3 AAC 110.630 - Effective date and certification
(a) Except as
provided in (b) or (c) of this section, a final decision of the commission is
effective when
(1) notification of compliance
with 42 U.S.C.
1973 c (Voting Rights Act of 1965) is
received from the United States Department of Justice;
(2) certification of the legally required
voter approval of the commission's final decision is received from the director
of elections or the appropriate municipal official; and
(3) 45 days have passed since presentation of
the commission's final decision on a legislative review petition was made to
the legislature and the legislature has not disapproved the decision.
(b) The effective date of a merger
or consolidation is the date set by the director of elections for the election
of officials of the remaining or new municipality, if the provisions of (a) of
this section have also been satisfied.
(c) The commission may defer the effective
date of a city reclassification under AS 29.04, municipal incorporation under
the Constitution of the State of Alaska or AS 29.05, or municipal annexation,
detachment, deunification, merger, consolidation, or dissolution under AS 29.06
for a period of no more than two years.
(d) When the requirements in (a) of this
section have been met, the department shall issue a certificate describing the
effective change. The department shall hand-deliver or mail, postage prepaid, a
copy of the certificate to the municipality that has been changed and shall
file a copy of the certificate in each recording district of all territory
within the municipality that has been changed.
(e) If a minor error is found in the
certificate issued under (d) of this section, the person discovering the error
shall notify the department and the commission. If the commission determines
that the error resulted from an oversight during the petition proceeding or the
issuance of the certificate, the commission will direct the department to issue
a corrected certificate. The commission will not consider a request for a
corrected certificate to include area or territory not proposed in the boundary
change proceeding for which the certificate was issued.
Notes
Authority: Art. X, sec. 12,
AS 29.04.040
AS 29.05.120
AS 29.06.040
AS 29.06.140
AS 29.06.510
AS 44.33.020
AS 44.33.812
AS 44.33.828
Ak Const.
Art. X, sec. 14,
Ak Const.
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