Lawsuit challenges California recall process ahead of September election

[Yo_Mama_Been_Loggin]

Source: The Hill

A federal lawsuit is seeking to either halt or at least drastically alter the Sept. 14 recall election that will determine whether California Gov. Gavin Newsom (D) will remain in office.

The lawsuit, filed by two voters in U.S. District Court for the Central District of California, argues that the recall election in its current form is unconstitutional because it gives unequal weight to voters who support Newsom's ouster, violating the principle of "one person, one vote."

At issue is how the recall ballot is structured. Voters will be asked two questions: whether Newsom should be recalled, and which candidate should replace him if he is recalled. Newsom's name is not currently allowed to appear on the second question as a candidate.

The lawsuit argues that Newsom could receive more votes than any other candidate, but still be removed from office and replaced with someone who received fewer votes. The California Democratic Party is urging voters to cast their ballot against the recall, while leaving the second question about a potential replacement for Newsom blank.

Read more: https://www.msn.com/en-us/news/politics/lawsuit-challenges-california-recall-process-ahead-of-september-election/ar-AANqhG0

[tinrobot]

1. They do have a valid point.

Which is why Republicans love recalls - they can install their candidate with fewer votes.

Perhaps they need to add Newsom to the list of candidates.

[AllaN01Bear]

2. i know people who are writing him in.

[DanFan]

7. I already voted no, of course...

but I haven't mailed my ballot in yet. It didn't occur to me to write him in but I'm going to do that now!

[PoliticAverse]

3. The fact that he received more votes than anyone else but be replaced seems irrelevant.

If he loses the first question a majority of voters want him removed. If someone is removed from office it seems reasonable they shouldn't be able to replace themself.

[Merlot]

9. If he's removed he should be replaced by a legitimate vetted candidate

who can actually win an election. Who ever would replace him on this ballot would be getting 20% of the vote, they would never win in a general election.

So, the recall may be legit, but the means of replacement isn't.

Also, this recall petition only has a 10% threshold for signatures and got an extension of time to reach that number (by a RW judge).

[PoliticAverse]

11. That's why the 2nd part should be some other type of voting...

Like ranked choice otherwise in a many candidate field the winning candidate can end up with a small percentage of the vote.

As to the extension - judges have extended lots of things due to covid have any such extensions been overturned?

[Merlot]

12. The second question should not be on the ballot.

The long list of persons on this list have little to no qualifications to be the governor, probably could not win as city council people, and would certainly not win in a general election.

I don't know why the extension was not fought in court by the democrats. Covid or not, they did not meet the deadline to get the small number of names needed to put the recall in motion.

[ripcord]

15. That is not really a good argument

The only reason there is less of a turnout is that Californians choose not to vote, everyone one of them has the same opportunity to vote that they do in a general election. I don't think they are going to call an election unconstitutional because of voter apathy.

[Merlot]

17. I don't think voter apathy is the argument.

[Warpy]

4. Republicans can't help playing dirty

It's who they are.

Now the ballots will have to be reprinted, all the machines adjusted and one hopes the GOP is handed the bill.

[Hekate]

6. They can't win unless they cheat

[groundloop]

5. Seems kind of questionable telling voters to leave the second part of the ballot blank

[Salviati]

8. Yeah, that seems really dumb.

[Merlot]

10. "no one" is the second leading candidate right now.

Last poll the libertarian the republicans love is getting 23%, no one is getting 20%. There isn't anyone on the ballot democrats want, and a write in of Newsom's name probably wouldn't gain enough steam. So, if Newsom is recalled and "no one" is the winner, then that would seem like we need an actual election with vetted candidates.

[Jose Garcia]

14. Who is telling people to do that?

[PoliticAverse]

18. Newsom and the California Democratic party.

[Jose Garcia]

21. Totally short-sighted and selfish

[Mr.Bill]

13. If I though she could actually win,

after voting no to the recall I would vote for Caitlyn Jenner. If she actually became Governor it would be the end of the republican party in California. Meanwhile, our supermajorities in both houses of the legislature and a Democrat holding every other statewide office could keep anything disastrous from happening for 15 months.

[BradAllison]

19. You'd think they'd have learned that from Ahhhhhhnold. n/m

[Mr.Bill]

20. He was a walk in the park

compared to some of the loons running this time.

[ripcord]

16. This shouldn't even be a problem

If Newsom loses we will see many posts about the evil republicans and the horribly low requirements for a recall are in California but we will see very few people calling out California democrats who think having to vote in an off year election is too much to ask of their lazy asses.