Kodiak Island Borough v. Mahoney

OPINION

FABE, Chief Justice.

I. INTRODUCTION

Edward Mahoney, a Kodiak Island Borough resident who proposed a municipal term limits ballot initiative, sought declaratory relief against the municipal clerk who refused to certify the initiative. This appeal raises the questions whether a municipal clerk may refuse to certify a proposed initiative on constitutional grounds and whether that clerk may refuse to make technical corrections to a proposed initiative that is technically flawed. We conclude that a clerk should certify an initiative even if it contains a proposal that raises constitutional…