Bill Roth | Anchorage Daily News                                Protesters unfurl a banner as Gov. Mike Dunleavy speaks during a roadshow with Americans for Prosperity in 49th State Brewing Company in Anchorage on March 26.

Bill Roth | Anchorage Daily News Protesters unfurl a banner as Gov. Mike Dunleavy speaks during a roadshow with Americans for Prosperity in 49th State Brewing Company in Anchorage on March 26.

Dunleavy recall opponents plan to drop court fight

Opponents will attempt to sway the possible recall election.

  • By Becky Bohrer Associated Press
  • Wednesday, February 19, 2020 1:35pm
  • NewsState News

The group opposing an effort to recall Gov. Mike Dunleavy said Tuesday it plans to drop its court fight and instead gear up for a possible recall election.

Stand Tall With Mike, in a statement, said it told its attorneys to withdraw its appeal before the Alaska Supreme Court, saying recent court actions indicate “further participation in the legal process would not be a productive use of its resources.”

“Stand Tall with Mike will place its trust in the voters, not unelected judges, to protect the integrity of our elections, now and into the future,” the group said.

The court last week allowed for pro-recall group Recall Dunleavy to begin a new signature-gathering phase while the case is on appeal. The state, on behalf of the Division of Elections, had joined with Stand Tall With Mike in appealing a lower court ruling that found the recall should be allowed to proceed.

The state’s appeal will continue, Department of Law spokeswoman Cori Mills said by email. The state maintains an opinion by Attorney General Kevin Clarkson and a decision by the Division of Elections based on that analysis were correct and that the issues need to be addressed by the Alaska Supreme Court, Mills said.

Anger over budget cuts Dunleavy proposed last year helped fuel the recall effort,which gathered more signatures than required as part of an application that was rejected by the division.

Division director Gail Fenumiai has said her decision to deny the application was based on a legal review from Clarkson that concluded the stated grounds for recall were “factually and legally deficient.” Clarkson is a Dunleavy appointee who was confirmed by lawmakers.

Dunleavy, a Republican who took office in late 2018, has called this a political recall. He told Alaska Public Media’s “Talk of Alaska” Tuesday that recall opponents hoped the court would look at whether various standards had been breached.

“It doesn’t appear that that’s going to happen and so we have to gear up for a campaign so that the people of Alaska can weigh in and decide whether they believe … this governor should stay in office,” he said.

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

Recall Dunleavy, among its claims, 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 recall group must gather 71,252 signatures in seeking to force a recall election.

Stand Tall With Mike called Chief Justice Joel Bolger a “material witness” in the case and raised concerns with him hearing the matter. Bolger met with Dunleavy last year after the governor refused to make a judicial appointment. Dunleavy has said the meeting provided “important clarification” on the nominations process that he was seeking when he delayed the appointment.

Brewster Jamieson, an attorney for Stand Tall With Mike, in a statement said the group considers the recall “seriously flawed.”

“If it is allowed to go forward, this means that Alaska has a purely political recall system, which is contrary to the Alaska constitution,” he said. “Those issues are still before the court, but in the meantime, with signature gathering underway, my client determined that it would no longer devote resources to legal proceedings.”

• This is an Associated Press report by Becky Bohrer.

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