Former Alaska Attorney General Jahna Lindemuth argues on behalf of the Recall Dunleavy campaign Friday, Jan. 10, 2020 in Alaska Superior Court. The campaign alleges that the state improperly rejected one step of their recall effort. Judge Eric Aarseth ruled that an effort to recall Republican Gov. Mike Dunleavy may proceed, a decision that is expected to be appealed. The decision followed arguments in the case and came two months after Gail Fenumiai, director of the state Division of Elections, rejected a bid to advance the recall effort. (Loren Holmes/Anchorage Daily News via AP)

Former Alaska Attorney General Jahna Lindemuth argues on behalf of the Recall Dunleavy campaign Friday, Jan. 10, 2020 in Alaska Superior Court. The campaign alleges that the state improperly rejected one step of their recall effort. Judge Eric Aarseth ruled that an effort to recall Republican Gov. Mike Dunleavy may proceed, a decision that is expected to be appealed. The decision followed arguments in the case and came two months after Gail Fenumiai, director of the state Division of Elections, rejected a bid to advance the recall effort. (Loren Holmes/Anchorage Daily News via AP)

Judge allows effort to recall governor to proceed

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

  • By BECKY BOHRER Associated Press
  • Saturday, January 11, 2020 10:23pm
  • News

JUNEAU — An Alaska judge ruled Friday that an effort to recall Republican Gov. Mike Dunleavy may proceed, a decision that is expected to be appealed.

The decision from the bench by Superior Court Judge Eric Aarseth in Anchorage followed arguments in the case and came two months after Gail Fenumiai, director of the state Division of Elections, rejected a bid to advance the recall effort. Fenumiai has said her decision was based on an opinion from Attorney General Kevin Clarkson that found the reasons listed for recall were “factually and legally deficient.” The Recall Dunleavy group has argued that Clarkson’s analysis was overreaching and the recall effort should be allowed to move to a second signature-gathering phase. The state Department of Law has said the group’s claims lack specificity or fail to explain how the alleged conduct resulted in consequences justifying recall.

“This is not a mere policy disagreement, and the recall sponsors have alleged serious violations of the law” and constitutional issues, said Jahna Lindemuth, an attorney for the recall group who was an attorney general under Dunleavy’s predecessor, independent Bill Walker. She earlier argued that a showing of harm is not required.

Grounds for recall in Alaska are lack of fitness, incompetence, neglect of duties or corruption. The recall group is not alleging corruption.

Margaret Paton-Walsh, an attorney for the state, said the court has to give meaning to terms such as neglect, incompetence and unfitness, and “if you interpret them in this sort of extraordinarily broad way that the committee does, those terms essentially lose their meaning. Neglect becomes any sort of omission or failure to act. Incompetence becomes any mistake that you might make. Unfitness becomes doing something that the committee doesn’t like.

“And I think that, in order to maintain a meaningful for-cause recall, those terms have to be given real substance,” she continued.

Aarseth said it’s important to understand that the recall process is “fundamentally a political process. This is not an issue for the judicial branch to decide whether the governor should stay in office or not, or some other elected official. This is a question for the voters, and the constitution makes that very clear.” The constitution gives responsibility to the Legislature to create a process for recall, he said.

He said he believes he does not have discretion to create more stringent definitions than have been used by courts before and said lawmakers have not stepped in to suggest that definitions used previously have been too broad or too liberally applied.

A statement from Cori Mills, an assistant attorney general, said all sides have expected the case would go to the Alaska Supreme Court. The Department of Law stands by its analysis in the attorney general opinion, she said.

Friday’s ruling “essentially gives us a political recall with no threshold,” the statement says. “We look forward to arguing these issues on appeal and receiving the court’s direction.”

Dunleavy said some people want to remove him from office to keep him from implementing his agenda. He said Friday’s decision, if it stands, could have a “detrimental effect on governing and legislating going forward.”

While the case is appealed to the state Supreme Court, he plans to appeal to Alaskans. “We have to view this as the beginning of a campaign again,” Dunleavy told The Associated Press.

