[ad_1]
Gov. Gavin Newsom cannot identify himself as a Democrat on the September recall ballot because he missed the deadline to designate his party affiliation, a Sacramento superior court judge said on Monday.
Newsom sued California Secretary of State Shirley Weber in late June, asking the court to ask her to print her party preference on the recall ballots for the September 14 election. Weber had refused to do so in June, saying the governor’s attorney did not make the request required by state law when filing Newsom’s official response to the recall in early 2020.
Superior Court Judge James P. Arguelles said in his ruling that Newsom’s assertion that the omission was a good faith error on the part of his lawyer was not sufficient to overcome plain language of California Election Law. The law states that the party preference of an elected official “will not appear” on the dismissal ballot unless that representative makes the designation when filing his official response to the dismissal with the Secretary of State.
“No one is above the law, and this ruling makes it clear, that includes Gavin Newsom,” said Eric Early, counsel for recall supporters Orrin Heatlie, Mike Netter and the California Patriot Coalition.
It is not known whether the governor will appeal the decision.
A spokesperson for Newsom’s campaign against the recall said he expected California Democrats to rally behind the governor regardless of the decision.
“Californians see this partisan reminder for what it is – a Republican takeover, and statewide you see Democrats united behind Governor Newsom. Governor Newsom will defeat this Republican recall, ”said Nathan Click.
Despite the mistake, Weber supported adding Newsom’s party affiliation to the ballot, as it would be in the best interests of voters, allowing them to make a “more informed choice,” outside lawyer Kevin said. Calia at a hearing Friday. Newsom appointed Weber, a Democrat, as secretary of state in December to fill the vacancy when he appointed his predecessor, Alex Padilla, to the US Senate.
State law requires office holders to request that their party preference be written on the ballot for a seven-day window to respond after filing a recall notice – in which case there is 16 months. Although Newsom responded to this initial filing on February 28, 2020, it did not include its party preference.
Newsom’s attorney, Thomas Willis, was blamed for the error, saying when he filed the documents he was unaware that less than two months ago, the law requiring officials subject to a reminder to file their party preference had come into effect. If they do not, no party affiliation is entered on the ballot. This change was promulgated by Newsom in October 2019.
Lawyers for supporters of the recall, including reality TV star and gubernatorial hopeful Caitlyn Jenner, argued at Friday’s hearing that the deadline requirement in the law was clear and that Newsom, the ‘having promulgated, cannot claim ignorance.
Willis told the judge that under the legal doctrine of “substantial compliance,” Newsom should be allowed to have his party affiliation listed. Willis referred to a California Supreme Court ruling that strict compliance with electoral laws is not required in cases where a minor error has been made that does not affect the integrity of the electoral process.
Until 2020, politicians facing a recall were not allowed to put their party’s designation on the ballot, including Gov. Gray Davis, a Democrat who in 2003 became the only California governor to be recalled from his duties.
The turnout in the 2003 election was 61.2%, slightly lower than the 64.5% in the 2018 governorate election. In that race, Newsom easily beat his opponent, Rancho Santa Fe businessman John Cox, who is among Republicans hoping to replace Newsom if he is ousted from office.
During Friday’s hearing, Calia said “many, many voters” will know Newsom is a Democrat because he is an incumbent governor, even though he is not on the ballot. . But he warned that there might be Californians who don’t know, and Newsom’s party membership registration could influence their vote.
“Some voters might say: Because that says he is [a Democrat], I’m a Democrat, and I’m going to vote for that. ‘ Other voters may say, “Because it says Democratic Party over there, I know I don’t want to vote for it,” Calia said.
Republican political consultant Matt Rexroad, however, doesn’t think the issue will affect Newsom. The governor is well known statewide and people will already know how they feel about him when they mark their ballot, he said.
“I don’t think it makes a difference one way or the other,” Rexroad said.
Two spring polls by the Public Policy Institute found that while only 40% of likely voters supported Newsom’s recall, those who favored its ousting were far more motivated by the campaign than those who opposed it.
This is a warning sign that the turnout of voters who support Newsom could be a problem.
“This is not a ‘first Tuesday in November’ type of election, so that will be the challenge for Newsom,” said Mark Baldassare, president and CEO of the institute.
Although Baldassare believes Monday’s decision will have little impact on the recall, he says it is still essential that Newsom’s campaign mobilizes Democrats to vote in September.
“I think it’s obvious that the risks of low turnout, the risks of an ill-informed electorate, could be catastrophic for our state,” MP David Chiu (D-San Francisco) said on July 2 during of a state Democratic Party press conference in support of Newsom. “It’s so important that we all work hard to educate every corner, every city, every county, every little community in California on what’s at stake.”
At the same event, California Democratic Party Chairman Rusty Hicks said the party would do everything in its power to ensure the “Republican recall” is defeated.
“We recognize that the eyes of the nation are on California for the next two and a half months or so, and we are ready to move forward and do what is necessary,” Hicks said.
[ad_2]
Source link