OH look. They are going to an activist court to stop the whole Recall Election from even happening!
Election Hail Mary — California recall law unconstitutional?
As the recall election effort against California Gov. Gavin Newsom hits its stretch run, a new lawsuit filed by third parties has taken a different approach to head off the election – get California’s recall law declared unconstitutional.
A democracy where the voices of the people do not matter, is that what this lawsuit is all about.
The lawsuit, which was thrown out by a lower court but is being appealed…
On what grounds?
The argument for unconstitutionality rests on the fact California law uses a two-step form for its recall law. The sitting official faces a yes or no vote on whether they can stay in office. On the same ballot, voters choose the replacement. The ousted official is barred from the replacement race.
This is NOT a re-election election, this is a recall/replacement election. It is as simple as that.
Whatever the merits of the suit, the political optics are bad.
There is little reason to think voters prefer candidates who sue or use other means to stop or delay a recall once it is on the ballot. Instead, they may view the official as scared and looking to use loopholes to get out of a race.
Desperation.
Newsom has not tried to kill the recall attempt in court – but with some of his supporters doing just that, Newsom could pay the penalty for their effort. The possibility that voters see this suit as a sign of weakness is probably much greater than its chance of success in the courts.
Most likely because he knows his days are numbered and he would LOSE any court case, much less the actual voters.
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