SACRAMENTO, Calif. _ A California judge on Friday suspended an executive order from Gov. Gavin Newsom that tells counties how to conduct a vote-by-mail election this November, temporarily blocking one of the emergency measures Newsom issued because of the coronavirus outbreak.
The setback to Newsom in Sutter County Superior Court may be short-lived. State lawmakers this week advanced bills that would effectively do what Newsom ordered in directing counties to send mail-in ballots for the upcoming election.
"COVID is not going to be gone by November," said Democratic state Sen. Richard Pan of Sacramento, during a lengthy Thursday Senate floor debate on the mail-in-ballot proposal Assembly Bill 860. "We need to ensure that we protect the foundation of democracy, which is the ability for everyone to vote. And we need to do it in a way that will ensure the health and safety of the people of California, of the voters."
The Senate passed the measure 31-7. The second proposal, Senate Bill 423, would institute the county voting requirements and is awaiting approval by the Assembly.
Newsom has handed down a number of executives orders since March, when the coronavirus outbreak reached California.
When he signed an executive order May 8 directing to send mail-in ballots to all registered voters, Newsom said expanding vote-by-mail would make it easier for more Californians to vote without catching or spreading the coronavirus. He characterized it as a "framework" and that he was working with lawmakers to flesh out the policy.
The lawsuit, filed by Republican Assemblymen James Gallagher and Kevin Kiley, turns on a second election executive order that dictates how counties should use polling places and mail-in ballot dropoff locations for the November elections.
The lawmakers allege that Newsom's voting order is a "usurpation of legislative power, and therefore cannot have the force of law."
Newsom's office says the restraining order issued Friday will not impede the state's ability to send every voter a ballot in response to the pandemic.
"The action taken by the court today does not impede or impact California's ability to move forward with the Governor's vote-by-mail executive order," Newsom spokesman Jesse Melgar wrote in a statement. "The state will continue advancing our efforts to ensure that Californians can exercise their right to vote in a safe and accessible manner during the general election this November, including through registered voters voting by mail."
Republican Assemblyman Kevin Kiley of Rocklin said the slew of executive orders Newsom has issued since the start of the pandemic has circumvented the legislative process. At times, Kiley charged, Newsom's decisions have had little to do with mitigating the spread of the virus.
"The governor has made no showing at all that changing the rules of an election five months away is within the scope of the emergency," Kiley said. "I'm not even saying he's wrong on all of (the orders). I'm saying we have a legislative process for a reason. And that's so we can hear reasons on all sides."
The lawsuit has a hearing scheduled for June 26.
Newsom's order also requires counties to make available at least one polling place per 10,000 registered voters available. The counties have to leave open the polling centers from Saturday, Oct. 31 to 8 p.m. on election night. At least one vote-by-mail dropoff post also has to be available per 15,000 voters.
Counties are also exempt under the order from having to hold any in-person public meetings on the preparation plans related to the election. Kiley said this portion of the order violates the "statutory right" for Californians to "weigh in" on the "how the election process is going to be designed and carried out."
"I want to hear from the affected communities," he said.
