Many Governors across the United States have been accused of wielding unconstitutional powers over their states during the COVID-19 pandemic. Governor Newsom has signed 53 Executive Orders. California’s Constitution states that in State of Emergency that the Governor may add, amend or strike regulations, which define statutes, but may only strike statutes (aka laws). The Governor cannot add or amend statutes during an emergency, or any other time, through Executive Orders.

Assembly Members Kiley and Gallagher filed a lawsuit this summer contesting Executive Order N-67-20, which related to sending mail-in ballots to every registered voter in CA. They argued that this was a change to statute which the Governor did not have the right to order. Earlier this week the California Superior Court in Sutter County ruled in favor of Kiley and Gallagher challenging Gavin Newsom's abuse of power. The Judge tentatively ruled Newsom violated the Constitution and also found good cause for a permanent injunction restraining the Governor from issuing any future unconstitutional orders. The full ruling can be read here: [link removed]

What does this mean?

The Executive Order N-67-20 is null and void. However, the CA legislature passed AB860 ( [link removed] ) this year which still stands and allowed for mail-in ballots to be sent to all registered voters.

Other Executive Orders signed by the Governor over the past 8 months, which have added or amended statutes will remain in effect during the state of emergency, unless they are contested in court in the future. A full list of those has been compiled by Assembly Member Kiley: [link removed]. If any of these Executive Orders that change statute affect you negatively, this court ruling may give you reason to consider a court case to strike them. A Voice for Choice Advocacy is consulting with our lawyers to determine if there is any recourse to be taken with those that relate to public health.

The judge affirmed that future Executive Orders cannot change or amend statutes: “Gavin Newsom, in his official capacity as Governor of the State of California is enjoined and prohibited from exercising any power under the California Emergency Services Act (Government Code $ 8550 et seq.) which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.” He can still strike statute, or add, change or amend regulations.

The ruling is "tentative," meaning Newsom has a few days to try to persuade the Judge to change her mind, but it's rare for a tentative ruling to change. Newsom can appeal. Given the mail-in ballot was resolved by the legislature and no other prior Executive Orders have been rescinded with this ruling, we will see if he does.

So for now, Governor Newsom’s autocracy is held at bay and our state is returned to the legislature creating laws, rather than the Governor.

Together we can make change happen!

C
Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected]
www.AVoiceForChoiceAdvocacy.org
www.avoiceforchoiceadvocacy.org
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