Anonymous ID: b39b76 Nov. 14, 2020, 3:38 p.m. No.11647327   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>7342 >>7358 >>7383 >>7395 >>7464

https://www.kcra.com/article/judge-newsom-overstepped-authority-with-mail-in-ballots-mandate/34675185

 

SACRAMENTO, Calif. โ€”

A Sutter County judge finalized a ruling Friday night saying Gov. Gavin Newsom overstepped his authority when mandating all Californians receive mail-in ballots for the Nov. 3 general election.

 

The lawsuit stemmed from an executive order that was issued before the legislature passed a similar law. Two Assembly members โ€” James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin) sued, claiming that the governor did not have the authority to issue this order.

 

The executive action was taken as part of the California Emergency Services Act, or CESA, which gives Newsom special powers during a public emergency โ€” in this case the novel coronavirus pandemic. Newsom signed an executive order that mandated all registered voters receive vote-by-mail ballots and allowed counties to reduce precincts on Election Day if they provide in-person voting centers for at least three days prior as a way to mitigate the spread of COVID-19.

 

In the ruling Friday, Judge Sarah Heckman said Newsom does not have the authority to amend or change existing law โ€” even during a public emergency. The ruling also put a permanent injunction on Newsom, prohibiting him from changing existing law under CESA.

 

"Executive Order N-67-20 issued by the Governor on June 3, 2020 is void as an unconstitutional exercise of legislative power and shall be of no further force or effect," the ruling said. "The California Emergency Services Act (CA Government Code ยง8550 et seq.) 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. โ€œ

 

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