By SHANNON HAUGLAND
Sentinel Staff Writer
Local organizers in the effort to recall Gov. Mike Dunleavy say they were not surprised by Monday’s decision by the state elections director to deny the application to begin collecting signatures in the second phase of the recall process.
They also plan on continuing their efforts.
“It’s absolutely unsurprising,” said Stephen Courtright, one of the local organizers in Recall Dunleavy. “It was pretty much expected that the attorney general would do this in an attempt to stall the process. ... Strategically it was the only reasonable thing, to throw a roadblock in the path, even though I’m confident we’ll surmount that.”
“We were anticipating this,” agreed Beth Short-Rhoads, another recall organizer in Sitka.
Attorney General Kevin Clarkson on Monday issued a 25-page opinion, addressed to Division of Elections Director Gail Fenumiai, that recommended declining the application for the recall of Dunleavy, saying he believed that the “statement of grounds is neither factually nor legally sufficient ... “
Fenumiai denied the application, saying the attorney general found the grounds for the recall were legally insufficient.
Clarkson also stated that if Fenumiai declines the application, the recall committee should be advised it has the right to seek judicial review within 30 days.
Courtright said this is the route that the Recall Dunleavy will take, and ultimately the campaign will be allowed to go out for the next phase of signature gathering to get a recall question on a ballot.
Attorneys for the statewide Recall Dunleavy campaign filed a complaint in Anchorage Superior Court today, appealing Fenumiai’s rejection of the recall application.
Courtright said the reasons for the recall cited in the petition application are valid.
The reasons cited include Dunleavy’s failure to appoint a judge under a schedule required by state law; he used money and resources to “make partisan statements about political opponents and supporters”; committed mistakes with a budget veto and violated the state constitution’s separation of powers with line-item vetoes.
“We’re very confident the courts will support that,” Courtright said. “Everything I’ve heard is that the courts will support our understanding.”
Another Sitka organizer had similar comments.
“Our local group was not surprised by the decision because the ruling by the Division of Election Director was based on the legal opinion of a Dunleavy appointee,” said Susan Litman in an email. “We are positive the court system will be more objective than a Dunleavy appointee and the recall application will be approved in the courts.”
Local recall supporters are planning a fundraiser Nov. 16 for legal fees. They said they were not discouraged by the attorney general’s and Fenumiai’s decisions although it will add to costs.
“We will continue our local efforts to support the recall, the way Alaskans are doing across the state,” Short-Rhoads said. “As long as our lawyers believe it’s a solid case for a recall we will keep working.”
“This ruling makes the fundraiser all that more important and urgent,” Litman said.
Supporters gathered 49,006 signatures in the first phase of the recall process, well above the minimum 28,501 required, and have expressed confidence that they can gather the 71,252 needed for the final phase to put the recall on the ballot, once they get a court judgment in their favor.
Those with questions about the local effort may call Short-Rhoads at 738-9942 or Litman at 738-3671.
