OPINION
RABINOWITZ, Justice.
In this appeal we are called upon to answer important questions pertaining to the [78]*78political rights of the citizens of Alaska. More particularly, this court must determine whether the expression of the will of the electorate was frustrated as a result of noncompliance with Alaska’s constitutional provisions specifying the manner in which the question of whether there shall be' a constitutional convention is to be placed before the voters. We uphold the superior court’s decision that the executive officer charged wtih the legal obligation of preparing the November 1970 referendum ballot so far departed from the constitutionally prescribed form of ballot that the electorate’s right to' vote on the question was impermissibly infringed.
Article I, section 2, of the Alaska Constitution provides that all political power originates with the people and is “founded upon their will only.” Article V, section 1, guarantees that “every citizen of the United States who is at least eighteen years of age .... may vote in any state or local election.” Thus, it is basic to our democratic society that the people be afforded the opportunity of expressing their will on the multitudinous issues which confront them. In this regard, article XIII, section 3, of the Constitution of Alaska, provides in part that:
If during any ten-year period a constitutional convention has not been held, the lieutenant governor shall place on the ballot for the next general election the question: ‘Shall there be a Constitutional Convention?’
In implementation of this provision the legislature provided in AS 15.15.030(9) that:
The general or special election ballot shall be designed with the question of whether a constitutional convention shall be called placed on the ballot in the following manner: ‘Shall there be a constitutional convention?’ Provision shall be made for marking the question ‘Yes’ or ‘No.’
Despite the explicit requirement of article XIII, section 3, as to the language of the question, and specification of the form of the ballet provided for in AS 15.15.-030(9), for some unexplained reason the ballot pertaining to the constitutional convention referendum proposition was worded to read and appeared on the November 3, 1970, ballot as follows:
REFERENDUM
As required by the Constitution of the State of Alaska Art. XIII, Section 3 Shall there' be a constitutional convention ?
YES □
NO □
At the general election held on November 3, 1970, the proposition set out above received an affirmative vote of 34,911 to 34,472. Thereafter, appellees brought suit to enjoin the calling of the constitutional convention and to require that the proposition be put to the electorate at the' next general election without the prefatory language “As required by the Constitution of the State of Alaska, Art. XIII, Section 3.” The basis of the appellees’ complaint was that the prefatory language introduced a bias in the election because the prefatory phrase suggested that what was required by article XIII, section 3, of the constitution was the convention rather than the referendum.
In Count I of their complaint appellees asserted that the unauthorized prefatory language “constituted malconduct . . . and further perpetrated a constructive fraud upon the electorate . . . within the meaning of AS 15.20.540.”1 In the [79]*79second count of this complaint, appellees asserted that the election was null and void in that appellant failed to comply with the requirements of Alaska’s constitutional provision specifying the language to he employed in putting before the electorate the question of whether or not a constitutional convention should be held.
After trial to the superior court, the court held that the prefatory language contained in the ballot of November 1970 was unauthorized, had' “biased the vote” and “affected the result.” Paralleling the alternative theories of the complaint, the trial court further held that “[t]he wording of the proposition was misconduct and constituted fraud” within the meaning of AS 15.20.540, and that the constitutional convention referendum proposition, worded as required by article XIII, section 3, of the Alaska Constitution, had not been presented to the voters on the ballot of November 1970. Judgment was then entered enjoining appellant from calling a constitutional convention .and requiring that the question “Shall there be a Constitutional Convention ?” be placed on the ballot for the next general election.
Basic to the legal system in the United States of America is the doctrine that the federal constitution and the constitutions of the states of the union embody expressions of fundamental law which are reflective of the powers delegated by the people to their various governments and of rights deemed essential to a functioning democratic society. Early in this country’s jurisprudence it was established that we are a government of laws, not of men, and that the task of expounding upon fundamental constitutional law and its application to disputes between various segments of government and society rests with the judicial branch of government.2 Thus, in the case now before this court we must determine whether the wording of the referendum ballot of November 1970 complied with the fundamental law expressed in article XIII, section 3, of the Alaska Constitution.
