On August 24, the California Secretary of State filed this brief in Beaber v Weber, c.d., 2:21cv-6558. This is the federal lawsuit that argues the U.S. Constitution requires that Governor Gavin Newsom should be able to be listed on the second half of the recall ballot, as a candidate to succeed himself in the event a majority votes to recall him.

The brief points out that this system has been in the law since 1911. Also it criticizes the plaintiffs for not having filed the lawsuit sooner.