Published On: Tue, Aug 17th, 2021

Federal Lawsuit Claims California Recall Election Unconstitutional

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Offering voters the chance to recall California Gov. Gavin Newsom goes against the U.S. Constitution’s “one person, one vote” legal standard, a new lawsuit claims. The recall election is slated to take place Sept. 14, and many voters have already received absentee ballots. The lawsuit, filed by two eligible voters, seeks to stop the election. The six-page filing claims that recall elections run counter to constitutional requirements, including that votes must “be of equal weight and power.” But the recall provision in the California Constitution “does not establish a way for votes to be of equal weight and power, since the state officer sought to be recalled specifically is prohibited from running and cannot run to replace her/himself,” the suit states. “Most importantly, it creates a situation in which a larger plurality can support keeping the elected officer in office, while a smaller plurality has more say in whom the …

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