Judge rules Gov. Gavin Newsom overstepped his authority

November 15, 2020

Gov. Gavin Newsom

In a primarily symbolic decision, a judge ruled Friday that Gov. Gavin Newsom did not have the legal authority to order vote-by-mail ballots sent to all California voters.

Sutter County Superior Court Judge Sarah Heckman ruled that even during a pandemic, Newsom does not have the authority to amend or change election law. The ruling does not impact the 2020 election.

In response to Newsom’s order for all mail-in-ballots, Republican assemblymen James Gallagher and Kevin Kiley filed a suit arguing that it is the legislatures role to change election law, not the governor’s.

Shortly after Newsom made his executive order, the Legislature passed similar legislation.

Even so, Judge Heckman ruled that Newsom’s order is void noting the governor does not have the authority to amend statutory law.

“The California Emergency Services Act does not authorize or empower the governor of the State of California to amend statutory law or make new statutory law, which is exclusively a legislative function not delegated to the governor under the CESA,” Heckman said.


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indabarrel

Can we please get rid of this A@#HOLE?


pigsrule

That doesn’t appear to be stopping his highness. He’s doubling down on the virus with a curfew. Authoritarian dictator want-to-be.


Gramelin

Just curious, How many here received more than 1 voter by mail form in the mail?


Jorge Estrada

The mass mailing of ballots was very intentional to recruit a demographic that would not perform in the past. “The apathy oriented voters”, those who are to lazy to go to the polls and vote. This was a great opportunity for them, a vote for what their needs are, more freebees.


Adam Trask

So, if I understand you correctly, you would like to see fewer Americans vote. You must believe that many of your countrymen are too stupid or ignorant to decide on the important issues of the day. And, that these Americans are lazy and evil and only want something from the government that they don’t deserve. It would be, in your opinion, unwise to let these unwashed masses actually voice an opinion.


Got it.


truther7

Kalifornia__Bud


Please read the comments from the article:


“In response to Newsom’s order for all mail-in-ballots, Republican assemblymen James Gallagher and Kevin Kiley filed a suit arguing that it is the legislatures role to change election law, not the governor’s.


Shortly after Newsom made his executive order, the Legislature passed similar legislation”


It helps to READ!


Gordo

Okay, so now what? The governor is going to continue to do whatever he wants. How is the judge going to reign in the governor. The judge can’t hand out political goodies, but the governor can, so who do you thing the California Secretary of State, attorney general and legislators are going to listen to?

Newsom gets to appoint somebody to the senate and that’s a mighty big carrot to keep the aforementioned in line.

The judges opinion isn’t worth the paper it is written on. In fact the court’s power is an illusion; the only way anybody goes along with anything they say is because they are backed up by men with guns (law enforcement).

With the defunding movement alive and well in California, LE has to take stock of the political winds and stay on the good side of the guy who can sign or veto the kooky legislation coming out of the Capitol that directly affects them.

When we only enforce those laws with which we personally agree the end of the American system of government will be at hand.


Adam Trask

You bring up an excellent point about the senate. I believe that Newsom should not appoint this position and there should be a special election as soon as possible. One qualified Democrat against one qualified Republican, chosen by the party apparatus. Although not legally required to do so, it would be the best way to assure that democratic values are upheld.


slo-to-load

You can say that, but the 17th amendment gives Newsom that prerogative. Just like when Jeff Sessions resigned to become Attorney General, Alabama’s Republican Governor Robert Bentley hand picked a fellow Republican to serve out Session’s term. I agree it seems a little unfair, but both parties do it all the time, so it is unlikely either party would support stopping the practice.


Kalifornia_Bud

I then request a re-count of all ballots.


Boldguy

A re-count in our one party state?

It used to be that the choice of candidates were made up of us versus them, now it’s all them, look at the local elections, especially Heidi Harmon:(

“When the people find that they can vote themselves money that will herald the end of the republic.”


― Benjamin Franklin


MrYan

They never said mail in ballots weren’t legal votes, just that Newson did not have the authority, at the time, to send them out to registered voters. His clerical error should not disenfranchise me or any other voter who got a ballot.

Same number of votes either way, so why bother recounting.


LeroyMoo

Ask yourself, where am I on the bell-curve of accountability compared to the rest? Years of investigation has shown me that at least 2% of people will lie or willfully disregard laws to get a desired outcome if given the chance, because they have no assets to lose and LE can’t get fines out of them. If ballots are forwarded to out of state people and to dead people, don’t you think those 2% get their little giddy arson-like feeling by thwarting someone else’s vote with a prepaid postage ballot?