Under the provisions of Alaska’s Election Code, our legislature has authorized election contests, placed jurisdiction over such contests in the superior court, and has specified the content of the judgments which are to be entered.3 These provisions of Alaska’s Election Code are not atypical, rather they reflect the role American courts have played in the resolution of election contest issues. Numerous judicial decisions can be found where courts have determined whether ballot language was confusing.4 Representative of these decisions is Armstrong v. Fiscal Court, 162 Ky. 564, 172 S.W. 972 (1915), where the court was presented with a bonding proposition that stated both the affirmative and the negative in one sentence. In that case the court observed:
The purpose of holding elections is to ascertain the public will, and it is too plain for argument that in such cases that will cannot be told from the ballots, and neither the courts nor the election authorities are authorized to arbitrarily assume that the voters meant something which cannot fairly be ascertained from the ballots themselves. 172 S.W. at 973.
Closer to the questions presented in the case at bar is City of Newport v. Gugel, 342 S.W.2d 517 (Ky.1960). At issue was an initiative which set minimum salaries and established working conditions for municipal firemen and policemen. During the preparation of the initiative ballot, an executive officer, acting on his own, added the title “Fair Pay Petition” to the'initia[80]*80tive ballot. In setting aside the initiative election, the Gugel court said:
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OPINION
RABINOWITZ, Justice.
In this appeal we are called upon to answer important questions pertaining to the [78]*78political rights of the citizens of Alaska. More particularly, this court must determine whether the expression of the will of the electorate was frustrated as a result of noncompliance with Alaska’s constitutional provisions specifying the manner in which the question of whether there shall be' a constitutional convention is to be placed before the voters. We uphold the superior court’s decision that the executive officer charged wtih the legal obligation of preparing the November 1970 referendum ballot so far departed from the constitutionally prescribed form of ballot that the electorate’s right to' vote on the question was impermissibly infringed.
Article I, section 2, of the Alaska Constitution provides that all political power originates with the people and is “founded upon their will only.” Article V, section 1, guarantees that “every citizen of the United States who is at least eighteen years of age .... may vote in any state or local election.” Thus, it is basic to our democratic society that the people be afforded the opportunity of expressing their will on the multitudinous issues which confront them. In this regard, article XIII, section 3, of the Constitution of Alaska, provides in part that:
If during any ten-year period a constitutional convention has not been held, the lieutenant governor shall place on the ballot for the next general election the question: ‘Shall there be a Constitutional Convention?’
In implementation of this provision the legislature provided in AS 15.15.030(9) that:
The general or special election ballot shall be designed with the question of whether a constitutional convention shall be called placed on the ballot in the following manner: ‘Shall there be a constitutional convention?’ Provision shall be made for marking the question ‘Yes’ or ‘No.’
Despite the explicit requirement of article XIII, section 3, as to the language of the question, and specification of the form of the ballet provided for in AS 15.15.-030(9), for some unexplained reason the ballot pertaining to the constitutional convention referendum proposition was worded to read and appeared on the November 3, 1970, ballot as follows:
REFERENDUM
As required by the Constitution of the State of Alaska Art. XIII, Section 3 Shall there' be a constitutional convention ?
YES □
NO □
At the general election held on November 3, 1970, the proposition set out above received an affirmative vote of 34,911 to 34,472. Thereafter, appellees brought suit to enjoin the calling of the constitutional convention and to require that the proposition be put to the electorate at the' next general election without the prefatory language “As required by the Constitution of the State of Alaska, Art. XIII, Section 3.” The basis of the appellees’ complaint was that the prefatory language introduced a bias in the election because the prefatory phrase suggested that what was required by article XIII, section 3, of the constitution was the convention rather than the referendum.
In Count I of their complaint appellees asserted that the unauthorized prefatory language “constituted malconduct . . . and further perpetrated a constructive fraud upon the electorate . . . within the meaning of AS 15.20.540.”1 In the [79]*79second count of this complaint, appellees asserted that the election was null and void in that appellant failed to comply with the requirements of Alaska’s constitutional provision specifying the language to he employed in putting before the electorate the question of whether or not a constitutional convention should be held.
After trial to the superior court, the court held that the prefatory language contained in the ballot of November 1970 was unauthorized, had' “biased the vote” and “affected the result.” Paralleling the alternative theories of the complaint, the trial court further held that “[t]he wording of the proposition was misconduct and constituted fraud” within the meaning of AS 15.20.540, and that the constitutional convention referendum proposition, worded as required by article XIII, section 3, of the Alaska Constitution, had not been presented to the voters on the ballot of November 1970. Judgment was then entered enjoining appellant from calling a constitutional convention .and requiring that the question “Shall there be a Constitutional Convention ?” be placed on the ballot for the next general election.
