In June, Sutter County Superior Court Judge Perry Parker granted a temporary block on Governor Gavin Newsom’s Executive Order that requires all registered California voters to receive a mail-in ballot for the upcoming November election.
Assemblyman James Gallagher (R-Yuba City) and Assemblyman Kevin Kiley (R-Granite Bay) were granted a Temporary Restraining Order against Gov. Newsom suspending the Governor’s Executive Order N-67-20 regarding the conduct of elections, and further restrained him from “exercising any further legislative powers in violation of the California Constitution and applicable statute, specifically from unilaterally amending, altering, or changing existing statutory law or making new statutory law,” Kiley explained.
The temporary restraining order has expired, and an appeals court refused to extend it, Kiley told California Globe Tuesday.
However, Gov. Gavin Newsom is now petitioning to have Judge Parker removed, claiming that the judge is prejudiced against the governor.
“If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason. This is called a peremptory challenge,” the Sacramento Law Library reports. “Each side gets to challenge a judge one time only. You have no control over the judge assigned to take over your case, so avoid hasty or ill-informed decisions to disqualify.”
“The governor has continued to brazenly legislate by fiat, without public input and without the deliberative process provided by the Legislature,” Gallagher and Kiley said after the TRO was granted. “Today the judicial branch finally gave him the check that was needed and that the Constitution requires.”
Data from the Election Integrity Project California shows 458,000 likely dead or relocated persons will be mailed ballots and 24,000 will be mailed two or more ballots, the Globe recently reported.
Election Integrity Project California sent out an email explaining four points:
- The court ruling against Governor Newsom’s Executive Order was a reprimand of the governor for overstepping the boundaries of his executive position. It was a win for balance of power–the system works.
- There is no Constitutional prohibition of all-vote-by-mail elections, as long as the mandate is duly passed into law by the state legislature.
- To summarize: the governor cannot institute election procedures through executive action, but the legislature can.
- AB 860 mandates exactly what Newsom’s executive order laid out. The court ruling will not affect the legality of AB 860.
Kiley continues to be very concerned about the state operating without the Legislature. “The governor is running the state all by himself,” Kiley said. “The Legislature abdicated its responsibility. The people have no representation at all.”
Kiley said Assembly Speaker Anthony Rendon suspended the Assembly’s return until July 27, leaving only one month to consider legislation and provide needed constitutional oversight. “This comes after the Legislature’s two-month absence earlier this year and a three-week summer recess.”
While recent positive COVID-19 cases in the Capitol must be addressed with the utmost seriousness, shutting down the legislative branch is not the answer, Kiley said. He added it was surprising that the Legislature had no plan in place for the inevitability of someone in the Capitol testing positive for COVID-19. “Everyone thinks any COVID death will be placed on their shoulders.”
But the Legislature opened that Pandora’s box when it introduced a bill to allow employees who were sick with coronavirus to file workers’ compensation claims against their employers, claiming the illness as a workplace injury, and the employers’ fault, California Globe reported.
With the Legislature gone, “that leaves all power in the hands of one person,” Kiley said. “It results in no public input, no oversight, and worse policy – including on matters of public health that affect all 40 million Californians.”
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