Recall Dunleavy group sues over rejected application

Recall Dunleavy volunteers Frankie Urquhart, left, Jessie Chapman and Pat Chapman gather signatures on Aug. 1 in downtown Ketchikan for a petition to remove Gov. Mike Dunleavy from office. (Photo by Elizabeth Gabriel/KRBD)

The group seeking to recall Gov. Mike Dunleavy has sued over the rejection of its recall application.

Recall Dunleavy filed the lawsuit in Anchorage Superior Court on Tuesday against the state Division of Elections and its director, Gail Fenumiai.

Related:Top Alaska election official rejects Dunleavy recall

Fenumiai relied on the advice of Attorney General Kevin Clarkson, who rejected each of the four grounds for recall listed on the application.

Recall Dunleavy lawyer Scott Kendall said in a statement that Clarkson’s position was expected.

“After all, he was one of Governor Dunleavy’s chief advisors as he took the radical and unacceptable actions that gave rise to the recall,” Kendall said. “Rather than provide the Division of Elections with independent counsel as he should, Clarkson took it on himself to essentially grade his own homework. It should come as no surprise he gave himself a passing grade.”

The lawsuit said Fenumiai “unlawfully denied Recall Dunleavy and the citizens of Alaska the opportunity to exercise their constitutional and statutory right to recall public officials by refusing to certify the recall application” on Monday.

A Department of Law spokesperson said the department represents the Division of Elections and will review and respond in a timely fashion to the recall lawsuit.