President Donald Trump and Republicans won a victory in one of the many election cases it has nationwide.
The case was brought against California Gov. Gavin Newsom who used the coronavirus pandemic to mail ballots to every California voter, BizPac Review reported.
President Donald Trump, a fierce critic of universal mail-in balloting, sort of won a late, tacit victory Friday when a California judge voided an executive order that had permitted state officials to mail ballots to every resident in the Golden State.
In her ruling, Superior Court of Sutter County Judge Sarah Heckman slammed Gov. Gavin Newsom for having used the coronavirus pandemic to justify issuing the order.
Back in June, the governor exploited the California Emergency Services Act to sign an executive order that implemented universal mail-in balloting.
Two Republican lawmakers — California Assemblymembers James Gallagher and Kevin Kiley — promptly filed suit and won a temporary injunction. However, the injunction was quickly overturned by an appellate judge, according to station KCRA.
“We see this as an opportunity to change the way we do business and the way we govern,” Kiley told KCRA of his suit in October. “I think that is a very dangerous thing. And he’s made good on his word and he’s been issuing order after order after order. That affects all facets of all of our lives without any of us—not me as a legislator, not any of us as citizens, having any say in the matter.”
A temporary restraining order was issued against Gov. Newsom’s order but an appeals court overturned the lower court’s ruling.
“It’s not disagreeing. In fact, Kevin Kiley and I both voted for doing an all-mail ballot election, right? It’s not the issue of, do we dislike the policy,” Gallagher told the network. “It’s ‘Hey, we live in a democracy, where there are three branches of government,’ right? And he’s not allowed to legislate. That’s our job at the state legislature, and he can’t basically take over our job. And, there are implications if we allow one man to do that.”
Newsom appeared to be thrilled with the appeals court deciding in his favor.
“The tentative ruling makes clear that the Governor’s statutory emergency authority is broad, and constitutional, and that the Governor has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californian,” the governor’s office said.
“Additionally, this ruling has absolutely no effect whatsoever on the current election. We strongly disagree with specific limitations the ruling places on the exercise of the Governor’s emergency authority and are evaluating next steps,” it said.
But Judge Heckman has obliterated that ruling and said that the governor’s order is “void as an unconstitutional exercise of legislative power and shall be of no further force or effect.”
She said that the governor exploited California Emergency Services Act and said that it “does not authorize or empower the Governor of the State of California to amend statutory law or make new statutory law, which is exclusively legislative function not delegated to the Governor under the CESA.”
The fact is it was extremely unlikely that the president was going to win in California and the ruling does not do anything to effect the 2020 election, but if Democrats have designs on doing this type of ridiculous voting in the future it sets a precedent to potentially stop them.