The California Supreme Court on Wednesday refused to hear an appeal arguing that Gov. Gavin Newsom (D) acted illegally when he issued an executive order laying out procedures for a mail-in election, according to the Sacramento Bee.
The California Supreme Court denied the petition for review submitted by Assemblymen James Gallagher, R-Yuba City, and Kevin Kiley, R-Rocklin, which allows a lower-court ruling affirming Newsom’s powers to stand.
Gallagher and Kiley sued the governor last year, saying the Democrat acted illegally when he issued an executive order laying out procedures for a mail-in election. The lawmakers, who represented themselves in court, said Newsom had unconstitutionally used executive action under the California Emergency Services Act when he changed how the state would conduct elections that year. -Sacramento Bee
The appeal comes after the 3rd District Court of Appeals reversed a decision by a Sutter County Superior Court Judge, who sided with the GOP lawmakers last fall. The appeals court found in may that Newsom’s order complied with the state’s Emergency Services Act, giving him expanded powers in extreme circumstances.
“We conclude the issuance of such orders did not constitute an unconstitutional delegation of legislative power,” wrote the appeals court.
Gallagher tweeted his disappointment on Wednesday:
“I want everyone to understand what the CA Supreme Court passed on: Newsom changing your election laws overnight to 1) shorten the number of days you can vote; 2) eliminate traditional polling places; 3) eliminate the need for publicly noticed meetings with voting rights groups,” adding “We argued only the Legislature can amend law, can’t do that by EO it’s blatantly unconstitutional.”
We argued only the Legislature can amend law, can’t do that by EO it’s blatantly unconstitutional; Sutter Superior Court judge agreed with us; the 3rd District Ct of Appeal said during an emergency a Gov can change any law on any subject, Leg can end emergency if they don’t like
— James Gallagher (@J_GallagherAD3) August 12, 2021
Newsom staffer Erin Mellon said the administration was pleased with the court’s decision not to hear a “misguided attack on California’s Emergency Services Act” which allows the state to rapidly respond to emergencies.
“It’s a law that carefully balances the Legislature’s and Governor’s roles, and we’re glad the state Supreme Court recognized there was no need to entertain fringe legal theories that sought to upset that balance,” said Mellon.
