Home>Articles>California Assemblyman Challenges Gov. Newsom’s ‘Cattle Call’ to Fill Kamala Harris’ Senate Seat

Gov. Gavin Newsom. (Photo: Kevin Sanders for California Globe)

California Assemblyman Challenges Gov. Newsom’s ‘Cattle Call’ to Fill Kamala Harris’ Senate Seat

The Gov. is ‘again claiming for himself power that resides with the people’

By Katy Grimes, November 16, 2020 9:43 am

Over the weekend, black California politicians demanded Gov. Gavin Newsom appoint a Black woman to the U.S. Senate seat currently held by Kamala Harris’ should former Vise President Joe Biden and Harris win the Presidential election.

“At a press conference Friday, members of the California Legislative Black Caucus nominated U.S. Rep. Karen Bass and U.S. Rep. Barbara Lee as candidates for the position,” the Sacramento Bee reported. “Bass and Lee represent “two of the most powerful women” in California, said Assemblywoman Shirley Weber, D- San Diego and chair of the caucus.”

However, California Assemblyman Kevin Kiley (R-Granite Bay) says Gov. Newsom is again overstepping his authority with “what he describes as the ‘cattle call’ of installing a political ally in the U.S. Senate.”

“The Constitution says California voters would decide who completes Senator Harris’ term,” Kiley said. “Even after being restrained by our courts for exceeding his authority, the Governor is once again trying to claim for himself power that resides with the people of California.”

Kiley submitted a Legal Opinion Request to the Attorney General on Gavin Newsom’s authority to appoint a U.S. Senator. In the letter to the Senior Assistant Attorney General, Kiley explains:

“In the 229 years since the adoption of the Bill of Rights, the U.S. Constitution has been amended 17 times. One of those Amendments, ratified in 1913, established that Senators must be ‘elected by the people.’ The Seventeenth Amendment further provides that when Senators vacate their seats in the middle of a term, Governors ‘shall issue writs of election to fill such vacancies.’ The purpose of the Amendment was to replace a distrusted, aristocratic regime of appointed Senators with one of ‘popular enfranchisement.'”

“There is, however, a proviso in the Amendment. A state’s legislature may empower its Governor ‘to make temporary appointments’ until the people fill the vacancies by election.’ California’s Legislature has done this with Elections Code section 10720, which enables the Governor to fill a U.S. Senate vacancy with an appointee who serves until a successor is elected and seated.”

“This means Governor Newsom could appoint a temporary successor to Senator Harris, but that person could not serve through January 3, 2023, when Senator Harris’ term was to expire. At some point before then, an elected Senator would have to take the appointee’s place.”

Kiley explains that the Seventeenth Amendment does not give any Governor appointment
power; that must be supplied by the Legislature.

Once again, Kiley challenges Gov. Gavin Newsom’s emergency powers, as he and Assemblyman Gallagher have with Gov. Newsom’s executive order mandating an all-mail election. A Superior Court judge has ruled that the governor overstepped his emergency powers authority.

“Governor Newsom is reveling in what he describes as the ‘cattle call’ of installing a political ally in the U.S. Senate,” Kiley said in a press release.

Here is Kiley’s letter to the Senior Assistant Attorney General:

AG Opinion Request_Senate Vacancies FINAL


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6 thoughts on “California Assemblyman Challenges Gov. Newsom’s ‘Cattle Call’ to Fill Kamala Harris’ Senate Seat

  1. Thank you Katy for keeping us apprised of the situation.
    Assembly Member Kevin Kiley is proving to be the man of the people of California. A man who takes his responsibility seriously. Checks and balance are essential to our republic.

    If Harris leaves her position then we the voters should have an election in March or June.

  2. Asm Kevin Kiley is turning out to be someone who is almost single-handedly standing up against the continual outrages of our “betters” (aka the “tyrants”) in California. Thank you Kevin Kiley; wondering if you would be willing to clone yourself?

  3. Thank God for Republican Assemblymen Like Kiley and Gallagher for trying to rein in the unconstitutional lawlessness of Gov. Newsom and his gang of Democrats!

  4. Thank you Kevin Kiley! The people will select replacement AND SHOULD HAVE ALREADY according to the Law!!! As the Fraud is proven-for this election-If Fraud-then that party who benefited from the fraud -“vitiates Everything” that means If the Army of Software Engineers breaks down & analyzes transactions that were beneficial to a candidate-Then that party is UNSEATED! Once the software has been programmed and carries out the Fraud-it is impossible to erase! Therefore, when they finish looking at California-anyone elected by fraud VITIATES every candidate it helped to get elected! All illegally obtained seats-will be over turned! I suggest you who did this -leave our country bc we intend to prosecute you to the full extent of the law!!!! You didn’t just “STEAL” from one person -you stole from millions! We detected fraud all the way back to 2012! We could not prove all of it! Now WE CAN! We will go backwards and look at previous ELECTIONS & unseat crooked Senators like Nancy Pelosi & Governors like Gavin Newsom! All will be Unseated! Charges will be filed against them! All should go to
    Jail! If we put Martha Stewart in jail for obtaining a “tip” from a friend & Lori Loughlin for fraud on applications to college-THEN these people should definitely ALL go to
    Jail! All money they fraudulently earned must be paid back to the people of California! Their properties, bank accounts, investments MUST BE SEIZED as ILL-GOTTEN-GAIN…Just like a drug dealer!!!!!

  5. So, if Loretta Sanchez gets appointed out of the ground and sees her shadow, we get six more years of winter?

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