Superior Court Judge Eric Aarseth reversed an earlier decision by the state’s Division of Elections to reject the recall. Dunleavy has come under heavy criticism since being elected to the office in 2018.
“This court declines to restrict the voter’s right to affirmatively step into, admonish and disapprove of an elected official’s conduct in office, as they have a right to do,” said Aarseth in the ruling.
Opponents have blasted the Republican governor for what they say are improper funding cuts to education and health programs. Dunleavy is also alleged to have illegally used state money on “partisan political mailers,” according to Recall Dunleavy, the group leading the recall effort.
“Today we stood our ground to defend Alaskans’ right to Recall Dunleavy, marking a critical step in advancing this historic, bipartisan movement,” said Recall Dunleavy’s Meda DeWitt in a news release. “This governor has acted illegally and made unconscionable decisions; we are working towards a stronger future for all Alaskans.”
Dunleavy denies the allegations and believes that the recall effort is an unfair partisan maneuver, likening it to his view of the impeachment of President Donald Trump. He said Friday’s ruling represents a lowered standard that could lead to recalls being put to public vote for “any reason.”
“If this is to stand, what happens now is there’s really no standard, no hurdle to be recalled. This becomes a political recall, and you can be recalled for any reason at all,” Dunleavy told reporters after the ruling, according to Alaska Public Media.
Lawyers for Dunleavy argued largely on technical grounds, claiming that the recall campaign had not adequately listed “particular” reasons to hold a special election in a 200-word statement as required by state law.
Aarseth disagreed, finding that three of the four reasons were legally acceptable, without ruling on their truth. Only one valid reason is required to launch a recall. He also stated that the effort could go ahead because recalling a politician is a political matter for voters to decide, as opposed to the courts.
“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,” said Aarseth. “This is a question for the voters, and the Constitution makes that very clear.”
The state’s Division of Elections was ordered to distribute signature booklets by February 10. The decision is expected to be appealed in Alaska Supreme Court. If the decision ultimately stands, the recall campaign would need to gather 71,252 signatures from registered voters in order to trigger the special election.
