Dunleavy says his administration was too late to join Texas elections suit

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Gov. Mike Dunleavy’s conservative base wants him to sign on as a “friend of the court” in the Texas Attorney General’s lawsuit against four states, which changed their voting rules in the middle of the election cycle.

But that ship has sailed. Dunleavy wrote on social media that his administration became aware of the invitation to join the election lawsuit on the evening prior to the deadline.

And there was just no time to give it serious consideration. His administration views such an action through a federalist lens, not wanting other states, such as New York, to turn around and meddle in Alaska’s sovereign elections.

“I, along with Attorney General Ed Sniffen and his staff, worked quickly to try to understand the merits and intended outcome of the case. Before we could make a decision, the short deadline to join the case had passed.

“As governor of Alaska, I have an obligation to thoroughly understand the facts at hand before committing to such a suit.

“I’ll be the first to admit that I was disappointed that we didn’t have enough time to thoroughly review the details. Had this not been the case, we may have come to a different decision.

“Regardless, I will be watching the suit carefully. Electoral integrity remains a cornerstone of our democracy, and every American should know that their vote matters,” he wrote.

In fact, Alaska has election problems of its own and may want to “stick to its knitting.”

A lawsuit against the Division of Elections by a group of citizens in District 27, is challenging the decision of the Alaska Supreme Court to order an injunction prohibiting the requirement of a witness signature on absentee ballots for the General Election, due to COVID-19. The election is all about election integrity, which the group says has been broken in Alaska.

Five Republican lawmakers have requested the governor join the Texas lawsuit in some capacity, and comments on Must Read Alaska stories indicate dissatisfaction for him not having done so, after 17 other states and the president had formally joined in the effort to scrap the elections of Michigan, Wisconsin, Georgia, and Pennsylvania.

The lawsuit by Texas AG Ken Paxton alleges those states ’ “failure to follow and enforce state election laws during the 2020 election.”

The Texas lawsuit seeks to delay the appointment of presidential electors in the four states while allegations of fraud and violations of law can be investigated.

Texas lawsuit detail

  • Texas is challenging the way that four states conducted their elections in 2020.  Texas claims that the election in these states was flawed because:
    • Signature-verification requirements were abolished or undermined in Pennsylvania, Georgia, and Michigan;
    • Ballots were not handled in a secure manner in Pennsylvania, Michigan, and Wisconsin; 
    • Mail-in ballots were treated differently in different areas of each state;
    • Bipartisan observers were excluded in certain counties;
    • The Pennsylvania Supreme Court extended the deadline to receive mail-in ballots. 

What is Texas’ Legal Argument?

  • Texas’s main argument is that the Electors Clause (Article II, Section 1 of the U.S. Constitution), which says Presidential electors will be appointed “in such Manner as the Legislature [of the state] may direct,” prohibits non-legislative actors from modifying election procedures during any presidential election.
  • Texas alleges that non-legislative actors in each of the four states have altered important statutory provisions enacted by the state’s legislature, and that only the legislature can make rules governing the conduct of elections for federal office.
  •  These alleged alterations, largely justified based on the pandemic, were made either unilaterally by officials, through the settlement of lawsuits, or by a state’s highest court after litigation.

What does Texas Want?

  • Texas asks the U.S. Supreme Court to deem the presidential election results in those states unlawful and remand the issue to the states’ legislatures to choose presidential electors.
  • Texas also asks the Court to delay the electoral college vote pending the outcome of this lawsuit.

Other Challenges to this Conduct.

  • Many of the allegations in the lawsuit about unlawful modifications to elections procedures have been brought up in other cases, including in the case challenging a Pennsylvania Supreme Court decision in which the U.S. Supreme Court denied a stay. 

25 COMMENTS

  1. We should be thinking of other ways to help support the case and help the Governor to support it even if its to late for the actual case itself…. Hmmm

  2. The Gov know our Election was so corrupt that Alaska would harm the law suit, even though I wanted the State to sign on I understand his dilemma

  3. AG Ed Sniffen shouldn’t have needed more than a few minutes to understand the suit. He should be very, very familiar with the U.S. Constitution, its Amendments, & the Bill of Rights.

