Federal lawsuit challenges California recall as unconstitutional

[LetMyPeopleVote]

This is a very interesting lawsuit https://www.politico.com/states/california/story/2021/08/16/federal-lawsuit-challenges-california-recall-as-unconstitutional-1390127

Two California voters are challenging the legality of the state’s recall system less than a month before the Sept. 14 election, echoing concerns from constitutional scholars as Gov. Gavin Newsom fights for his political life.

A complaint filed in U.S. District Court for the Central District of California argues that the state's recall provision violates the equal protection clause of the U.S. Constitution by allowing sitting governors to be replaced by candidates who have received fewer votes. The plaintiffs, Rex Julian Beaber and A.W. Clark, want a court order either prohibiting the recall election or adding Newsom's name to the replacement candidate list. Elections officials have already sent millions of ballots ahead of a state deadline today......

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.

“The court could declare the recall election procedure unconstitutional and leave it to California to devise a constitutional alternative,” Chemerinsky wrote. “Or it could simply add Mr. Newsom’s name on the ballot to the list of those running to replace him. That simple change would treat his supporters equally to others and ensure that if he gets more votes than any other candidate, he will stay in office.”