Alaska Ballot Measure 1, Constitutional Convention Question (2022)

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Alaska Ballot Measure 1
Flag of Alaska.png
Election date
November 8, 2022
Topic
Constitutional conventions
Status
Defeatedd Defeated
Type
Automatic referral
Origin
Dictated by law

Alaska Ballot Measure 1, the Alaska Constitutional Convention Question, was on the ballot in Alaska as an automatic ballot referral on November 8, 2022. The measure was defeated.

A "yes" vote supported holding a state constitutional convention.

A "no" vote opposed holding a state constitutional convention.


Election results

Alaska Ballot Measure 1

Result Votes Percentage
Yes 75,723 29.55%

Defeated No

180,529 70.45%
Results are officially certified.
Source

Overview

What is a constitutional convention?

A constitutional convention is a gathering where delegates propose amendments and changes to the state constitution. A constitutional convention question can be automatically scheduled to be put on the ballot for voters to decide, a state legislature can vote to put the question to voters, or citizens can file an initiative to place it on the ballot.

As of 2022, 44 states had a process of deciding on a constitutional convention.

In 14 states, including Alaska, constitutional convention questions are automatically referred to the ballot after a certain number of years. For these states, there is no requirement for a state legislature to vote to place the question on the ballot. For Alaska, Iowa, New Hampshire, Rhode Island, and Hawaii, the constitutional convention question is referred to the ballot every 10 years. For Michigan, it is 16 years. For Connecticut, Illinois, Maryland, Missouri, Montana, New York, Ohio, and Oklahoma, a question is placed on the ballot every 20 years.

Twenty-seven states allow their legislature to vote to put a question for a constitutional convention on the ballot. Some of these states require a majority vote in their legislature, while others require a supermajority vote of three-fifths (60%) or two-thirds (66.67%).

Five states—Georgia, Louisiana, Maine, South Dakota, and Virginia—allow for a supermajority legislative vote without voter approval, and five states—Arizona, Florida, Montana, North Dakota, and South Dakota–also have a petition process for citizens to file an initiative to petition for a constitutional convention question on the ballot.

Seven states—Arkansas, Indiana, Mississippi, New Jersey, Pennsylvania, Texas, and Vermont—do not provide for constitutional conventions.

Has Alaska had a constitutional convention before?

Alaska’s first and only constitutional convention was held in 1956, three years before Alaska achieved statehood.

At this convention, 55 delegates gathered at the University of Alaska to draft the constitution. The convention was in session for 75 days, and on February 5, 1956, the constitution was adopted by the delegates, which formed the congressional approval for statehood. The following day, the constitution was signed. On April 24, 1956, the constitution was ratified by territorial voters. This constitution did not go into effect until Alaska became a state in 1959.

Since the first constitutional convention in 1956, a constitutional convention question had appeared on the ballot before voters six times—in 1970, 1972, 1982, 1992, 2002, and 2012—prior to the 2022 question. Only once had a constitutional convention been approved by voters, in 1970. However, opponents to the question filed a lawsuit claiming that the ballot text was misleading. This led to the question being placed again, reworded, on the 1972 ballot, where it was rejected by voters.

How does Alaska decide on a constitutional convention?

In Alaska, a constitutional convention question appears automatically on the ballot every 10 years.

The constitutional convention process requires three public votes. The first vote is a vote on whether to call for a constitutional convention. If the majority of voters approve of the constitutional convention question, then a second vote will appear on the ballot of the next regular statewide election (or in a special election) to elect convention delegates. The third vote is to approve any amendments to the constitution.

The Alaska State Legislature can also call for a constitutional convention at any time, according to the Alaska Constitution.

Text of measure

Ballot title

The official ballot title was as follows:[1]

Shall there be a constitutional convention?[2]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The constitution wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 10, and the FRE is 32. The word count for the ballot title is 6.


Support

Convention Yes was the organization in support of the Alaska Constitutional Convention Question.[3]

Supporters

Officials

Organizations

  • Alaska Family Council

Individuals


Arguments

  • Jim Minnery, president of the Alaska Family Council: "Our public policy ministry, along with many other groups, will be advocating for Alaskans to vote YES in the November 2022 General Election to hold a Constitutional Convention for three primary reasons: [1] To remove the Alaska Supreme Court from manufacturing a “right to abortion” in our State Constitution. [2] To provide for more educational choice for Alaskans. [3] To implement much-needed judicial reform and create more accountability to a court that has continually abused its authority."


