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In a primarily symbolic decision, a judge on Friday ruled that the government. Gavin Newsom did not have the statutory authority to order ballots to be mailed to all California voters.
Sutter County Supreme Court Judge Sarah Hickman has ruled that even during an outbreak, Newsom has no power to amend or change the election law. The ruling does not affect the 2020 elections.
In response to Newsom’s order for all mail ballots, Republican Assembly members James Gallagher and Kevin Kelly filed a lawsuit saying that the legislature’s role is to change the election law, not to change the election law.
However, Judge Hickman ruled that Newsom’s order was invalid indicating that the governor does not have the authority to amend statutory law.
“The California Emergency Services Act does not authorize or authorize the California governor to amend statute or pass new statute, which is an exclusive legislative function not delegated to the governor under CESA,” Hickman said.
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The mass dispatch of ballot papers was very intended to recruit a demographic that had not performed in the past. The « indifferent voters » are those who are too lazy to go to the polls and vote. This was a great opportunity for them, vote on their needs, more free darts.
“In response to Newsom’s order for all mail ballots, Republican Assembly members James Gallagher and Kevin Kelly filed a lawsuit saying that the legislature’s role is to change the election law, not to change the election law.
Okay then what? The ruler will continue to do whatever he pleases. How the judge will judge the ruler. The judge cannot dispense political matters, but the governor can. So who will the California Secretary of State, the attorney general, and lawmakers hear?
Newsom gets someone to be appointed to the Senate and that’s a pretty big carrot to keep the above in line.
The opinion of the rulers is not worth the paper written on it. In fact, the authority of the court is an illusion. The only way anyone would go along with anything they say is that they are supported by armed men (law enforcement).
As the scrapping movement continues in California and in good health, LE must assess the political winds and stay on the good side of the man who can sign or veto the bizarre legislation promulgated by the Capitol that affects them directly.
When we enforce only those laws with which we personally agree, the end of the American system of government will be at hand.
You’re making an excellent point about the Senate. I think Newsom shouldn’t appoint this position and there should be special elections as soon as possible. A qualified Democrat versus a qualified Republican chosen by the party apparatus. Although it is not legally required to do so, it would be the best way to ensure adherence to democratic values.
You can say that, but the 17th Amendment gives Newsom this privilege. Just as Jeff Sessions resigned to take over as attorney general, Alabama Republican Gov. Robert Bentley chose a fellow Republican to serve out the session.. I agree it seems somewhat unfair, but both parties do it all the time, so it is unlikely that either side will support stopping this practice..
Recount in our one-party state?
It used to be that the candidates among us were picked against them, and now it’s all of them, look at the local elections, especially Heidi Harmon.
When the people find they can vote for themselves, the money heralds the end of the republic.
They never said that the mail on the ballot was not a legal vote, only that Newson did not have the authority, at the time, to send it to registered voters. His clerical error should not deprive me or any other voter of the right to vote.
The same number of votes either way, so why bother to recount.
Gavin Newsom, California
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