Anchorage Rep. Lindsey Holmes' decision to switch from the Democratic to Republican Party immediately following her re-election last year isn't enough to merit a recall, the Division of Elections ruled Friday.
Recall proponents say they'll appeal.
The division, overseen by Lt. Gov. Mead Treadwell, found that the effort to recall Holmes didn't meet state constitutional standards for recall, according to Gail Fenumiai, the division's director.
Fenumiai said the recall met the standard for valid signatures by registered voters, turning in 904, more than the 808 necessary. But she said the Department of Law recommended rejection of the recall application.
"We recommend the application be denied because Representative Holmes' conduct in changing political parties is lawful and constitutionally protected," wrote Assistant Attorney General Elizabeth Bakalar in a legal opinion on which Fenumiai relied.
Tough standard for recalls
Alaska has a tough standard for recalls, with the state constitution specifying only four reasons for which can be held. The standard is so stringent that no elected state official, such as a governor, lieutenant governor or legislator, has ever been recalled.
"You are naive to think this is an apolitical process when the lieutenant governor is the chief officer of the department you are applying to," said Wiggi Tozzi, a supporter of the recall effort.
Tozzi acknowledged that Republican lieutenant governors had also rejected recall efforts brought by Republicans in the past, as well as approving one against a Republican officeholder. In that case, the legislator resigned rather than face recall.
Fenumiai said she made the decision and that she agrees with the Department of Law assessment that the stated ground for recall does not meet the legal standard.
Given the difficulty of recalls in Alaska, Tozzi said he was not surprised by the rejection. He's already planning an appeal to the Superior Court, which must be filed in 30 days.
"We've been mentally preparing for it from the beginning ... but there's not that much you can do until you actually see the opinion," Tozzi said Friday.
No choice on Election Day
Tozzi said the recall campaign hopes to persuade a judge that the recall did present claims about Holmes' fitness for office, one of the four legitimate recall reasons in the Constitution.
"The opinion doesn't address at all what the real issue is, the real issue being that when you declare yourself a candidate for election, that declaration of political party and affiliation defines a path through the electoral process," he said.
Holmes' party switch -- after election but before being sworn in -- meant that Democratic voters were not able to chose from any Democrats, while Republican voters weren't able to chose between Republican candidates in their primary, he said.
Tozzi said his group will try to file its appeal as quickly as possible and will seek an expedited review in Superior Court.
Holmes was traveling Friday and unavailable for comment, according to her legislative office.
Contact Pat Forgey at pat(at)alaskadispatch.com.