In one of President Donald Trump’s many election cases nationwide, he and the Republicans have gotten their first victory. This particular case was filed against California Governor Gavin Newsom, who used the coronavirus pandemic to mail ballots to every California voter.
According to BizPac Review’s report:
Superior Court of Sutter County Judge Sarah Heckman criticized Governor Newsom for taking advantage of the coronavirus pandemic to justify issuing the order.
In June, Newsom had exploited the California Emergency Services Act to sign an executive order that implemented universal mail-in balloting.
Kiley told KCRA of his suit in October, “We see this as an opportunity to change the way we do business and the way we govern.” Kiley also mentioned: “I think that is a very dangerous thing. Newsom made good on his word also he has been issuing order after order after order. These things affect all facets of all of our lives without any of us—not me as a legislator, not any of us as citizens, having any say in the matter.”
A temporary restraining order was filed against Governor Newsom’s order, but it was quickly overturned by an appeals court.
“It’s not disagreeing. In fact, Kevin Kiley and I both voted for doing an all-mail ballot election, right? It’s not the issue of, do we dislike the policy,” Gallagher told the network. “It’s ‘Hey, we live in a democracy, where there are three branches of government,' right? And he’s not allowed to legislate. That’s our job at the state legislature, and he can’t basically take over our job. And, there are implications if we allow one man to do that.”
Newsom’s office saw the overturning as a chance to defend his executive order. “The tentative ruling makes clear that the Governor’s statutory emergency authority is broad and constitutional, and that the Governor has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californians.”
“Additionally, this ruling has absolutely no effect whatsoever on the current election. We strongly disagree with specific limitations the ruling places on the exercise of the Governor’s emergency authority and are evaluating next steps,” it said.
However, Judge Heckman overturned that ruling and said that Newsom’s order is “void as an unconstitutional exercise of legislative power and shall be of no further force or effect.”
According to Heckman, the governor took advantage of the California Emergency Services Act and said that it “does not authorize or empower the Governor of the State of California to amend statutory law or make new statutory law, which is exclusively legislative function not delegated to the Governor under the CESA.”
This ruling does nothing to affect the 2020 election results, but this sets a precedent to stop the Democrats from doing anything fishy in the future.