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Title 3 . Commerce, Community, and Economic Development
Chapter 190 . Real Property From Dissolved Municipalities
Section 270. Village referendum

3 AAC 190.270. Village referendum

(a) For a village as to which no village entity is formally recognized under 3 AAC 190.110 - 3 AAC 190.150, the commissioner will, in his or her discretion, consult with and ascertain the views of village residents by the use of a village referendum if

(1) a meeting of the village residents has, within the immediately preceding two years, adopted a resolution authorizing the use of a village referendum as an alternative to a village meeting;

(2) no notice to rescind has been filed under (c) of this section; and

(3) the commissioner determines, in his or her discretion and on a case-by-case basis, that the views of the village residents regarding a specific proposed action or determination can be obtained effectively by referendum.

(b) A village meeting resolution authorizing subsequent village referenda must contain a listing of the names and mailing addresses of all bona fide village residents eligible to vote on a village referendum.

(c) If a notice to rescind a village meeting resolution authorizing village referenda has been signed by at least 10 percent of the bona fide residents of the village and filed with the commissioner, then the commissioner will not initiate a village referendum, but will instead treat the resolution authorizing use of referenda as rescinded and will initiate a meeting of the village residents to consider, among other things, the approval of a new village meeting resolution authorizing village referenda.

(d) A village referendum must be taken by mail. The commissioner will mail a written statement of the specific proposed action or determination to each person listed in the authorizing village meeting resolution as a bona fide village resident of the village, giving each an opportunity to vote upon the proposition and return his ballot to the commissioner within 30 days. A majority vote of the ballots timely cast and returned to the commissioner will determine the outcome of the proposition; however, if the majority vote cast is less than 25 percent of the village residents listed on the authorizing village meeting resolution, the proposition fails. Individual votes will be kept confidential. The tabulated results of the balloting will be mailed to each listed resident.

History: Eff. 9/21/79, Register 71; am 11/19/88, Register 108

Authority: AS 44.33.755 (b)

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Last modified 7/05/2006