Basic to the legal system in the United States of America is the doctrine that the federal constitution and the constitutions of the states of the union embody expressions of fundamental law which are reflective of the powers delegated by the people to their various governments and of rights deemed essential to a functioning democratic society. Early in this country’s jurisprudence it was established that we are a government of laws, not of men, and that the task of expounding upon fundamental constitutional law and its application to disputes between various segments of government and society rests with the judicial branch of government.2 Thus, in the case now before this court we must determine whether the wording of the referendum ballot of November 1970 complied with the fundamental law expressed in article XIII, section 3, of the Alaska Constitution.
Under the provisions of Alaska’s Election Code, our legislature has authorized election contests, placed jurisdiction over such contests in the superior court, and has specified the content of the judgments which are to be entered.3 These provisions of Alaska’s Election Code are not atypical, rather they reflect the role American courts have played in the resolution of election contest issues. Numerous judicial decisions can be found where courts have determined whether ballot language was confusing.4 Representative of these decisions is Armstrong v. Fiscal Court, 162 Ky. 564, 172 S.W. 972 (1915), where the court was presented with a bonding proposition that stated both the affirmative and the negative in one sentence. In that case the court observed:
The purpose of holding elections is to ascertain the public will, and it is too plain for argument that in such cases that will cannot be told from the ballots, and neither the courts nor the election authorities are authorized to arbitrarily assume that the voters meant something which cannot fairly be ascertained from the ballots themselves. 172 S.W. at 973.
Closer to the questions presented in the case at bar is City of Newport v. Gugel, 342 S.W.2d 517 (Ky.1960). At issue was an initiative which set minimum salaries and established working conditions for municipal firemen and policemen. During the preparation of the initiative ballot, an executive officer, acting on his own, added the title “Fair Pay Petition” to the'initia[80]*80tive ballot. In setting aside the initiative election, the Gugel court said:
While the words ‘Fair Pay Petition’ are mild and not calculated to arouse violent prejudices, nevertheless it is plain that they were put on the ballot and voting machine labels for propaganda purposes and with the thought that they would in fact influence some of the .voters. We are in no position to say that the words did not accomplish the desired purpose. We have twice held that such devices are unauthorized, and we do not conceive that the courts should be required to speculate as to whether an unfair election resulted from such a plain violation of the statute.
. It is our opinion that the use of the words ‘Fair Pay Petition’ on the ballots and voting machine labels was such an impropriety as to invalidate the election. 342 S.W.2d at 519.
Thus it can be seen that in election contests the overriding concern of the courts has been to ascertain whether the alleged impropriety in fact establishes doubt as to the validity of the election result.
The determinative standard to be applied in judging any election contests in Alaska has been established by our legislature in AS 15.20.540(1).5 In the case at bar, in order for appellees to have successfully contested the vote on the constitutional referendum question, they had the burden of proving
malconduct ... on the part of an election official sufficient to change the result of the election.
This statutory- standard parallels the “directory” view that statutes prescribing election procedures and ballot forms are directory and that they therefore establish a desirable rather than a mandatory norm. Under the “mandatory” view, any deviation from the statutorily prescribed form of ballot results in a void election.6
Thus, in the case at bar, it was incumbent upon the appellees to show more than a lack of total and exact compliance with the constitutionally and statutorily prescribed form of ballot. Here appellees had the dual burden of showing a significant deviation from the prescribed form and that such departure was of a magnitude sufficient to change the result of the referendum election.
At trial appellees presented an expert witness who testified that in his opinion the prefatory phrase had introduced a “significant bias” into the vote on the constitutional convention proposition, and that this “bias [was directed] toward an affirmative vote.” Appellees also introduced into evidence the results of a survey conducted by this expert witness as proof that the prefatory language had injected a bias towards [81]*81an affirmative vote. Appellant countered with his own expert witness whose testimony consisted primarily of an exposition of alleged defects in the survey which had been conducted by appellees’ expert witness. However, on cross-examination appellant’s expert agreed that the survey did demonstrate a bias resulting from the language employed in the prefatory phrase.
Examination of the various provisions of the Alaska Constitution reveals that our Founding Fathers went to particular pains to prescribe the precise language which was to be employed in asking the electorate to decide whether a constitutional convention should be held. The wording required by article XIII, section 3, is unique in that it is the sole instance where the Founding Fathers believed it necessary to articulate the precise language which must be used in placing a particular proposition before the voters of Alaska. Study of Alaska’s 1955-56 Constitutional Convention Proceedings illuminates the purpose and intent of the Framers in adopting the particular language which subsequently became article XIII, section 3, of the Alaska Constitution.
