Bob Carney Jr., who is running for governor as a Republican, says he'll appeal last week's dismissal of a lawsuit he filed over Gov. Tim Pawlenty's authority to use unallotment to eliminate the political campaign donation refund.

The dismissal came from Ramsey County Judge Kathleen Gearin, the same judge who earlier had ruled against the governor's unallotment method and restored funding of another unallotted item — a special diet program. The governor is appealing that ruling.

The judge ruled that Carney's case hadn't raised constitutional and separation of powers issues like the diet program lawsuit did.

Carney, who also ran for mayor of Minneapolis last year, said he'll definitely appeal the case, although he isn't sure who will represent him. He said he might represent himself.

And he said he hopes the Legislature will step in.

"I am actively seeking help from Legislators to defend the Political Contribution Refund program," Carney said.