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State Court Rules Recall Can Go On

Posted

By BECKY BOHRER
 
The Associated Press

JUNEAU (AP) — The Alaska Supreme Court ruled Friday that an effort to recall Gov. Mike Dunleavy can proceed.

The order, which was brief, affirmed a prior decision by a Superior Court judge. A full opinion is expected later. Justice Craig Stowers dissented with part of the decision.

The Supreme Court previously allowed the Recall Dunleavy campaign to proceed with a second, signature-gathering phase while it heard the case.

The state’s elections director in November rejected the recall application, citing an attorney general opinion that found the reasons listed for recall were “factually and legally deficient.” Superior Court Judge Eric Aarseth later ruled all but one allegation against Dunleavy could proceed. State attorneys represented the elections office in the case and appealed Aarseth’s decision.

Dunleavy, a Republican who took office in December 2018, has argued the recall effort is political. His proposed budget cuts and vetoes last year prompted a public outcry that helped fuel the recall campaign.

Grounds for recall in Alaska are lack of fitness, incompetence, neglect of duties or corruption. 

The recall campaign said the governor violated the law by not appointing a judge within a required time frame, misused state funds for partisan online ads and mailers and improperly used his veto authority to “attack the judiciary.”

The group also said Dunleavy mistakenly vetoed more funds than he told lawmakers he intended to cut and that the action could have cost the state Medicaid funds if not corrected. 

Recall backers must gather 71,252 signatures in a bid to force a recall election. Amid concerns with the coronavirus, the campaign has allowed Alaskans to request booklets they can sign at home.