SACRAMENTO, Calif. (CN) — Gavin Newsom boasts a slew of advantages over the list of Republican challengers in California’s upcoming recall, including a mounting war chest and strong support from the state and country’s top Democrats.
But thanks to a paperwork flub and a feud with his handpicked Secretary of State, Newsom won’t be listed as a Democrat on the ballot unless a judge steps in.
With officials and lawmakers scrambling to set an election date, Newsom on Monday sued California Secretary of State Shirley Weber for not smoothing over a filing mistake he made 16 months ago. As it currently stands, the candidates lining up to replace Newsom can align themselves with a political party but the staunch Democrat will have no party preference next to his name on the ballot.
In the lawsuit filed in Sacramento County Superior Court, the first-term governor warns Weber’s decision stands to cause confusion and upend a law intended to provide voters with more information that he signed less than two years ago.
“The voters would be deprived of the very information the Legislature has deemed important for them to receive, all because the governor’s counsel inadvertently failed to file a form about the governor’s ballot designation at least 16 months before the recall election has been called,” the lawsuit states.
In the past, party preferences for office-holders facing recall weren’t listed on the ballot —as was the case in 2003 when former Governor Gray Davis was recalled — but following the successful recall of a Democratic state senator, the legislature and Newsom agreed in 2019 to make the update.
“By providing additional identifying information on the ballot, voters are able to make a more informed choice when deciding to retain or remove an individual from office,” states the legislative analysis for Senate Bill 151.
According to the lawsuit, Newsom’s lawyers filed an answer to the recall petition in February 2020 but didn’t file a notice of party preference with the secretary of state’s office. His lawyers discovered the “good faith mistake” earlier this month and appealed to Weber, also a Democrat, but were rejected.
“Weber, however, declined to accept the notice, necessitating this action,” the 14-page complaint continues.
Newsom clearly acknowledges the filing mishap but claims Weber can make changes as she’s yet to certify the recall and because the lieutenant governor hasn’t announced an official election date.
Last week Weber announced the recall effort will proceed to the ballot after a paltry number of voters asked to withdraw their signatures from the recall petition.
Recall attempts are far from uncommon, but successful ones at the state level are incredibly rare.
According to the National Conference of State Legislatures, just three governors have ever faced a recall election. Former Wisconsin Scott Walker staved off a recall most recently in 2012 while California voters swapped Democratic Governor Gray Davis for Republican Arnold Schwarzenegger in 2003.
Unlike the previous five attempts to recall Newsom — who is barely halfway into his first term — the latest easily qualified after gaining steam during the pandemic. Pundits point to several high-profile mishaps Newsom made during the pandemic, chiefly being caught on camera without a mask at a ritzy Napa dinner party and the struggle to reopen California schools.
After collecting over 1.7 million signatures — 225,000 more than what's needed to trigger a recall — the proponents are hoping voters will rally behind the current list of GOP candidates including former San Diego Mayor Kevin Faulconer and reality TV star Caitlyn Jenner.
Initially it was presumed the election would be set for November, but in recent weeks California Democrats have indicated it could be pushed up earlier. The majority party is looking to set the election as early as possible as coronavirus restrictions have largely been lifted and Newsom continues to enjoy relatively strong polling numbers.
To speed up the process, leading lawmakers last month said they will push for nearly $200 million in the next state budget to cover the costs associated with the to-be-determined recall date. Furthermore, Newsom on Monday inked legislation that will allow Weber to certify the recall before lawmakers and finance officials have completed a formerly required 30-day review of likely recall costs.
The rule change was introduced earlier this month by Democratic lawmakers after it became crystal clear the recall had qualified. Critics have accused the majority party and Newsom of “changing the rules during the middle of the game.”
“The Secretary of State's office has a ministerial duty to accept timely filed documents. Acceptance of filings beyond a deadline requires judicial resolution," Weber’s chief spokesperson Joe Kocurek told Courthouse News when asked about the lawsuit.
On the campaign trail and in advertisements, Newsom has painted the recall as a partisan attack backed by former President Donald Trump supporters and conspiracy theorists. He’s also lamented the fact a state judge gave the recall proponents extra time to collect signatures during the pandemic.
Now just months from the special election, Newsom also finds himself asking a judge to intervene in the recall, this time on his behalf. Newsom and his lawyers with Olson Remcho of Oakland, California, want the court to rule on the matter by July 12, noting the matter will likely play out further in an appeals court.
“Petitioner’s statutory rights, and the right of California voters to be accurately and fully informed about the recall election, will be irreparably injured if real party Weber is not ordered to accept Newsom’s party preference election,” the emergency petition concludes.
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