Two California Voters File Federal Lawsuit Against Gubernatorial Recall

On August 14, two California voters filed a federal lawsuit, alleging that the California gubernatorial recall election rules violate the U.S. Constitution. Here is the 11-page brief in Beaber v Weber, c.d., 2:21cv-6558. Thanks to Politico for the link.


Comments

Two California Voters File Federal Lawsuit Against Gubernatorial Recall — 18 Comments

  1. California’s Governor and his cronies will throw everything they have to disrupt the recall process and try to over turn it if the present Governor is recalled by the voters. They love democracy as long as they can be corrupt and suck the life out of America from it.

  2. @Casual … I know Demo Rep is bad, so, per ZZ Top, I also thought he was nationwide.

    @BigDaddy … actually, these aren’t the only questions and issues about Cal recall law; unfortunately, the Grey Davis recall being held without these types of legal challenges sort of set precedent on some issues. There’s been discussion both here and at Independent Political Report.

  3. Old Democrat charge – stopping people from voting in Georgia is attack on Democracy!
    New Democrat charge – letting people vote in California is attack on Democracy!

    So, like Republicans, Democrats are sincerely committed to Democracy except when they think it will get in the way of their power.

  4. Pretty weak lawsuit.

    Who is Beaber and why does he have standing?

    Hopefully, Weber will take the full 21 days to respond.

  5. I believe they’re factually incorrect. Every voter gets two votes. However you vote on the recall, you still get to vote in the election for the potential successor. It’s just that if the recall fails, the other vote is intersting, but meaningless.

  6. Socratic, I think the text lends itself to the interpretation applied in 2003. The recalled officer is removed and the election winner is his successor. No “vacancy” occurs just as the LG doesn’t switch in during the mechanics of a regularly scheduled inauguration. Interesting that last bit that standing on questions surrounding vacancy is restricted.

  7. @SG,

    The second vote is in the California Constitution.

    It would be nonsensical to not read the recall provisions as a whole, and assume that earlier provisions for handling vacancies due to death, resignation, etc. overrode the new provisions.

    The legal blatherers are saying the California Constitution violates equal protection. The remedy is to reduce California representation in the House of Representatives.

  8. The gerrymander hacks write laws (esp election laws) with about ZERO effort to look at state constitutions.

  9. SEE

    Some Legal Scholars Question Constitutionality of California Gubernatorial Recall Rules
    Posted on August 16, 2021 by Richard Winger

    Demo Rep on August 16, 2021 at 11:26 am said:

    CA Const Art II (newer) vs Art V (older)

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