Recall Dunleavy group files motion to expedite; state says no need

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ANCHORAGE (KTUU) - The Recall Dunleavy campaign filed an emergency motion to try to speed up the hearing of its complaint over its recall initiative that was rejected yesterday by the Division of Elections.

In the motion, the group writes that "unlike every other elections matter that has been litigated, including recent initiative cases, the Attorney General's office indicated they see no reason to expedite the case" and point to the recent case of an elections reform initiative.

The Department of Law returned a short comment through on Wednesday morning, writing that "The Department of Law’s position is that there is no basis for expediting this case."

The Department of Law also disputed the claim that all elections cases are expedited.

"The sponsors’ claim that recall cases are always expedited is wrong. We will respond to these arguments in court," it wrote.

Recall Dunleavy attorney Jahna Lindemuth argued that there is substantial public interest involved in resolving this issue promptly: the petition could have gathered the required number of signatures by the end of the year, if the petition had been approved by Nov. 4.

"Alaskans could then have a different governor address the legislature's budget and other laws proposed during this upcoming session. This is still possible with an expedited schedule."

They also say that an appeal to the Alaska Supreme Court is expected regardless of the superior court's decision, so it makes sense to get the ball rolling.

Lindemuth requests a scheduling hearing to address the briefing and decision schedule by this Friday that would lead to oral argument for the week of Dec. 2.

This story has been updated to include a comment from the Department of Law.

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