State of Alaska, Office of Lieutenant Governor, Division of Elections and Director Gail Fenumiai, in an official…

Summary

The court affirmed summary judgment requiring certification of four allegations in a recall application against the governor, holding that each allegation was legally sufficient and adequately particularized for presentation to voters. Applying a notice-pleading-like standard, the court accepted the allegations as true and concluded that each had a logical connection to lack of fitness, incompetence, or neglect of duties. The court also held that an improper use of the line-item veto to attack or pressure the judiciary could implicate separation of powers. The opinion contains a partial dissent arguing that the two line-item-veto allegations were insufficient.