Judge Rules CA Gov Newsom Exceeded Authority with Election Order
Sutter County Judge Sarah Heckman shuts down Democratic California governor
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A judge has ruled that California's Democrat governor, Gavin Newsom, exceeded his authority when issuing an executive order in June.
On Monday, a CA judge issued a tentative ruling in favor of two Republican state lawmakers.
The pair had filed an abuse of power lawsuit against Gov. Newsom for his order dictating voting systems.
Newsom signed Executive Order N-67-20 in June, which requires that counties mail all eligible voters' mail-in ballots before Election Day.
The order also regulated the number of in-person polling stations.
Assemblymembers Kevin Kiley, R-Rocklin, and James Gallagher, R-Yuba City, challenged Newsom’s order in court.
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Newsom’s Emergency Services Act was implemented in March amid the burgeoning coronavirus pandemic, according to Fox News.
Kiley and Gallagher's challenge prevented the governor from issuing more executive orders or creating new laws.
Sutter County Judge Sarah Heckman has sided with their lawsuit in declaring Newsom’s executive order unconstitutional.
As part of the ruling, Heckman has issued a permanent injunction that prevents the Democratic governor from making additional unconstitutional orders.
“We have been arguing that the California Emergency Services Act does not provide for one-man rule,” Gallagher and Kiley said in a joint statement.
"Today, the Court agreed with us.
"This is a victory for separation of powers," the statement adds.
"The governor has continued to create and change state law without public input and without the deliberative process provided by the Legislature.
"Today the judicial branch again gave him the check that was needed and that the Constitution requires.”
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The ruling, for now though, remains a tentative decision and is not expected to affect the election or the state’s decision to mail ballots to eligible California voters.
It was not immediately clear if the governor planned to appeal Heckman’s decision.
Newsom’s press office has yet to make a statement on the ruling.