Official arguments

The following was the argument supporting the Constitutional Convention Question found in the Alaska Official Election Pamphlet:[4]

  • Alaska Official Election Pamphlet: Yes! Our beloved state has been captured by massive political corruption. The amendments that might have been proposed for simpler solutions to a convention have been rejected for years by the legislature, while the judiciary has invented new unconstitutional powers for themselves. 1. The Alaska PFD must be constitutionalized. 2. The Judicial Council, which appoints judges and is rigged in favor of lawyers, needs to be discarded. 3. We must reject the violations of the federal constitution that were imposed upon us at statehood. While we must continue to guarantee native lands, Alaska was forced to include in our constitution Article 12, Section 12. This gave the federal government property that has no basis in the U.S. Constitution, which violates Article I, Section 8, clause 17, plus the 10th Amendment. Having the federal government own 65% of our state completely suffocates Alaska’s ability to become economically prosperous and self-supporting. 4. Over the years a power grab by the judiciary has actually overthrown our state constitution. They have seized the power of the purse, the governor’s line-item veto and the legislature’s ability to override it. They invented the “duty” to amend the constitution through case law opinions. The courts have seized the definition of privacy, which is specifically reserved to the legislature in Article 1, Section 22. Both the executive and legislative branches have had the power to halt this, but it is merely implied. 5. Therefore, the constitution needs to be more strongly worded so that citizens, governors and legislators will understand that the judiciary’s power to interpret the constitution must be shared. As it was said in Federalist #78: “The judiciary has no influence over either the enforcement or the purse; no direction either of the strength or of the wealth of the society. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for enforcement of its judgments.” 6. In addition, election integrity must be addressed so that machines and computers can never again be used, and that chain-of-custody is protected by citizen poll-watchers. A constitutional convention is a risk, but Alaskans are risk-takers and we cannot allow contrived fears to rule us. If this ballot measure should pass, we must insist the following: That the delegates not be sitting members of the legislature. They must be Alaskans of at least 5 years or more continuous residency, and they must be chosen by “town hall” type meetings through each precinct and district, not by expensive campaigns and electioneering. Our current constitution reads that all political power is inherent in the people, government originates from the people, is instituted for the good of the people as a whole, and is founded on their will only. This may be our last chance to do that. In the name of liberty for ourselves and our future generations, please vote “Yes”. --- Bob Bird, Retired public school teacher, MS degree in History, 45-year Alaskan, Radio talk-show host, Chairman, Alaskan Independence Party

Opposition

Defend Our Constitution led the campaign in opposition to the constitutional convention question.[5]

Opponents

Officials

Former Officials

Political Parties

Unions

  • Alaska National Education Association

Organizations

  • Alaska Municipal League


Arguments

  • Former State Sen. John Coghill (R): "It would be, who could throw the most money at it, who could get the bumper sticker approaches to it, and people who can be moved emotionally rather than thoughtfully."
  • Former State Sen. Cathy Giessel (R): "Our political system is broken, but our Constitution is not broken. Alaska’s Constitution provides the foundation needed for economic and social stability. This is not the time to emotionally shred our guiding document. A Constitutional Convention would risk special interests and big money lobbyists rewriting it to suit their goals, not to the benefit of Alaskans. Alaska’s Constitution is not broken – don’t mess with it."
  • Former Attorney General and Juneau Mayor Bruce Botelho (D): "We're concerned that a convention, which is not restricted in any way about what kinds of changes could be proposed, could fundamentally alter both our state government structure but tamper with the rights that are guaranteed to all Alaskans in the Constitution."
  • Cathy Giessel, John Coghill, Bruce Botelho, Rep. Bryce Edgmon, Gail Schubert, Joelle Hall, Bill Corbus, and Luke Hopkins: "We believe a constitutional convention is not only unnecessary and expensive, but it would be dangerous for our state. Not only would it unnecessarily inject years of uncertainty into the statutory and regulatory frameworks that govern every aspect of Alaskans’ lives, it would open our entire constitution up for revision. The principles contained in our constitution, such as common use of our natural resources, sustained yield management, public domain, access to fisheries, mineral and water rights, and access to navigable waters could all be put in jeopardy."


