California Faces a Federal Lawsuit Over Its Election Recall
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.
Gubernatorial recalls in California involve a two-part ballot. Voters are asked whether to recall the sitting governor, then who should replace the governor. If a majority of voters oust Newsom, whichever candidate receives the most votes on the second question would replace him.
