobbied these legislators to keep the issue off the ballot decides the details of delegate selection, and where and for how long are likely to also lobby convention delegates to do the same. the convention will be held, it is uncertain whether business, However, unlike the lobbying of legislators, disclosure of lobbyists community, minority, or Alaska Native leaders will be able to devote who work to influence convention delegates is not expressly time and resources to being a convention delegate. Alaska affords required by the lobbying statutes or regulations. The solution is many opportunities for business, community and Alaska Native and not to convene a constitutional convention; the solution is to elect other minority leaders to come together to discuss Alaska’s future legislators who will follow the will of the people. and to reach consensus or greater understanding of the different points of view about Alaska’s future. These opportunities include governor and legislative task forces, public forums such as the Alaska 20/20 project, and discussions organized by various community and statewide not-for-profit groups. It is unnecessary to have a constitutional convention in order for Alaskans to dialogue about the future of Alaska.

Appendix A: Survey Recipients Alaska Conservation Alliance Tom Atkinson Executive Director Miners Association Steve Borell Executive Director Alaska Oil & Gas Association Judy Brady Executive Director Alaska Outdoor Council Jerry Burnett President Anchorage Convention & Visitors Bureau Bruce Bustamante President & CEO Alaska Judicial Council Larry Cohn Executive Director Alaska Housing Finance Corporation Daniel Fauske CEO/Executive Director Planned Parenthood of Alaska Anna Franks Executive Director Alaska State AFL-CIO Mano Frey Executive President Alaska Railroad Corporation General Patrick Gamble President and CEO University of Alaska Anchorage Edward Lee Gorsuch Chancellor University of Alaska System General Mark Hamilton President Yes. After 43 years of statehood, thousands of laws, Teamsters Local 959 Jerry Hood Secretary/Treasurer regulations and court decisions as well as twenty-seven amendments, we need to realize that the constitution is not Alaska Support Industry Alliance Larry Houle General Manager working because it does not provide an appropriate structure of Anchorage Chamber of Commerce April Jensen President government. We need to restructure both the legislative and executive branches with different rules for each of them in order to Alaska Mental Health Trust Authority Jeff Jessee Executive Director manage successfully the commonly owned resources of Alaska. Alaska is unique in the United States due to its geographical Alaska State Medical Association James Jordan Executive Director location and size, and its common ownership of financial and The Rasmuson Foundation Diane Kaplan President natural resources. The people who wrote our constitution did not fully understand the responsibilities of common ownership. We Alaska Science & Tech. Fdn. James Kenworthy Executive Director need a constitutional convention to correct this. People who claim that we have a model constitution have not tried to live under it. Alaska Federation of Natives Julie Kitka President Alaska needs a constitution that will provide a government NEA – Alaska Rich Kronberg President structure that can manage our natural resources for the economic benefit and common good of all Alaskans. Alaska should be run Alaska State Chamber of Commerce Pamela La Bolle President more like an owner state and less like a government. University of Alaska Fairbanks Marshall Lind Chancellor

No. Our constitution is one of the most concise and flexible in Alaska Right To Life Bob Lyn President the United States. It is recognized and used as a model by Pacific Seafood Processors Assoc. Stephanie Madsen Vice-President constitutional scholars around the world. It allows Alaska to meet its changing needs in a stable legal environment. It was created At-Sea Processor Association Trevor McCabe Executive Director free of the “special solutions” that tie the hands of future leaders Alaska Bar Association Deborah O'Regan Executive Director who will face new situations which demand new solutions. It allows the legislature its choice of legitimate means to develop Resource Development Council Thaddeus Owens Executive Director public policy; it establishes a strong, unified executive and an independent, unified judiciary. The constitution does not have any AIDEA Robert Poe Executive Director major provisions that are outdated or too restrictive. Any University of Alaska Southeast John Pugh Chancellor individual change needed to achieve a specific goal can be made through the amendment process. This process permits us to focus Alaska Municipal League Kevin Ritchie Executive Director public debate and discussion on a specific problem and the Alaska Inter-tribal Council Margaret L. Roberts Executive Director proposed constitutional solution. There is no justification to invite instability or to throw away 43 years of statehood experience by American Civil Liberties Union Jennifer Rudinger Executive Director opening the entire constitution to “revision” of our basic structure of government. U.S. District Court Hon. James Singleton Chief Justice Denali Commission Jeff Staser Federal Chairman Yes. A constitutional convention is an opportunity to create a Alaska Permanent Fund Corporation Robert Storer Executive Director modern document that reflects the economic, political and cultural changes that have occurred in Alaska since the 1950s. Alaska Outdoor Council Jessee VanderZanden Executive Director Although there are uncertainties and risks, it requires an inherent faith in the principles of democracy that in the end, Alaskans will Alaska Forest Association George Woodbury President do the right thing for the right reasons. National Rifle Association Wayne Ross National Director Eddie Grasser Field Representative No. Convening a constitutional convention is very risky. Not All current Alaska state legislators only are there many unknowns, there are no compelling reasons for overhauling the constitution at this time. All current members of the Supreme Court All current members of the Appellate Court All current presiding trial judges The Governor and Lt. Governor of Alaska All current commissioners of state departments The Alaska Congressional Delegation

810 N Street,Suite 202 Anchorage,Ak 99501 Exec@commonwealthnorth.org

Appendix B: Survey Respondents Study Group Participants Although most of the respondents signed their response, the first survey to legislators, executive branch officials and judges expressly did not ask for Retired Judge Karen Hunt Co-chair respondents’ identity. Consequently the following list does not identify seven William Colbert Co-chair respondents. William Evans Alaska Railroad Joe Griffith Anchorage Chamber of Commerce Board of Directors Mike Heatwole Kay Brown Joseph Henri Justice Carpeneti advised he feels ethically restrained Governor Walter Hickel H.R. “Ky” Holland Grant Hunter Janie Leask Betty Davis Matt Moon Fred Dyson Nelson Page Judicial Council Jeff Staser Nancy Bear Usera James Kenworthy Lawrence Wiget Duane Heyman Executive Director, Commonwealth North Resource Development Council Commonwealth North Board of Directors Deborah O’Regan Joe Griffith President James Yarmon Vice President Randy Phillips Jonathan Kumin Vice President Janie Leask Vice President Wayne Anthony Ross Morton Plumb Jr. Secretary Frank Rue Jan Fredericks Treasurer Ben Stevens Nancy Bear Usera Past President

Richard F. Barnes • Douglas Bruce • William H. Colbert, III • In the section titled “What changes to the Alaska Constitution are being Mano Frey • Edward Lee Gorsuch • Walter J. Hickel • Max Hodel • discussed?,” Commonwealth North sets forth additional changes to the constitution that are being discussed. The sources for this list include the Karen L. Hunt • Jewel Jones • Marc Langland • Betsy Lawer • Community Commentary and the POINTCOUNTERPOINT sections of James Linxwiler • Loren H. Lounsbury • Jeff B. Lowenfels • the Daily News, the April 1992 Alaska Common Ground issue paper, Kevin Meyers • Rick Mystrom • Matthew Nicolai • Mike Sexton • “Shall There be A Constitutional Convention”, the 2002 public forum on William Sheffield • Jeff Staser • William J. Tobin • David Wight the issue sponsored by Common Ground at the Wilda Marsten public library, April 27, 2002, and the 1992 Commonwealth North publication, “Shall There be A Constitutional Convention”? Duane Heyman Executive Director, Commonwealth North

Thanks To Our Underwriters Retired Judge Karen Hunt Pat Gamble