A federal judge ruled against a challenge to the constitutionality of the California recall of Democratic Gov. Gavin Newsom on Friday.
“First, as a matter of logic and common sense, it simply is not true that Plaintiff only gets to vote once while others get to vote twice. Plaintiff and all California voters have the opportunity to vote two distinct issues. The first is whether the Governor should be recalled,” the ruling said.
“No doubt, it would be cheaper and simpler to replace a sitting governor with the lieutenant governor. But for over one hundred years, California has chosen a different procedure. The United States Constitution does not prevent that,” it added.
The case arose when two University of California — Berkeley professors sued, alleging the recall was unconstitutional as a recall could lead to a new governor elected only by a small percentage of the state’s voters.
The ruling opposed the professors’ claim, affirming the current California recall process. The recall election is Sept. 14.
Conservative broadcaster Larry Elder has taken a prominent position among Republicans seeking to unseat Newsom.
Voting has begun. If you’ve received your ballot in the mail, vote YES on Question 1 to #RecallGavinNewsom
Vote for me, Larry Elder, on Question 2, because #WeveGotAStateToSave!
— Larry Elder (@larryelder) August 24, 2021
The election will serve as a possible surprise win for Republicans. The state has long been led by Democrats, offering a potential upset win in the traditionally blue state.