Attorney General Opinions written by Libby Bakalar

Libby Bakalar has written most of the recent AG opinions regarding proposed ballot initiatives and recalls of elected officials.


http://www.law.state.ak.us/pdf/opinions/opinions_2015/15-006_JU2015200441.pdf

You asked us to review an application for an initiative entitled: “An Act relating to the permanent fund dividend application and the registration of voters; and providing for an effective date” (hereafter, “15PFVR”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application. I. The proposed initiative bill. The bill proposed by this initiative would amend, repeal, and reenact various provisions of Alaska law to allow voters to register to vote when they apply for a permanent fund dividend (“PFD”).


http://www.law.state.ak.us/pdf/opinions/opinions_2014/2014-004_JU2014200708.pdf

You asked us to review an application for an initiative entitled: “An Act creating criminal penalties for public officials who regulate or legislate competitive advantages for, or direct appropriations to their business partners, their clients, their contributors, and other defined close associates and creating criminal penalties for those who succeed in profiting by inducing public officials to violate this act” (hereafter, “14CPO2”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application. I. The proposed initiative bill. The bill proposed by this initiative would repeal and reenact AS 11.56.130 in Title 11 of the Alaska Statutes (Criminal Law).1 The proposed new AS 11.56.130 would be titled “Presumptive political bribery” and consist of four sub-sections as follows:


http://www.law.state.ak.us/pdf/opinions/opinions_2014/2013-001_JU2013200790.pdf


Re: Review of Initiative Application for “An Act providing for the protection and conservation of Alaska’s fisheries by prohibiting shore gill nets and set nets in nonsubsistence areas.” A.G. File No. JU2013200790 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act providing for the protection and conservation of Alaska’s fisheries by prohibiting shore gill nets and set nets in nonsubsistence areas” (“13PCAF”). We conclude that the initiative violates the constitutional and statutory prohibition on making or repealing appropriations by initiative, as that prohibition has been interpreted by the Alaska Supreme Court. Accordingly, we recommend that you decline to certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-004_JU2013200362.pdf


Re: Lindsey Holmes Recall Application AGO File No.: JU2013200362 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for recall of House Representative Lindsey Holmes. Alaska Statute 15.45.540 requires the director of the Division of Elections to review the application and either certify it or notify the recall committee of the grounds of refusal. The application’s statement of grounds for recall does not satisfy the legal standard for recall required by AS 15.45.510, in that the alleged facts, taken as true, are insufficient to state a claim for lack of fitness—the sole statutory ground for recall stated in the summary. Therefore, the application is not substantially in the form required by AS 15.45.550(1). We recommend the application be denied because Representative Holmes’s conduct in changing political parties is lawful and constitutionally protected.


http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-006_JU2013200288.pdf

Re: Review of Initiative Application for “An Act increasing the Alaska minimum wage to $8.75 per hour effective January 1, 2015, $9.75 per hour effective January 1, 2016, and thereafter adjusted annually for inflation.” A.G. File No. JU2013200288 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act increasing the Alaska minimum wage to $8.75 per hour effective January 1, 2015, $9.75 per hour effective January 1, 2016, and thereafter adjusted annually for inflation” (“13MINW”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-005_JU2013200236.pdf


Re: Review of Initiative Application for “An Act to Tax and Regulate the Production, Sale, and Use of Marijuana.” A.G. File No. JU2013200236 Dear Lieutenant Governor Treadwell: You asked us to review an application for an initiative entitled “An Act to tax and regulate the production, sale, and use of marijuana” (“13PSUM”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2013/2013-002_JU2013200274.pdf

Re: Review of SB 21 Referendum Application A.G. File No. JU2013200274 Dear Lieutenant Governor Treadwell: You asked us to review an application for a referendum to reject Senate Bill 21, passed during the legislative session that adjourned April 14, 2013. The Division of Elections designated the referendum as “13SB21.” Because the application complies with the constitutional and statutory provisions governing the referendum process, we recommend that you certify the application.


 http://www.law.state.ak.us/pdf/opinions/opinions_2012/12-004_JU2012200845.pdf

Re: Review of “Bristol Bay Forever” Initiative Application A.G. File No. JU2012200845 Dear Lieutenant Governor Treadwell: You have asked us to review an application for an initiative entitled “An Act Providing for Protection of Bristol Bay Wild Salmon and Waters Within or Flowing into the Existing 1972 Bristol Bay Fisheries Reserve” (“12BBAY”). Because the application complies with the specific constitutional and statutory provisions governing the initiative process, we recommend that you certify the application.

http://www.law.state.ak.us/pdf/opinions/opinions_2011/11-014_JU2011200659.pdf

Re: Review of 11ACMP Initiative Application A.G. File No. JU2011200659 Dear Lieutenant Governor Treadwell: You have asked us to review an application for an initiative entitled “An Act establishing the Alaska Coastal Management Program.” Despite numerous potential constitutional concerns with this initiative bill as discussed herein, and numerous irregularities involving draftsmanship, inconsistencies, and ambiguities in the bill itself, the application complies with the specific constitutional and statutory provisions governing the initiative process and we therefore recommend that you certify the application.

http://www.law.state.ak.us/pdf/opinions/opinions_2011/11-013_JU2011200574.pdf

Re: Review of Application for Recall of House Representative Kyle Johansen A.G. File No. JU2011200574 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for recall of House Representative Kyle Johansen. Alaska Statute 15.45.540 requires the director of the Division of Elections to review the application and either certify it or notify the recall committee of the grounds of refusal. The application’s statement of grounds for recall does not satisfy the legal standard for recall required by AS 15.45.510, in that the alleged facts, even assuming they are true, are insufficient to state a claim of incompetence or neglect of duties – the two statutory grounds for recall stated in the summary. Therefore, the application is not substantially in the form required by AS 15.45.550(1). We recommend that the application be denied.



 http://www.law.state.ak.us/pdf/opinions/opinions_2014/2014-003_JU2014200727.pdf


Gail Fenumiai Director, Division of Elections PO Box 110017 Juneau, AK 99811-0017 Re: Review of Application for Recall of John Atchak AGO No. JU2014200727 Dear Ms. Fenumiai: You have asked for our opinion regarding the application for a petition to recall the chair of the Kashunamiut School District regional school board, John Atchak.1 The school board is comprised of five members, including Mr. Atchak.

Please read the Addendum/Update

There is an addendum/update at the bottom of the last post on this blog - "Libby Bakalar should Not be working as an Attorney for the State of Alaska" - that gives some more background.