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Welcome to Tuesday August 24, Brew. Here’s what to expect at the start of your day:
- California judge says 2020 app-based driver measure unconstitutional
- Sign up for our August 25 briefing on California Governor Gavin Newsom’s recall
- New York governor takes office today
California judge says 2020 app-based driver measure unconstitutional
Alameda County Superior Court Judge Frank Roesch ruled on August 20, that two sections of California Proposition 22 (Prop 22) were unconstitutional and that the entire measure was inapplicable. Roesch ruled that Proposition 22 unconstitutionally limited the power of the legislature and violated the state’s one-subject rule for voting measures.
Prop 22 supporters have announced they will appeal Roesch’s decision. Catherine Fisk, professor of law at UC Berkeley, who filed an amicus brief on behalf of the plaintiffs, told the Los Angeles Times there could be a stay of Judge Roesch’s decision within two weeks. She also said, “After review by the state appeals court, the decision will ultimately be made by the California Supreme Court.”
Voters approved proposal 22, 59% to 41%. He defined application-based transport (carpooling) and delivery drivers as independent contractors. He also created application-based driver and company specific work and wage policies, such as an income floor, health care subsidy requirements, training programs, and employment requirements. accidental death insurance.
A group of complainants, including the Service Employees International Union (SEIU), filed a complaint challenging Proposition 22 in January. Complainants alleged Proposition 22 removed app-based drivers from the state’s workers ‘compensation system, limiting the constitutional power of the legislature to extend workers’ compensation benefits to app-based drivers. The plaintiffs also said the measure violated one-topic rules because voters “were not told they were voting to prevent the legislature from granting drivers collective bargaining rights, or to prevent the legislature from voting. ” encourage companies to give application-based drivers more than the minimum wages and benefits provided for in Proposition 22.
Proposition 22 overturned California Assembly Bill 5 (AB 5), which Governor Gavin Newsom (D) enacted in 2019. AB 5 created the presumption that a worker is an employee, rather than ‘an independent contractor, unless the hiring company can prove otherwise.
Proposition 22 was the most expensive voting measure in California history, and it was the first time voters decided on a statewide measure on concert economy policies. Supporters of Proposition 22, including DoorDash, Instacart, Lyft and Uber, have raised $ 205.4 million to support the measure. Opponents, including two locals of SEIU, the International Brotherhood of Teamsters and other unions, raised $ 18.9 million.
Roesch was appointed to the Alameda County Superior Court by Governor Gray Davis (D) in 2001. He has since been re-elected unopposed, most recently in 2020. In Massachusetts, supporters have filed two versions of a move similar to Proposition 22 with the state attorney general’s office on August 4. The Massachusetts attorney general’s office must approve these initiatives to ensure they comply with the state’s single subject rule before developers can collect signatures.
Sign up for our August 25 briefing on California Governor Gavin Newsom’s recall
In other California news, the September 14 recall election is less than a month away. As we have regularly covered in the Brew, Californian voters will decide to recall Governor Newsom (D). The Ballotpedia Power Index (BPI) estimates that as of August 20, there is a 73% chance that Newsom will be retained and a 27% chance that it will be recalled.
The BPI is an election forecasting tool that takes into account poll averages from RealClearPolitics and stock prices on PredictIt to project the overall odds of a result occurring in an election. The graph below shows the BPI for the first recall question in this election. In other words, a score of 60% for no and a score of 40% for yes would mean that, depending on the combination of poll averages and PredictIt prices, there would be a 60% chance that voters would fail. remember Newsom and 40% chance of voters recalling Newsom.
If recalled, Newsom would be the second California governor in history to be recalled, and voters would choose his replacement on the same ballot. Forty-six candidates, including nine Democrats and 24 Republicans, are standing for election. The most high-profile and top-performing candidates in the polls to date are YouTuber Kevin Paffrath (D), 2018 gubernatorial candidate John Cox (R), radio host Larry Elder (R), the former San Diego Mayor Kevin Faulconer (R), Calif. Ted Gaines, Member of the State Equalization Council (right), former Olympian and TV personality Caitlyn Jenner (right) and Assembly Member Kevin Kiley (right).
Want to know more about the Newsom recall? We organize a briefing tomorrow–August 25 at 11 a.m. CT–to discuss the latest news, how the recall election will work, and identify parallels to Governor Davis (D) ‘s 2003 state recall. Marquee staff writer Joel Williams and I will cover all of this (and more!), So be sure to click on the link below to Register now and join us then. And if you can’t attend the live briefing, we’ll email you the link to watch it on your schedule.
New York governor takes office today
New York’s new governor, former Lieutenant Governor Kathy Hochul (D), takes office today following the resignation of former Governor Andrew Cuomo (D). Cuomo announced his resignation on August 10.
The Gothamist noted Cuomo’s resignation would take effect at 11:59 p.m. on August 23, and New York Court of Appeals Chief Justice Janet DiFiore would be sworn in to Hochul as governor just after midnight on Tuesday morning. An oath-taking ceremony is scheduled for later this morning.
Until Hochul selects a new lieutenant governor, Senate Majority Leader Andrea Stewart-Cousins (D) will assume duties of that office, such as serving as governor when Hochul is out of office. State. A New York appeals court in 2009 decision determined that the governor may appoint a new lieutenant governor if this position becomes vacant.
Cuomo is the ninth governor of New York to resign. Nationally, 218 state governors have resigned before their terms have expired since 1776. Of these, 76% occurred because the governor was elected or appointed to another post, 7% were occurred as a result of allegations of misconduct and 17% for various personal reasons. reasons, such as illness or political disputes with the state legislature.
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