The recall group, among its claims, said Dunleavy, who took office in late 2018, 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.” Aarseth struck an allegation that said Dunleavy improperly used his veto authority to “preclude the legislature from upholding its constitutional Health, Education and Welfare responsibilities.” The judge said while it may be difficult to achieve a veto override, the Legislature has that option.

He said petitions should be issued no later than Feb. 10, unless that date is stayed by the Alaska Supreme Court. If allowed to go forward, the recall group will need to gather at least 71,252 signatures. Claire Pywell, who manages the recall group, said while celebrating the decision, “we also recognize that the real work begins, and we’ve been headed in the right direction the whole time.”

She called the ruling “a critical step in allowing the citizens of Alaska to exercise their constitutional right to recall.” She said the group would move as quickly as possible in collecting signatures. According to the National Conference of State Legislatures, just three efforts to recall governors nationally have gathered enough signatures to prompt recall elections. In 2012, then-Wisconsin Gov. Scott Walker survived such an election.


• By Becky Bohrer, Associated Press


More in News

The Kenai Peninsula College main entrance on Aug. 18, 2022, in Soldotna, Alaska. (Jake Dye/Peninsula Clarion)
Chiappone and Dunstan to speak at the KPC Showcase

Kenai Peninsula College continues its showcase with two new speakers this week and next

U.S. Rep. Mary Peltola, D-Alaska, talks about issues of concern regarding the proposed merger of supermarket chains Kroger and Albertsons during a floor speech in the House chamber on Wednesday. (Screenshot from official U.S. House of Representatives video feed)
Begich leads in early results, but Alaska’s U.S. House race won’t be immediately decided

About 245,000 ballots had been counted by 11:32 p.m., and Peltola trailed by about 5 percentage points

The Alaska governor’s mansion on Wednesday. Gov. Mike Dunleavy is considered a contender for a post in Donald Trump’s second presidential administration. (Mark Sabbatini / Juneau Empire)
Election summary: Trump wins, GOP takes over U.S. Senate, Alaska may get new governor

Begich and repeal of ranked choice voting narrowly lead; GOP may lose control of state House.

Nesbett Courthouse in downtown Anchorage on Oct. 7, 2024. (Yereth Rosen/Alaska Beacon)
Voters line up at the polling site at Anchorage City Hall on Nov. 4, 2024. City Hall was one of the designated early voting sites in Alaska’s largest city. It is not a designated site for Election Day voting. (Yereth Rosen/Alaska Beacon)
Alaska Republicans lose two seats in state House, increasing odds of leadership switch

Rural Alaska precincts had reported few results by 11:30 p.m. Tuesday night.

Donald Trump won or was leading as of Wednesday morning in all seven swing states in the 2024 presidential election. (Doug Mills / The New York Times)
Donald Trump returns to power, ushering in new era of uncertainty

He played on fears of immigrants and economic worries to defeat Vice President Kamala Harris.

A voter is handed as ballot at Woodworth School in Dearborn, Mich., on Tuesday, Nov. 5, 2024. One of the most consequential presidential elections in the nation’s modern history is well underway, as voters flocked to churches, schools and community centers to shape the future of American democracy. (Nick Hagen/The New York Times)
Trump verges on victory, picking up Pennsylvania

Donald Trump has captured Pennsylvania, the biggest prize of the seven battleground… Continue reading

Signs and supporters line the Kenai Spur Highway in Kenai, Alaska, on Tuesday, Nov. 5, 2024. (Jake Dye/Peninsula Clarion)
Update: Unofficial results for the 2024 general election

Preliminary, unofficial election results as of 9:55 p.m.

Poll worker Carol Louthan helps voters submit ballots at the Soldotna Regional Sports Complex in Soldotna, Alaska, on Tuesday, Nov. 5, 2024. (Jake Dye/Peninsula Clarion)
Update: Bjorkman, Ruffridge, Elam and Vance lead in election night results

Several residents said that they came out to vote because they knew this election was “a big one.”

Most Read