Lawsuit seeks to change Alaska legislative policy on vetoes, but the plaintiff is offering a deal

Speaker of nan House Cathy Tilton, R-Wasilla, speaks Thursday, April 27, 2023, astatine a news convention successful Juneau. (Photo by James Brooks/Alaska Beacon)

For nan past 5 months, Alaska governmental writer Jeff Landfield has been softly pursuing a suit against Speaker of nan House Cathy Tilton that could permanently alteration nan measurement nan Alaska Legislature handles vetoes by governors.

The suit, revenge successful January, asks a authorities judge to corroborate that nan Alaska Legislature must ballot connected whether aliases not to override a governor’s veto. 

The Alaska Constitution states that legislators “shall” ballot connected veto overrides, but until this year, it had been nan Legislature’s regular argumentation to not clasp an override ballot if nan leaders of nan authorities House aliases Senate were successful alignment pinch nan governor. 

Landfield is representing himself successful court, and connected Friday, Juneau Superior Court Judge Amanda Browning ruled that she was incapable to see nan lawsuit because of a paperwork error.

Tilton, represented by lawyer Kevin Cuddy, asked to person nan lawsuit dismissed, but Browning declined that petition and said that Landfield whitethorn refile nan lawsuit.

“I person nary comments,” Tilton said erstwhile asked astir nan lawsuit. “Absolutely none.”

After nan ruling, Landfield made an different connection — he told Tilton by matter connection that he was consenting to driblet nan suit if nan House hears a Senate-passed solution declaring that it is nan position of nan Legislature that they shall meet connected veto overrides.

Tilton did not respond to Landfield’s matter message. 

The resolution, from Sen. Matt Claman, D-Anchorage, passed nan Senate connected a 13-7 ballot successful April but hasn’t received a proceeding successful nan House. The solution isn’t formally binding but would adhd unit connected early lawmakers who activity to debar a vote.

There are 8 days remaining successful nan Alaska Legislature’s regular session, and Claman said he’s asked for a proceeding but hasn’t received it. Rep. Laddie Shaw, R-Anchorage and chair of nan committee holding Claman’s bill, said connected Monday that he wasn’t acquainted pinch Claman’s request.

A practicing attorney, Claman isn’t progressive pinch nan suit but said he thinks it has merit. He said he’s not judge astir whether Tilton, arsenic a sitting legislator, whitethorn beryllium astatine slightest partially immune from lawsuit, an rumor that could create if nan lawsuit moves forward.

He didn’t inquire for Landfield’s support connected nan resolution, but said of nan woody nan writer presented to Tilton: “That offer, to me, is beautiful reasonable.”

Landfield, a governmental independent, operates the Alaska Landmine, a website that publishes a blend of news and sentiment astir Alaska politics. 

Flamboyant connected different issues, Landfield kept quiet astir nan suit for months.

“I’m not trying to make a spectacle of it, because I deliberation it’s important,” he said. 

In Alaska’s history arsenic a state, nan Legislature has not been accordant successful its handling of vetoes. In nan publication “Alaska Constitution: A Citizen’s Guide,” nan writer Gordon Harrison wrote that done 2011, nan Legislature had met to reconsider less than 100 of astir 450 vetoes. It voted to override half of nan vetoes it reconsidered. 

At nan clip of nan suit, nan Alaska House of Representatives had refused to meet to see Gov. Mike Dunleavy’s 2023 fund vetoes.

“The constitution is really clear connected this,” Landfield said, and though nan House later changed its mind and voted to prolong nan fund vetoes, it ne'er considered nan governor’s vetoes of 2 argumentation bills. 

Landfield said he wants a patient declaration showing what nan Legislature should do successful lawsuit of a veto.

In his view, if a politician issues a veto during nan first twelvemonth of nan two-year legislative cycle, lawmakers should ballot successful nan first days of nan 2nd legislative year, unless there’s a typical session, successful which case, nan ballot would return spot during that typical session.

Lawmakers wouldn’t beryllium capable to ballot connected a veto successful nan 2nd twelvemonth unless location is simply a typical session.

While Dunleavy is simply a Republican and astir Republicans successful nan House thin to ballot pinch nan governor, Landfield said group shouldn’t position this arsenic a partisan issue. One day, he said, Alaska will person a Democratic governor, and that personification should beryllium held accountable arsenic well.

Contacted Monday, he said he revenge nan suit because he didn’t deliberation anyone other would do it. 

“Also,” he said, “I’m a small spot excited astir nan thought that if nan tribunal rules a definite way, nan 2nd convention connected nan veto override could beryllium called nan Landfield Rule.”