Is CA Secretary of State Involved in Voter Suppression With Exclusion of Larry Elder from Recall Ballot?
CA election law does not give the Secretary of State permission to remove candidates from the ballot for failing to properly redact their tax returns
By Katy Grimes, July 20, 2021 6:51 am
California Secretary of State Shirley Weber on Saturday released the official state list of the 41 candidates who filed the required paperwork to run in the September 14th recall election. Noticeably absent was Larry Elder‘s name, the Globe reported Monday.
The Globe contacted elections Attorney Mark Meuser Monday about the letter Larry Elder received (below) from Secretary Weber. Meuser referred to California Elections Code 8903, section (b), and indicated that the statute on tax returns says the Secretary of State can prepare a new version of the tax return with only the redactions permitted by that subdivision, but cannot remove a candidate.
Elder is fighting back. He noted on Twitter that “the Secretary of State could have made the supposedly required redaction(s), but elected not to. We’re trying to ascertain the details.” He also said “that Gov. Gavin Newsom has not turned over his tax returns, and also violates the equal protection clause of Art. I, § 7, of the California Constitution not to require Governor Gavin Newsom to comply with the same tax return disclosure requirement.”
And Elder announced Monday that if the Secretary of State’s decision is not reversed, he will sue.
If the Secretary of State's decision is not reversed, we will see them in court.
–Larry Elder https://t.co/mnvU6s5Wid— Larry Elder (@larryelder) July 19, 2021
Attorney Meuser took it a step further on Facebook:
Question, is California’s Secretary of State involved in voter suppression by exercising political power not granted to her by California law and using this fictitious power to remove candidates from the 2021 California Gubernatorial Recall Election?
Right now I am seeing more voter suppression coming out of the actions of the California Secretary of State than any law that requires a voter to show an ID before they vote.
Meuser also suggested that SOS Weber may be using race as a barrier given that two of the candidates left off the list of candidates to replace Gov. Newsom are black Republicans:
“Is the current Secretary of State a racists in that she is using the color of someone’s skin to determine if they qualify to run for California governor? If so, this is a major constitutional violation. We know that both Larry Elder and Major Williams have been left off the ballot for California Governor?
Larry Elder has shown the letter that he has received from the Secretary of State saying that the reason he is being left off the ballot is because he did not properly redact this tax returns. However, is that the true reason or is there a racist reason?
California election law does not give the Secretary of State permission to remove candidates from the ballot for failing to properly redact their tax returns. The law states that if the candidate does not properly redact their tax returns, the Secretary of State can prepare her own copy of the redacted tax returns. The California Secretary of State seems to be expanding her powers under the law by giving herself authority that she clearly does not have.
I have not heard a reason why Major Williams is not on the ballot as he has not publicly shared the letter he received from the Secretary of State.
That being said, since the Secretary of State seems to be making up the law to remove Larry Elder from the ballot, I am wondering whether she is doing the same thing to Major Williams also? This is causing me to wonder if her new imaginary powers are only being used against candidates that go against her political party’s narrative regarding race.”
We filed redacted AND unreacted returns–over 200 pages of 5 years of tax returns.
So they are saying either the redacted version or the unreacted version was “incomplete.”
–Larry Elder https://t.co/mnvU6rOkTD#RecallGavinNewsom #WeveGotAStateToSave pic.twitter.com/rcmnrF7kNk
— Larry Elder (@larryelder) July 19, 2021
A couple of people replied to Meuser that Major Williams said his campaign was “sabotaged,” and isn’t experiencing the same as Elder. Meuser said, “After I posted this I got a call from Major and he explained that his situation was different than the Larry Elder situation.”
There were nearly 80 candidates who filed papers to run for Governor in the recall election, but the list is down to 41.
The official list of recall election candidates will be released by the Secretary of State on July 21.
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If “voter suppression” of his opposition is Newsom’s objective, it will have the opposite effect. Voters against him will become more angered and engaged; AND his own supporters will become less enthusiastic about HIM.
You are absolutely correct. Even if it wasn’t racism it sure appears that way! Pitiful how the current administration is abusing the law in many ways!
How does one go about recalling a Secretary of State?
Probably like we would recall the Governor.
But we should just wait until next year when we can ACTUALLY ELECT SOMEONE WE WANT.
So sick of these people. A corrupt and crooked group. The worst we’ve ever seen in this state.
Just please be sure to make a note of the date and Vote YES on RECALL GAVIN September 14.
Well, first you get a rope….
Just a thought.
VicB3
Let’s not forget Gov. Newsom placed Shirley Weber in the SOS position when he placed Alex Padilla as U.S. Senator. This is a Newsom pick! He alone could remove Shirley Weber, WE THE PEOPLE did not vote her into office. Get rid of Newsom and then the dominoes should begin to fall.
We should not have to wait until 2022 to vote her out of office!
