Gavin Newsom’s recall election slated for Sept. 14 is being stopped by a federal lawsuit submitted to the U.S. District Court for the Central District of California.
Behind the lawsuit were R.J. Beaber and A.W. Clark, the voters who argue the unconstitutionality of the recall elections as it refuses voters in favor of Newsom the equal protection of the law provided by the Fourth Amendment.
The allegations were also written in an op-ed published in the New York Times last week by Berkeley Law School Dean Erwin Chemerinsky who argues that Newsom “can receive far more votes than any other candidate but still be removed from office,” it goes against a “core constitutional principle that has been followed for over 60 years: Every voter should have an equal ability to influence the outcome of the election.”
Two separate questions will be voted by the people on the recall polls, one asking whether Newson shall be recalled and the other asking which candidate should take over the governor if he is recalled. Voters are being told by the California Democratic Party to not answer the second question.
“[California’s recall process] flies in the face of the federal legal principle of ‘one person, one vote,’ and gives to voters who vote to recall the Governor two votes — one to remove him and one to select a successor, but limits to only one vote the franchise of those who vote to retain him and that he not be recalled, so that a person who votes for recall has twice as many votes as a person who votes against recall,” part of the lawsuit reads.
It may be noted by the lawsuit opponents that nothing bars a pro-Newson voter from answering the second question. The question was put as “Candidates to succeed GAVIN NEWSOM as Governor if he is recalled” also included the word “if”, as reported by SFGate.
It could be argued by respondents that the question is not attached to the first question that goes: ‘If Newsom is recalled, which candidate would you prefer replace him?” This conveys an identical weight across the voters as pro- and anti-Newsom voters have the chance to choose a successor if Newsom fails to win in the first question.