Calif. Judge Rules Gov. Newsom's Executive Mail-In Ballot Order 'Unconstitutional Exercise of Legislative Power'

Nick Kangadis | November 16, 2020
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Some have called into question the actions of separate state’s governors in response to some of the draconian measures they have implemented during the Chinese coronavirus pandemic. After the fact, a California judge ruled last Friday that Democrat Gov. Gavin Newsom’s early-June executive order to issue mail-in ballots to every single Californian was “an unconstitutional exercise of legislative power.”

Basically, Newsom didn’t have the authority to change the state’s election practices through executive action even during a pandemic. However, the decision does not affect the results of the 2020 election.

“Executive Order N-67-20 issued by the Governor on June 3, 2020 is void as an unconstitutional exercise of legislative power and shall be of no further force or effect," Judge Sarah Heckman said in the ruling. ”The California Emergency Services Act (CA Government Code §8550 et seq.) does not authorize or empower the Governor of the State of California to amend statutory law or make new statutory law, which is exclusively a legislative function not delegated to the Governor under the CESA.”

The ruling follows a tentative ruling the week prior, to which Newsom’s office released a statement conveying their disappointment.

“…this ruling has absolutely no effect whatsoever on the current election,” the statement read, according to KCRA. “We strongly disagree with specific limitations the ruling places on the exercise of the Governor’s emergency authority and are evaluating next steps.”

Fox News reports that there has been no follow-up statement as of yet, and a look at Newsom’s Twitter account doesn’t show any new statement.

The decision comes amid renewed pandemic fears instilled into the public by governors and mayors in some states and cities, including New York, Virginia and Chicago. Lockdowns, stay-at-home orders and mandates have been ordered in those aforementioned places.

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