You’re right, Cali Girl, but maybe it would be better to have the new Gov (if we should ever have one!) hold a special election for the replaced S.O.S. as I think is required and should have been done in the first place? Can anyone confirm what should have happened?
Correct me if I am wrong, but I believe this should have been done — timely special elections —- for all statewide office holders who were involved in this game of musical chairs — let’s see, Attorney General, Secretary of State, and…. ? Or does this only apply to federal officeholders; e.g., U.S. Senator, whose replacement in this case was also appointed instead of elected by the people? You know, when Kamala was installed as V.P. and then-S.O.S. Padilla was appointed by Gruesome to replace her as U.S. Senator?
In any event, that was not done either, nor are there any plans to do it that we know of. Kevin Kiley has brought this up and I think he sued over it, too. Can’t even remember, there have been so many law suits from so many blatantly illegal actions done by Gov Gav and the Gang over the mere 2-1/2 years he has been Gov. Looks like chaos and lawlessness will reign until we have some changes at the top.
Vote YES on RECALL NEWSOM
Excellent suggestion @ShowandTell.
We vote him out and the new Governor sets the election date asap.
The recall is the key to righting the wrongs of the last 20 months.
Let the dominoes fall.
P.S. Governor Newsom needs to release his tax returns!
Could Newsom’s ploy of failing to identify as Democrat, to highlight Shirley Weber as non-partisan and fair, played into this? Her next step being to disqualify candidates that pose a more serious threat to Newsom without raising eyebrows? Just as an FYI for future, in today’s news, many Democrats are leaving their party affiliation off of advertising to distance themselves from party policies.
Marilyn, I think you are right that Newsom may have “accidentally on purpose” failed to I.D. as Dem so that S.O.S.-appointee Shirley Weber could then refuse to comply with Newsom’s request to make it look like she wasn’t playing favorites with him and would hold the line for everything else regarding the recall election. They DO play this game and put on these theatrical presentations all the time —- there is nothing new in it, as I’m sure you know.
Plus I remember how surprised everyone was that S.O.S.-appointee Shirley Weber appeared to be doing the right thing re Newsom. Surprised because it would be the FIRST TIME in many years that 1) a statewide officeholder did the right thing and 2) didn’t play favorites with a fellow Dem, especially one who was appointed to a powerful office by that fellow Dem (Newsom).
But Newsom did SUE her, Showandtell. And it was the court that decided the issue. The court could have gone either way, no? Are you implying that the the judge was told/influenced to rule in the SOS’s favor?
Judge was not told/influenced —- the S.O.S. was probably confident going in how the court would rule. Have you observed the CA judiciary as independent, fair and measured? I haven’t. And if I’m right that it’s a play, which I have observed first-hand many times on the local scene, everyone knows their lines. An actor is not offended by a fake slap or an insulting line from another actor when it is written in the script. That’s my take, anyway.
Hmmm….interesting, Marilyn. But “leaving their party affiliation off of advertising” to become essentially a stealth candidate? Voters – at least the sophisticated ones – will figure this out and then what? It can be used by their opponents against them. For example, “Why did you leave your Democrat affiliation off? Don’t you support your party platform and policies and why/why not?”
Think it’s primarily directed at lawn signs in rural areas, which in my humble opinion is just and insult.
I have a prediction for these creeps. Your corruption and dirty little games are going to bite you in the ass. Keep it up but it will not do you any good. Your evil will be turned back on you and you will have no place to hide.
If Ca election laws do not allow SOS to remove candidates from the list, then WHY is this happening? Why do we even have election laws if they aren’t upheld? Obviously, if the governor is the only one allowed to address this with the SOS, I know the answer to why! I am so disappointed with the corruption. It is so blatantly thrown in our faces. I feel so hopeless and helpless. I have not only lost trust in our government but our judicial system, our teachers, our medical professionals, MSM, even realtors and some of my fellow Americans. We have to find a way to come together and beat this said state of affairs!
Stacy, are not alone in your frustration and disappointment. Along with many who signed the petitions we see the corruption and want change.
We can come together by voting Newsom out of office. This is NOT a Republican power grab as the union backed political ads would have the ill informed believe.
Business owners, teachers, parents, grandparents, Independents, Democrats, Republicans, Libertarians, we must come together to restore this state to greatness.
First step: RECALL NEWSOM
Poor Shirley Weber has other issues to address as well…. 1.8 million more registered voters than are qualified, 2020 elections show counties with more votes than registered voters, and now we are also included in Sharpie-gate! California needs an Audit!
And… The Secretary of State approves the selection of voting machines in California…
Padilla the corrupt signed off on Dominion, never forget that…
Then he skated to the corrupt installation administration to continue his corruption at the Federal level…
Shirley Weber, who according to current racism theory (which is inherently racist to the core), is presumptively a victim of racism based on the color of her skin. She decides to attack another “presumptive victim” (Larry Elder) because of his political beliefs. So much for Black Pride.