Official arguments

The following was the argument opposing the Constitutional Convention Question found in the Alaska Official Election Pamphlet:[6]

  • Alaska Official Election Pamphlet: Every 10 years, Alaskans are asked whether we should hold a constitutional convention. Each time, Alaskans have strongly rejected that question. This year Alaskans should join a growing coalition from across the political spectrum in once again voting “No” on a constitutional convention. A constitutional convention is unnecessary, expensive, and dangerous. Not only would it open up our entire founding document to wholesale rewrite, it would create years of economic and regulatory uncertainty in our state. Opening up Alaska’s entire Constitution could lead to unpredictable changes and open a Pandora’s box of hot-button issues like access to natural resource, taxes, abortion, guns rights, gender and sexual orientation, the Permanent Fund, land and wildlife management and so much more. Because no state in the nation has held a state constitutional convention in over 36 years, special interests from outside of Alaska would seize this opportunity to make Alaska the testing ground for their political and partisan agendas. Exposing our founding document to years of political infighting, particularly in the face of growing divide in our nation, is the last thing hardworking Alaska families, businesses and communities need. Alaska’s Constitution has served our state well for over 60 years. Our state’s founders included a separate, well-devised, and transparent amendment process to make targeted changes to our Constitution; a process that has worked well for Alaskans on 40 separate occasions. However, a convention would open up the entire Constitution for unlimited revision. Even more concerning: convention delegates would be selected via a special election with zero restrictions on campaign contributions. And because sitting legislators in Juneau would be eligible to run, there is little assurance that a convention would result in meaningful changes. A constitutional convention would ultimately lead to a multi-year, costly and contentious process that would distract from the real work of addressing our state’s shared challenges. Hundreds of individuals representing Alaska’s geographic and political diversity have formed to formally oppose a convention. This coalition represents a broad group of Alaskans who often disagree on issues facing our state: business and labor leaders, resource development champions and conservationists, Republicans and Democrats. But we all agree: a constitutional convention would be unnecessary, expensive, and dangerous for Alaska. Holding a constitutional convention carries great risk, with little or no potential reward. Alaskans should work to protect our founding document and oppose the constitutional convention this November by voting no on Ballot Measure 1. -- John Coghill: Fairbanks, AK; Joelle Hall: Anchorage, AK; William Corbus: Juneau, AK

Campaign finance

See also: Campaign finance requirements for Alaska ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through February 1, 2023.


The ConventionYes PAC was registered to support the constitutional convention question. The PAC raised $61,606. The Defend Our Constitution PAC was registered to oppose the constitutional convention question. The PAC raised $2.93 million.[7]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $61,606.95 $0.00 $61,606.95 $45,228.91 $45,228.91
Oppose $2,655,843.74 $282,819.18 $2,938,662.92 $1,980,919.37 $2,263,738.55
Total $2,717,450.69 $282,819.18 $2,938,662.92 $2,026,148.28 $2,308,967.46

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[7]

Committees in support of Ballot Measure 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
ConventionYES $61,606.95 $0.00 $61,606.95 $45,228.91 $45,228.91
Total $61,606.95 $0.00 $61,606.95 $45,228.91 $45,228.91

Donors

The following were the top donors to the committee.[8]

Donor Cash Contributions In-Kind Contributions Total Contributions
John Thomas Grissom $10,000.00 $0.00 $10,000.00
David Biddulph $5,000.00 $0.00 $5,000.00
Jesse Sumner $5,000.00 $0.00 $5,000.00
Paul Gionet $5,000.00 $0.00 $5,000.00

Oppose

The following table includes contribution and expenditure totals for the committee in opposition to the initiative.[7]

Committees in opposition to Ballot Measure 1
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Defend Our Constitution $2,655,843.74 $282,819.18 $2,938,662.92 $1,980,919.37 $2,263,738.55
Total $2,655,843.74 $282,819.18 $2,938,662.92 $1,980,919.37 $2,263,738.55

Donors

The following were the top donors to the committee.[7]

Donor Cash Contributions In-Kind Contributions Total Contributions
Sixteen Thirty Fund $1,710,000.00 $282,700.00 $1,992,700.00
Sage Media Planning & Placement $1,155,520.09 $0.00 $1,155,520.09
National Education Association $500,000.00 $0.00 $500,000.00
American Federation of Teachers, AFL-CIO $100,000.00 $0.00 $100,000.00
Dittman Research $55,500.00 $0.00 $55,500.00

Media editorials

See also: 2022 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

  • Fairbanks Daily News-Miner Editorial Board: "We support this citizens initiative in the hope that its passage will force the Legislature and governor to then revisit the newly approved oil tax law, possibly reducing the new rate, as part of a comprehensive fiscal plan that includes a statewide personal income or sales tax, continued — though not as drastic — budget reductions, and incentives to further develop the state’s natural resources. The Alaska Constitution allows for a successful initiative to be amended at any time and repealed after two years."


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • Anchorage Daily News Editorial Board: "Our state is in a severe budget crisis, and we need to find a way out. But Ballot Measure 1 would help our short-term budget picture at the expense of the longer term, once again squeezing that golden goose harder to try and get out a few more eggs — a tactic that has been tried and failed."


