In the Supreme Court of the State of Alaska
State of Alaska, Division of Elections
and Director Gail Fenumiai,
Appellants,

Supreme Court No. S-17706

Order
Disposition of Appeal

v.

Date of Order: 5/8/2020
Recall Dunleavy,
Appellee.
Trial Court Case No. 3AN-19-10903CI
Before:

Winfree, Stowers, Maassen, and Carney, Justices, and
Eastaugh, Senior Justice.* [Bolger, Chief Justice, not
participating]
Stowers, Justice, dissenting in part.

Before the court is an appeal filed by the State of Alaska, Division of
Elections, and Gail Fenumiai, Director of the Division of Elections, from the superior
court’s order dated January 14, 2020, that granted in part and denied in part the parties’
cross-motions for summary judgment. Specifically, the superior court granted summary
judgment to Recall Dunleavy on its grounds for recall numbered 1, 2, 3(a), and 4 but
granted summary judgment to the State on the ground for recall numbered 3(b), striking
that ground from Recall Dunleavy’s recall application. This court conducted oral
argument on March 25, 2020. Having considered the parties’ arguments, the superior
court record, and the parties’ briefs, including their supplemental briefs responding to the
court’s written questions,

*

Sitting by assignment made under article IV, section 11 of the Alaska
Constitution and Alaska Administrative Rule 23(a).

 State Division of Elections v. Recall Dunleavy
Supreme Court No. S-17706
Order of 5/8/2020
Page 2
IT IS ORDERED that the conclusions of the superior court’s January 14,
2020 order that are challenged in this appeal are AFFIRMED. A full opinion explaining
this order will follow.

Clerk of the Appellate Courts
/s/ M. Montgomery
________________________________
Meredith Montgomery

STOWERS, Justice, dissenting in part.
I disagree with the Order’s affirmance of the superior court’s decision
regarding grounds for recall numbered 3(a) (separation of powers) and 4 (mistaken veto),
and I therefore dissent in part.

cc:

Supreme Court Justices
Trial Court
Court System Communications

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