Quantcast

Judge: Newsom Can’t Be Listed as Democrat on Recall Ballot

'At base this comes down to whether the governor of California has to follow the unambiguous law...'

(Headline USA) California Gov. Gavin Newsom can’t put his Democratic Party affiliation on the ballot voters see when they decide whether to remove him, a judge ruled Monday.

Newsom’s campaign missed a deadline to submit his affiliation to California Secretary of State Shirley Weber for the Sept. 14 recall election. Newsom’s campaign said it was inadvertent and asked Weber, who was appointed by Newsom, to allow the affiliation to appear.

She said the issue needed to go to a judge, so Newsom filed a lawsuit. Newsom’s Republican opponents criticized the move as an attempt to change rules everyone else must follow.

Newsom’s elections attorney, Thomas Willis, and an attorney for Weber both argued during an hourlong hearing Friday that Newsom merely missed an arbitrary, harmless filing deadline and that it is in the voters’ interest to know his party preference.

...article continued below
- Advertisement -

Adding that information now wouldn’t cause a procedural problem because elections officials still have enough time to ensure Newsom’s party preference appears on the ballot along with those seeking to replace him, Weber said in a court filing.

“At base this comes down to whether the governor of California has to follow the unambiguous law — and it just so happens, a law that he signed,” countered attorney Eric Early, representing recall supporters including lead proponents Orrin Heatlie and Mike Netter and the California Patriot Coalition.

Sacramento County Superior Court Judge James Arguelles said his decision Monday came down to whether there are reasons to look beyond the Newsom-approved law that required the governor to submit his party affiliation to the state’s top election official by February 2020.

He determined that the law “unambiguously precludes party information from appearing on a recall ballot where the elected officer fails timely to make the designation.”

...article continued below
- Advertisement -

It’s unclear if the lack of a party designation will have any practical impact. Newsom is well known, having held statewide office for a decade first as lieutenant governor and now as governor, and previously was San Francisco’s mayor for six years.

The arcane legal debate took on a celebrity sheen when one of Newsom’s Republican challengers, reality TV personality and former Olympian Caitlyn Jenner, went to Sacramento and held the first news conference of his campaign to announce he was intervening in the lawsuit.

He tweeted after the ruling that he is “thrilled that the rule of law prevailed” and that his joining the lawsuit “was the first step of finally breaking down politics-as-usual in Sacramento where special interests and political cronies are placed above the good of the people.”

Early hailed Arguelles’s ruling, saying: “He followed the law, and that’s all we can ask for. No one is above the law, and this ruling makes clear that includes Gavin Newsom.”

Newsom campaign spokesman Nathan Click did not respond directly to the ruling, saying in a text that Newsom will defeat the recall, which he termed a “Republican power grab.”

Previous recall targets weren’t allowed to list their political party, but Democrats who control the state Legislature changed that in 2019 after a state senator from their party was recalled. They argued it gives voters important information.

Last month, Newsom signed a law that again changes the recall rules, this time to speed up the election. Democrats believe the state’s reopened economy and low coronavirus case numbers put Newsom in a better position than when the recall gained momentum during the pandemic’s darkest days last winter.

The recall was fueled by frustration over Newsom’s coronavirus shutdown orders and anger after it was learned the governor attended a party with lobbyist friends at a posh restaurant last fall when he was telling Californians to stay home.

The election is set for Sept. 14, though ballots will be mailed to voters earlier. The two-part ballot will first ask voters if they want to remove Newsom from office and, if so, who should replace him. The answers to the second question are only counted if more than 50% of people say yes to the first.

Adapted from reporting by Associated Press.

- Advertisement -

TRENDING NOW

Cruz Introduces Bill to Transfer Migrant Facilities to Ritzy Dem Vacation Spots

Sen. Ted Cruz, R-Texas, introduced a bill this week to transfer migrant detention facilities from border towns to ritzy areas where “Democrat elites host...

Maxine Waters’ Campaign Paid Her Daughter More Than $80K This Past Year

The campaign of Rep. Maxine Waters, D-Calif., paid her daughter more than $80,000 this past year, according to campaign-finance records. The records show that Waters’s...

Marjorie Taylor Greene Outlines New ‘America First’ Plan to Aid GOP Victory in 2022

According to Paul Bedard at the Washington Examiner, Rep. Marjorie Taylor Greene, R-Ga., who is running for reelection in 2022, has hired a new...

Taxpayers to Fund Immigration Tent Courts in Texas

The Biden administration said last week that it will comply with the Trump-era "Remain in Mexico Policy." But now that the rule has been reinstated...

17 State AGs Slam DOJ for Trying to ‘Chill Lawful Dissent’ at School Board Meetings

A group of 17 state attorneys generals submitted a letter Monday to President Joe Biden arguing that the Justice Department has been attempting to...

Chicago Mayor Accuses Police Union of Inciting ‘Insurrection’ Against Vax Mandate

Chicago Mayor Lori Lightfoot accused a police union of inciting an “insurrection” by encouraging officers to oppose the city’s vaccine mandate. The Fraternal Order of...

ABC Interview Lends ‘Bond’-Like Air to Disgraced Russiagate Hoaxster

In Out of the Shadows: the Man Behind the Steele Dossier, available to stream on Hulu, George Stephanopoulos and ABC News do their level...

Abbott Blasts Biden for Abandoning Border Towns after Shots Fired on Nat’l Guardsmen

Texas's Republican Gov. Greg Abbott told Fox News’s Maria Bartiromo that President Joe Biden had "abandoned" the border, noting that Mexican cartels recently shot...

Psaki Brushes Off China’s Nuke Push: ‘We Welcome Stiff Competition’

President Joe Biden's press secretary, Jen Psaki, shrugged off recent reports of China's advances in nuclear technology, claiming that "we welcome stiff competition" in...
- Advertisement -