A substantial portion of the debate surrounding the various sections of article XIII centered on the question of whether the legislature itself should be empowered to amend the constitution or whether this power should reside in the people.7 In resolving this issue, the Framers rejected a proposal which could have permitted amendment by action of two successive legislatures and in turn decided that the ultimate power of amendment should be located in the electorate.8 In addition, the Framers determined, in article XIII, section 2, that “[t]he legislature may call constitutional conventions at any time.” At the time article XIII, section 3, was considered by the delegates to the 1955-56 convention, a proposal was made to expand the language, “Shall there be a Constitutional Convention?” in order to inform the voters that if they approved the proposition they were in effect voting for a body which was empowered to completely revise the Alaska Constitution.9 After debate the Framers voted down the proposal to expand the propositional language and article XIII, section 3, was thereafter adopted in its present form.
It is against this background that we must determine whether the superior court correctly decided that the November 1970 ballot did not comply with the prerequisites of article XIII, section 3, of the Alaska Constitution, and that the wording used constituted misconduct sufficient to change the result of the election under the stand--ards of AS 15.20.540 of Alaska’s Election Code.
On the basis of our study of the record, we believe that a reading of the questioned ballot leads inescapably to the conclusion that the prefatory language was inherently misleading.10 The prefatory language suggests that the constitution requires that a constitutional convention 'be held, when in fact it requires only that a referendum be held on the question of whether there shall be a constitutional convention. The implication of the prefatory language is that a constitutional convention will be held as required by the Alaska Constitution unless the voters reject the holding of a convention. On the basis of the foregoing analysis of the prefatory language and the opinion evidence previously alluded to which was produced by appel-lees, we affirm the trial court’s findings of [82]*82fact and conclusions of law.11 More particularly, we hold that the trial court was correct in deciding that the inclusion, by the executive officer charged with the duty of preparing the ballot, of the prefatory language was malconduct within the in-tendment of AS 15.20.540(1). We further hold that the trial court was not erroneous in its holding that the unauthorized prefatory language had injected a bias into the election which was sufficient to change the result of the referendum.12
One issue remains. Appellant has challenged the propriety of the superior court’s ordering a new election. The argument is based on AS 15.20.560 of Alaska’s Election Code which provides in part that in an election contest:
The judge shall pronounce judgment on which candidate was elected or nominated and whether the question or proposition was accepted or rej ected.
Appellant contends that under AS 15.20.560 the judge is not given the discretion to order a new election, but may only declare whether the proposition was accepted or rejected. We disagree. The courts of Alaska have the duty to uphold the Constitution of Alaska. In the context of the litigation at bar, this duty required the trial court to ensure that the question required to be presented to the electorate by article XIII, section 3, of the Alaska Constitution, be presented in the form prescribed by that provision of our constitution. Since the trial court correctly concluded that the unauthorized prefatory language injected a bias into the election which was sufficient to change the result of the election, we think the trial court was justified in concluding that the question in the language prescribed by article XIII, section 3, as to whether there should be a constitutional convention had not been submitted to the electorate. In such circumstances, we find inapposite the requirement contained in AS 15.20.560 that the court in an election contest pronounce judgment on “whether the . . . proposition was accepted or rejected.” Since article XIII, section 3, requires that the matter be placed on the ballot once [83]*83every 10 years, the trial court, in order to fulfill its obligation to uphold the Constitution of Alaska, had the necessary power to fashion an appropriate remedy in order that the proposition be placed-on the ballot in the next general election.13
In upholding the superior court’s judgment, we give effect to the people’s right to vote on the question’ of whether there shall be a constitutional convention. Our affirmance of the superior court’s judgment is reflective of our constitutional mandate to see that this fundamental law is complied with and that our electorate have the opportunity to exercise their franchise as guaranteed under the Constitution of Alaska. We have no authority to interfere with the lawfully expressed will of the people. On the other hand, where the executive officer charged with the legal duty of preparing the referendum ballot in accordance with the requirement of article XIII, section 3, so far departs from the constitutionally prescribed form of ballot that the free expression of popular will was frustrated, we would be in default of our judicial office if we did not ensure that Alaska’s electorate are given the opportunity to express their will in response to a ballot that is drawn in conformity with the intent of the Framers' of the Constitution of Alaska.
The judgment of the superior court is affirmed.