Monomi Court of Appeals Refuses To Delay Recall Election

Governor's legal team calls decision a 'disregard for the constitution'

TREETON, MONOMI--The Monomi Court of Appeals on Tuesday refused to delay or halt the recall election facing Governor Scott King Jr. (NAT).

The 3-1 decision means the recall election, which has been certified by Secretary of State Sharon Dimaggio (CNS), can go on as planned. The date for the special recall election is April 26.

The court's decision also reaffirms a lower court's ruling made last week. In that case, King's attorneys asked that the recall election either be postponed or thrown out altogether because of errors and irregularities in the signature-collecting process during the initial stages of the recall effort.

King's attorneys also argued that a recall against the embattled governor, who was the subject of state and federal fraud and corruption investigations, is not legal because the Monomi Constitution states that "executive members shall not be impeached unless they become the subject of a criminal case of wrong-doing." King was ultimately never indicted, due to a lack of evidence.

But the appeals court did not buy King's argument, and upheld last week's decision by The Honorable Judge Gary J. Rice.

Speaking on behalf of the majority, The Honorable Judge Jerry J.W. Wilson wrote, "We do not find any evidence to suggest that the complainant's case was unfairly treated or executed, and we affirm Judge Rice's previous decision."

The appeals court's ruling means the recall election can go on as scheduled, unless King's attorneys appeal to the state Supreme Court and the court agrees to hear the case.

"This is, in our opinion, a complete disregard for justice," King's attorney, Jason Gillis, told The Treeton Sun newspaper following the ruling. "For us, the next step may be taking this to the Supreme Court. That's something we'd have to talk about with the governor and contemplate."

King's opponents and supporters of the recall movement applauded the court's decision but acknowledged the governor will most likely appeal to the Supreme Court.

"We're very happy with today's decision, but we also realize that Scott King is probably going to appeal," said Jeff Kinbry, of the group Citizens to Recall Scott King. "This is a governor that has tried to prevent and stall and delay this process every step of the way. It just wouldn't be the same if he stopped now and actually faced the music willingly."

The recall election will not be halted or delayed if King appeals to the Supreme Court. The election will only be suspended if the court rules in King's favor and intervenes.

Monomi Secretary of State Dimaggio has already filed a brief with the Supreme Court, in which she asks the justices not to postpone or stop the recall election.

"Here at the Secretary of State's office, we have already printed millions of ballots to be used in this special election. And we've spent somewhere in the neighborhood of $700,000 in the last month advertising and spreading the word. To delay the election again, a second time, would be an enormous waste of tax-payer money and a huge headache for elections officials and for the voters," Dimaggio told the GBC.

King's attorneys argue, however, that the election can still take place as previously scheduled. The results just may or may not count, depending on the court's decision, should they be asked to make one.

"Just because the election is scheduled for April 26 does not mean it can't take place on April 26," Gillis said. "The voters can still vote. But if the legality of the recall is rejected by the court, then the election simply would not count."

For now, the election will go on as scheduled. Both sides are shelling out cash, with the pro-recall groups spending an estimated $2.2 million in the last month on advertising. King's campaign has spent about only about $400,000, however, on counter-advertisements.

Recent polls show dropping support for recalling the governor. At one point in time, two out of three Monomi voters supported the recall, but now many are opposed because of the cost of the special election in a time when the state budget is suffering. Others believe a recall election and a possible subsequent change of power would only hurt the state, which has been marred by King's scandal for the last year, even more.

Many also are distrusting of the state's lieutenant governor and heir to the governor's mansion, Erica Kinsley (NAT). The young, politically ambitious Kinsley was quick to disavow King directly after he became the subject of a federal investigation. She has since called for his resignation and has campaigned actively with pro-recall supporters. In recent months, however, she has toned down her criticism of the governor and has maintained with him a civil but cold relationship.