Tuesday, August 17, 2021

Federal lawsuit challenges California recall as unconstitutionalPOLITICOSearchSearchClose

Gubernatorial recalls in California involve a two-part ballot. Voters are asked whether to recall the sitting governor, then who should replace the governor. If a majority of voters oust Newsom, whichever candidate receives the most votes on the second question would replace him.

That allows a replacement candidate to be elected with a small plurality — and potentially with far fewer votes than the number of votes cast to keep the current governor. While polls show Newsom in a tight race to stay in office, the leading Republican contender to replace Newsom has consistently registered support from a quarter or less of the electorate.

Constitutional law expert Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, raised that precise scenario in a New York Times op-ed last week arguing California’s recall process is unconstitutional. Chemerinsky and law and economics professor Aaron Edlin argued for altering the rules to allow governors stand as candidates on the second question and advocated for a legal challenge compelling the courts to intervene.

via www.politico.com

I agree it's a stupid way to structure an election but I can't see it as an EPC violation. Perhaps it's a violation of the Guarantee Clause though.


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