Background

State constitutional conventions

See also: State constitutional conventions

A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to a state constitution. As of 2021, 233 constitutional conventions to deliberate on state-level constitutions have been held in the United States.

As of 2022, 44 states had rules that govern how, in their state, a constitutional convention can be called. In 14 states, including Alaska, the question of whether to hold a constitutional convention is automatically referred to a statewide ballot without any requirement for a vote of the state Legislature to place the question on the ballot. States that have scheduled automatic ballot referrals for constitutional convention questions include Alaska (2022), Missouri (2022), New Hampshire (2022), Rhode Island (2024), Michigan (2026), Connecticut (2028), Hawaii (2028), Illinois (2028), Iowa (2030), Maryland (2030), Montana (2030), Alaska (2032), New Hampshire (2032), and Ohio (2032).

In Alaska, Section 3 of Article 13 of the Alaska Constitution calls for the question of whether to hold a convention to automatically be placed on the ballot every 10 years.

Previous votes on Alaska constitutional conventions

Shown below are the previous times Alaska had voted on whether or not to hold a constitutional convention.

From 1959 to 2022, voters approved of one constitutional convention in 1970. However, the constitutional convention was not held. Opponents filed a successful lawsuit in state court claiming that the ballot text, which said "As required by the Constitution of the State of Alaska, Article XIII, Section 3, shall there be a constitutional convention?", was misleading. They specifically argued that the way the question was worded on the ballot made it seem as if the Alaska Constitution itself required that a convention be held, rather than that the constitution simply required that voters be given the opportunity to decide whether they wanted a convention.

The last time Alaskans voted on whether to hold a constitutional convention was in 2012 via Ballot Measure 1. It was rejected with 67% of voters opposed.

Year Title Yes vote No vote Status
2012 ConCon Question 33.41% 66.59% Defeated Defeatedd
2002 ConCon Question 28.36% 71.64% Defeated Defeatedd
1992 ConCon Question 37.30% 62.70% Defeated Defeatedd
1982 ConCon Question 37.07% 62.93% Defeated Defeatedd
1972 ConCon Question 34.51% 65.49% Defeated Defeatedd
1970 ConCon Question 50.32% 49.68% Approved Approveda

Other constitutional convention questions on the ballot 2022

See also: Constitutional conventions on the ballot
  1. Missouri Constitutional Convention Question (2022) Defeatedd
  2. New Hampshire Constitutional Convention Question (2022) Defeatedd

Path to the ballot

See also: State constitutional conventions

According to Section 3 of Article 13 of the Alaska Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 10 years starting in 1970. Alaska is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Alaska 10 years 2022 2032

How to cast a vote

See also: Voting in Alaska

Click "Show" to learn more about voter registration, identification requirements, and poll times in Alaska.

See also

Footnotes

  1. Alaska State Constitution, "Article XIII – Amendment and Revision," accessed August 31, 2021
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ConventionYes, "Homepage," accessed Sep 26, 2022
  4. Alaska Elections, "Alaska Official Election Pamphlet," accessed October 31, 2022
  5. Defend Our Constitution, "Homepage," accessed April 13, 2022
  6. Alaska Elections, "Alaska Official Election Pamphlet," accessed October 31, 2022
  7. 7.0 7.1 7.2 7.3 State of Alaska, "APOC Online Reports," accessed February 13, 2022
  8. Cite error: Invalid <ref> tag; no text was provided for refs named fnance
  9. Alaska Division of Elections, "Polling Place Hours," accessed July 15, 2024
  10. Find Law, "Alaska Statutes Title 15. Elections 15.15.320. Voters in line when polls close," accessed July 15, 2024
  11. 11.0 11.1 Alaska Division of Elections, "Who Can Register And Who Can Vote?" accessed July 15, 2024
  12. Alaska Division of Elections, "Register to Vote or Update Your Voter Registration," accessed July 15, 2024
  13. 13.0 13.1 Alaska Division of Elections, "State of Alaska Voter Registration Application," accessed July 15, 2024
  14. Alaska Department of Revenue, “Automatic voter registration,” accessed July 15, 2024
  15. Alaska Division of Elections, "Presidential Elections," accessed July 15, 2024
  16. Alaska Department of Revenue, “Automatic voter registration,” accessed March 1, 2023
  17. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  18. Alaska State Legislature, "Alaska Statutes 2018 Sec. 15.15.225 Voter identification at polls," accessed July 15, 2024
  19. 19.0 19.1 Alaska Division of Elections, "Voting at the Polling Place Election Day," accessed July 15, 2024