[EL] Newsom recall lawsuit

Tue Aug 17 11:04:46 PDT 2021

California permits write-in votes in the bottom half of recall elections.  Although California requires write-in candidates to file a declaration of candidacy if they want their write-ins counted, nevertheless in theory Gavin Newsom and his supporters were always free to urge voters to write-in Gavin Newsom in the write-in space. Vote-counting equipment does electronically know which ballots have a write-in choice written in, and if a court wanted to, it could order the write-in tally for Newsom counted.

Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147 

    On Tuesday, August 17, 2021, 11:00:06 AM PDT, Christopher S. Elmendorf <cselmendorf at ucdavis.edu> wrote:  

Apropos Ned’s post below, some of you may be interested in the exchange Michael Morley and I had about this via Twitter. (Seehere andhere.) We both think the problem with the CA’s recall election procedure would be better analyzed through the lens of the ballot-access precedents, not 1p1v. I think there’s a constitutional problem; Michael is more skeptical.

Chris

------

Christopher S. Elmendorf

Martin Luther King, Jr. Professor of Law

UC Davis School of Law 

From:Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Rick Hasen <rhasen at law.uci.edu>
Date: Tuesday, August 17, 2021 at 8:36 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] FW: Election Law Blog: ELB News and Commentary

From: Election Law Blog <feedblitz at mail.feedblitz.com>
Sent: Tuesday, August 17, 2021 8:32:04 AM (UTC-08:00) Pacific Time (US & Canada)
To: Rick Hasen <rhasen at law.uci.edu>
Subject: Election Law Blog: ELB News and Commentary

To build off Ned's post, and setting aside the major laches problem to this lawsuit, Vik Amar and Evan Caminker at Justia have a pretty thorough defense of California's process, a process that disqualifies a recalled governor from seeking… Continue ...

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Election Law Blog: ELB News and Commentary

   - Qualifications for candidates running in California’s gubernatorial recall
   - Newsom recall lawsuit
   - Bernie Grofman: “How Best to do Prison Population Data Reallocation, i.e., How Best to Mitigate Prison Gerrymandering?”
   - 2021 Election Law Teacher Database Now Available
   - What new census data tell us about Pa.’s politics: More influence for Philly and Latinos, and a shrinking white vote
   - “Protect Democracy Joins Defamation Suit Against Project Veritas: Right-Wing Group Maliciously Lied About a PA Postmaster In the Aftermath of 2020 Election”

Qualifications for candidates running in California’s gubernatorial recall

By Derek Muller, August 17, 2021

To build offNed‘s post, and setting aside the major laches problem to this lawsuit, Vik Amar and Evan Caminker at Justia have a pretty thorough defense of California’s process, a process that disqualifies a recalled governor from seeking… Continue reading

Newsom recall lawsuit

By Ned Foley, August 17, 2021

Politico has a story on a new federal lawsuit raising a constitutional challenge to the procedures that California uses for its gubernatorial recall. The lawsuit follows upon aNY Times op-ed from last week by Erwin Chemerinsky and Aaron Edlin,… Continue reading 

Bernie Grofman: “How Best to do Prison Population Data Reallocation, i.e., How Best to Mitigate Prison Gerrymandering?”

By Rick Hasen, August 16, 2021

The following is a guest post from my UCI colleague Bernie Grofman: There are now eleven states that committed to using data on past home addresses of prisoners and locating them for redistricting purposes not in the prison but… Continue reading 

2021 Election Law Teacher Database Now Available

By Rick Hasen, August 16, 2021

You can download itat this link.

What new census data tell us about Pa.’s politics: More influence for Philly and Latinos, and a shrinking white vote

By Tabatha Abu El-Haj, August 16, 2021

>From Jonathan Tamari and Jonathan Lai at thePhiladelphia Inquirer: An interesting in-depth analysis of the potential political consequences of demographic changes in Pennsylvania—sadly, behind a firewall. Two key points beyond the headline: “Philadelphia and suburban Bucks, Chester, Delaware,…Continue reading

“Protect Democracy Joins Defamation Suit Against Project Veritas: Right-Wing Group Maliciously Lied About a PA Postmaster In the Aftermath of 2020 Election”

By Rick Hasen, August 16, 2021

Release:  Today, a Pennsylvania judge granted a postmaster’s motion to file an amended complaint in a lawsuit filed against the rightwing video production house Project Veritas and several individuals. The lawsuit concerns a series of defamatory videos, maliciously produced and… Continue reading
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