Welcome to the None of the Above Home Page
This page presents the None of the Above petition that circulated in Alaska
in 1990-91 and was known as the "90-NONE" petition to the state
of Alaska. Below is the original petition language:
START PETITION LANGUAGE
Petition to Include "None of the Above" on All Statewide Ballots
We the undersigned on this petition require that the following be included
on the ballot in the next statewide election. "Be it enacted by the
People of the State of Alaska that the portion of Alaska Statutes dealing
with election law shall be changed to provide that:
1.) "None of the Above" shall be placed, as with a candidate,
below the last candidate listed and above that portion reserved for a write
in choice on each general election or special election ballot for each position
to be voted on that is distributed in the State of Alaska.
2.) In case "None of the Above" wins in a general or special election
there shall be up to two more elections, each scheduled 28 days after the
date of certification of the prior election.
3.) In the case where "None of the Above" wins in an election
and a person is required to fill the position left vacant, the Head Justice
of the Alaska Supreme Court shall swear in that offices' incumbent to act
in the capacity of a pro tem officeholder to perform required duties. In
case of the death or incapacity of the incumbent the person who receives
a simple majority of votes shall take the incumbents place as an officeholder
pro tem. Situations requiring a choice between two or more candidates shall
be settled by a simple toss of the coin, or by using the "odd man"
out toss of the coin method.
4.) If "None of the Above" wins an election candidates for the
subsequent elective process shall have 6 business days starting the day
after the date that the election is certified to register to run for office.
5.) Candidates running for office in any 28 day special elections triggered
by this petition shall not spend any money that has not been raised in the
28 day election period that the candidate is registered to run in."
END PETITION LANGUAGE
Problems:
Can't touch the President, Vice-President, Governor, or Judges, BUT it does
cover Lt. Governor, U.S. Senate, U.S. House, State Senate, State House,
Mayors, Dog Catchers, Corporate Boards, Borough Commissioners, Condo Boards,
and just about everybody that has to be voted on in the state of Alaska
whose method of election is not covered in the State Constitution. - Not
much of a problem, we get to the base of the government - they will ensure
the folks above them will feel the pain too, eventually.
I used the word SHALL, big mistake, I should have used the word WILL. For
some reason, nobody has been able to explain to my satisfaction, shall does
not carry the force of law, it's sort of voluntary. WILL does carry the
force of law and compels compliance on the part of the government.
I left some doubt as to who will certify the elections, it is common knowledge
that the Director of Elections is the one who certifies each statewide election,
but the official who presents the certification is the one who actually
certifies, or accepts certification, of the election from the hired official
whose task it is to carry out the process of election. Not much of a loophole,
but big enough to slip through.
Last sentence in section 3 is fairly confusing. If I was serious about settling
a contest where the vote was too close to call I would have narrowly defined
the method involved of tossing a coin and the "odd man" out toss
of the coin method, so the Alaska Attorney General's office informed me.
If I re-wrote the petition for circulation again, which I have dabbled at
in the intervening years, I would probably change this option to a game
of chance or a game of skill agreed upon by the contestants for the subject
office, candidates having 2 calendar days to agree on the game in question.
Missed a big opportunity in section 5 to really level the playing field.
I should have added three more sentences stating: "Campaign finance
limits will be in effect throughout the "None of the Above" triggered
election cycle for the year the original election was held, regardless of
the year the "None of the Above" triggered election is held in.
No candidate may accept any finances from any entity that does not qualify
to cast a vote for said candidate."
I should have added the following section too: "6.) Any candidate breaking
any campaign laws will be charged with a class C felony, penalties will
be consistent with maximum penalties that can be assessed for any class
C felony. The judiciary will accommodate the right to a speedy trial for
individuals charged with violations set forth under the provisions of this
petition, trial will start 3 working days after charges have been filed
against a candidate. Any official found to be interfering with the right
to a fair and speedy trial will be charged as an accessory after the fact,
removed from office, and tried in within the same time constraints as the
original defendant. Persons convicted of violations under the terms of this
petition will be treated precisely as a majority of class C felons within
the State of Alaska, no preference or consideration will be given based
on any factor."
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