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JUNEAU -- A recall for Valley Senator Scott Ogan moved forward a step Friday.
Division of Elections Director Laura Glaiser approved the Ogan is So Gone recall committee's recall application, and said petition booklets are scheduled to be back from the printers by the end of the week.
Thursday, Glaiser received the summary and legal review of the application, performed by Anchorage attorney John Sedor of Bankston, Gronning, O'Hara, Sedor, Mills, Givens and Heaphey. After reviewing the opinion, Glaiser said she agreed with Sedor's analysis of the recall petition, which recommended a few changes to the sponsors' wording.
"The grounds were changed very little," Glaiser said. One reference to incompetence was eliminated, and a line alleging that Ogan "misstated important facts" was also struck. A line stating that Ogan's actions deprived his constituents "their constitutional right to due process, demonstrating a neglect of duty" was struck because, Sedor argued, the neglect of duty charge overlapped with a charge of corruption. Lastly, a line suggesting that Ogan promoted legislation that would benefit Evergreen Resources, with whom he was working contractually at the time, instead of protecting his constituents' private property and due process rights was also struck.
"Neglect of duty cannot be interpreted to include support for legislation that may be subject to constitutional challenge," Sedor wrote in his analysis of the grounds for recall.
Bill Marks, one of the sponsors of the recall effort, said he, personally, saw little problem with Sedor's analysis.
"There's enough there for an educated voter to go to the polls and say 'I think what he did was wrong,'" Marks said.
Throughout the application, Sedor reflects that the duty of the Division of Elections is not to analyze whether or not the recall application is true, or if the grounds merit a recall, but to determine if the recall application meets four standards set out in Alaska law: if the committee met the requisite number of qualified recall applicants, if the named official is subject to a recall, if the application was filed within the proper time frame and if the application is in the required form.
With the exception of the words recommended to be struck, Sedor suggested approval of the application. Glaiser, after reading Sedor's analysis, said she agreed.
"I was so impressed with his work and the time that he devoted to researching what the words mean," Glaiser said. "It was so thorough and so thoughtful, I gave no consideration to a different course."
Glaiser said she worked out the details for printing the petitions Friday, and the petition booklets should be ready for the committee to pick up this week. The committee then has until July 19, 2006, or 180 days before the end of Ogan's term in office, to file the petition booklets. They must collect the signatures of 3,183 qualified voters -- voters from Ogan's district, District H, which spans the Lazy Mountain and Butte areas, as well as Chugiak and much of the Susitna Valley, north of Wasilla. If that happens, the division has 30 days to review the petition and determine if it was properly filed. If the signature count is correct and the petition is filed correctly, a special election will be called for District H voters, asking whether the senator should be recalled. If the recall passes, Glaiser said, chances are the seat will be filled by governor appointment.
According to state statute, Glaiser said, the governor appoints someone to fill the vacancy if it is less than two years and five full months before the end of the official's term of office. If the vacancy occurs before that time frame, the replacement would be chosen through an election process.
"The vacancy would have to occur by the end of July," Glaiser said. "Can all of that happen before July 31? It does not look like it can."
Marks said it may be too early to dismiss the imposed deadline as impossible.
"We did get 2,200 signatures in three weeks," Marks said. "I think we can. I think everyone I've talked to in the last seven weeks of waiting has been interested … there are still a lot of people out there that want to get it to a vote of the people."
Contact Rindi White at rindi.white@frontiersman.com.