Judge Slaps Down Gavin Newsom Over Mail-In-Ballots — So Why Would Trump Be Smiling?

Written by Wes Walker on November 17, 2020

What would one minor ruling in a state that was never considered a ‘battleground’ make a difference in Trump’s current court challenge? Maybe nothing, or maybe something Yuge.

Unless you just woke up from a coma, you know that election 2020 has been a complete cluster… something-or-other. (Kids, ask your dad. He’ll know how that sentence ends.)

Until now, most of the nation’s attention has been focused on a handful of states where the Electoral College result hangs in the balance. Nobody has paid much attention to the ‘safe’ states that have gone solidly for one team or the other.

But that was before this ruling came down the pike.

Judge Sarah Heckman of the Sutter County Superior Court said Governor Gavin Newsom lacked the authority needed to amend or change existing elections law. Newsom did so under the guise of an emergency due to the COVID-19 epidemic. However, Heckman said that wasn’t even reason enough to trample election law with the Executive Order that required all Californians receive vote-by-mail ballots for the Nov. 3 general election.

The executive action was taken as part of the California Emergency Services Act, or CESA, which gives Newsom special powers during a public emergency — in this case the novel coronavirus pandemic. Newsom signed an executive order that mandated all registered voters receive vote-by-mail ballots and allowed counties to reduce precincts on Election Day if they provide in-person voting centers for at least three days prior as a way to mitigate the spread of COVID-19. -KCRA Television California

…This lawsuit stemmed from Newsom’s executive order that was issued before the legislature passed a similar law. See how he did it. It was a two for one. Newsom made sure he issued an executive order he had no right to issue and then he insured that his friends in the legislature would go along with it, in case anyone figured out earlier that he far exceeded his authority.

There were only two assembly members — James Gallagher, R-Yuba City, and Kevin Kiley, R-Rocklin, sued, saying that Newsom did not have the authority to issue the order. Wow, two Republicans held him accountable.

The 2020 general election was mired in corruption and COVID-19 was used as a tool by the Democrats to ensure they would muddy up the waters to give media President elect Joe Biden every fighting chance against to steal the win from President Trump. –SaraACarter

This might seem like an empty victory to Sara in the context of this one race. And from that perspective, it probably is. BUT–

This ruling can be cited by Team Trump to press their case forward in the courts.

This is a judicially-affirmed example of a point of conflict between the law as written, and actual electoral practices.

Will it mean electoral challenges and recounts in California? That’s up to Trump’s legal team. It seems like a bit of a longshot. BUT —

It does serve as one more data point that there has been a national pattern of improper application of the electoral rules as written. And if those rules can be shown to advantage one party over another, that could be significant. It might even broaden the scope of judicial interest beyond merely one local race, to a national disregard for electoral law as passed by State Legislators.