In California, Governor Gavin Newsom doesn’t have the constitutional authority to change the law, simply because someone claims an ‘emergency.’
Newsom wrote an executive order that ordered all Californians receive mail in ballots… and they did.
But that was an abuse of power.
A ruling from a judge for California’s Sutter County Superior Court says that an executive order from the state’s Gov. Gavin Newsom is void.
“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,” the ruling states. “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 executive order from Newsom included a section calling for registered California voters to receive vote-by-mail ballots. Newsom reportedly issued the order prior to the state legislature approving a similar law.
“As provided by Executive Order N-64-20, all Californians who are registered (and otherwise eligible) to vote in the November 3, 2020 General Election shall receive vote-by-mail ballots,” part of Newsom’s order said.
The recent ruling also said that the court issued a permanent injunction blocking the governor from using power under the California Emergency Services Act that alters statutory law or creates statutory law or legislative policy.