Alaska Statutes

Alaska Stat. § 29.26.100 (2026)

Reservation of powers

✓ current as of July 2026
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Sec. 29.26.100. Reservation of powers.
The powers of initiative and referendum are reserved to the residents of municipalities, except the powers do not extend to matters restricted by art. XI, § 7 of the Constitution of the State of Alaska.

Notes of Decisions
Cited in 14 cases, 1987–2014 · leading case: Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008).
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Griswold v. City of Homer, 186 P.3d 558 (Alaska 2008). · cites it 10× “" But, because the initiative was local, and not statewide, the power to initiate here was directly derived from AS 29.26.100, not article XI, section 1 of the Alaska Constitution.”
Staudenmaier v. Mun. of Anchorage, 139 P.3d 1259 (Alaska 2006). · cites it 8× “02 is constitutional given the prohibitions of article XI, section 7 of the Alaska Constitution, made applicable to municipalities by AS 29.26.100. The Alaska Constitution's prohibition against appropriating public assets by initiative is meant to "re[tain] control .”
Alaska Action Ctr., Inc. v. Mun. of Anchorage, 84 P.3d 989 (Alaska 2004). · cites it 4× “19 The proscriptions of AS 29.26.100 and article XI, section 7 of the Alaska Constitution are such subject-matter restrictions.”
Carmony v. McKechnie, 217 P.3d 818 (Alaska 2009). · cites it 3× “DISCUSSION Alaska voters can enact or change state law through the powers of initiative and referendum established in article XI of the Alaska Constitution, and the legislature enacted AS 29.26.100 reserving to the residents of municipalities the power to use initiatives and…”
All. of Concerned Taxpayers, Inc. v. Kenai Peninsula Borough, 273 P.3d 1128 (Alaska 2012). · cites it 2× “was directly derived from AS 29.26.100," not the Alaska Constitution.”
State v. Trust the People, 113 P.3d 613 (Alaska 2005). · cites it 2× “” 57 Alaska Action Center involved a challenge to a municipal clerk’s decision rejecting a proposed initiative on the ground that it provided for an appropriation, in violation of article XI, section 7, and AS 29.26.100. In deciding the claim, we expressly followed the…”
Price v. Kenai Peninsula Borough, 331 P.3d 356 (Alaska 2014). · cites it 8× “The Borough Clerk and the superior court rejected the application on the ground that it violated AS 29.26.100's prohibition on local or special legislation.”
Kodiak Island Borough v. Mahoney, 71 P.3d 896 (Alaska 2003). “110(a), which provides: [T]he clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter (1) is not restricted by AS 29.26.100; (2) includes only a single subject; (3) relates to a legislative rather than to…”
Pebble Ltd. P'ship v. Lake & Peninsula Borough, 262 P.3d 598 (Alaska 2011). · cites it 4× “[T]he clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter (1) is not restricted by AS 29.26.100; (2) includes only a single subject; (3) relates to a legislative rather than to an administrative…”
Swetzof v. Philemonoff, 203 P.3d 471 (Alaska 2009). · cites it 3× “An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk.”
Cons. Political Action Com. v. Anchorage, 745 P.2d 936 (Alaska 1987). · cites it 2× “AS 29.26.100. [5] *938 The constitutional prohibition against making an appropriation by initiative is not limited to appropriations of money.”
Sitkans for Responsible Gov't v. City & Borough of Sitka, 274 P.3d 486 (Alaska 2012). · cites it 2× “Article XI of the Alaska Constitution provides a right of initiative and referendum regarding state law, whereas AS 29.26.100 reserves to the residents of municipalities the right of local initiative and referendum.”
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— Alaska Stat. § 29.26.100(a) — 1 case
Sitkans for Responsible Gov't v. City & Borough of Sitka, 274 P.3d 486 (Alaska 2012). “Article XI of the Alaska Constitution provides a right of initiative and referendum regarding state law, whereas AS 29.26.100 reserves to the residents of municipalities the right of local initiative and referendum.”
— Alaska Stat. § 29.26.100(a)(3) — 1 case
Pebble Ltd. P'ship v. Lake & Peninsula Borough, 262 P.3d 598 (Alaska 2011). “[T]he clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter (1) is not restricted by AS 29.26.100; (2) includes only a single subject; (3) relates to a legislative rather than to an administrative…”
— Alaska Stat. § 29.26.100(a)(8) — 1 case
Pebble Ltd. P'ship v. Lake & Peninsula Borough, 262 P.3d 598 (Alaska 2011). “[T]he clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter (1) is not restricted by AS 29.26.100; (2) includes only a single subject; (3) relates to a legislative rather than to an administrative…”
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