  4. Wierd…they didn’t “get an invitation” to join, but I wondered if we would join in 4 days ago. No one ever gives me an invitation to get interested in a controversial national election between the constitution and a Marxist takeover….

  5. The Texas list of election violations sounds like it was written for Alaska. Especially, “non legislative” changes to the state voting procedure. Simply put, the Alaska Supreme Court violated the U.S. Constitution with their liberal rulings changing vital election procedure in Alaska. Now, the chief perp is quitting before the show begins.

    The State of Alaska had the same amount of time between the Texas suit’s filing and the ‘cut off’ as all those other states wanting to see justice. Too late? Too late, alright. Now the result will need to be used as a precedent for Alaska’s independent legal action against stolen, fraudulent elections. That will happen, won’t it??

  6. I’m am the most conservative person you will ever meet. That said, the Governor is displaying his lack of any leadership ability. As a state Governor I would expect him to be engaged on such a critical constitutional crisis as it is unfolding. Everyone else in the world is. Then again, I would also expect a competent state government to step in and investigate the out of control Anchorage Assembly, and Former & current Acting Mayors for the misuse of Cares Act funding among other reasons…. Silly me. The statement by the governor illustrates he would rather cower, and punt as the republic falls; as not to offend those of the so called Swamp. Best not offend anyone and live another day, and make more deals with special interests. Where are the Patriots? #Weakexcuse.

  7. Dunleavy has revealed himself as a feckless governor of no leadership value. I, and mine, will vote for anyone other than him or a dem socialist next election. ANYONE.

  8. Or, rather, that his own state is just as guilty of election fraud that he has not been able to address.

  9. Day late and dollar short. As usual.
    What an absolute waste of space.

    In a very politically divided Alaska, left and right agree on one thing: Dunleavy has fallen flat on his face.

  10. Not enough time Big Mike,
    Kinda like not enough time to appeal the illegal SOA Supreme Court ruling changing Election Voting Laws.

  11. Horse hockey! The governor took no action when the same thing occurred in Alaska with the state Supreme Court rewriting Election Laws and changing laws for the election. That is only the purview of the state Legislator under the Constitution of the U.S..

  12. Mr. Dunleavy ~ if what you say is true and you believe it “Electoral integrity remains a cornerstone of our democracy, and every American should know that their vote matters,” then I suggest you, our acting Attorney General Mr. Sniffen, and our Lt. Governor Mr. Meyer – do EVERYTHING in your collective power to reddress the lack of witness verification of Alaskan mail-in ballots in future, and explain HOW Prop 2 passed when it was so behind until the mail-in votes showed up. If Prop 2 stands with ranked voting & witness verification for mail-ins is no longer required ~ then I will never believe in election integrity here again, and I will not vote for you again. I probably won’t vote at all, ever again. Because my vote won’t matter. In my 44 years of voting, I’ve never felt this way before. I do, now.

  13. This lawsuit is going nowhere, and Biden will be inaugurated. You are all wasting your efforts, and doing damage to the Country by casting doubt on the election systems and misusing the Judiciary.

  14. I called his office Tuesday morning and let the call screener know of this case and that it should be joined. States with small populations such as ours absolutely rely on the integrity of the Electoral College and that is reason enough to join the lawsuit. And if it turned the election, so much the better, but the point is to protect the Electoral College and the Constitution.

  15. Ohio just joined Texas & the other 17 states today (12/10/20). How was Ohio still able to join today, but Alaska can’t? So the real reason is, Gov. Dunleavy doesn’t want “other states” to look at the same nefarious rule changes made by Alaska, that were made by the swing states. I also put forward that other states have already meddled in Alaska politics, but getting Prop. 2 into the election and getting it passed. Election Integrity in Alaska? Already a thing of the past, in my opinion.

  16. Those states joined on to the suit, they forget about Alaska, anyway, until its summer season arrives, then all their residents come for a summer cruise vacation. Alaska is too far north, some of our state neighbors still think Alaska is a territory because of a lack of history knowledge.

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