A California judge on Monday issued the proposed ruling in favor of two Republican state lawmakers, who have filed an abuse lawsuit against Democratic Gavin Newsom.
Executive Order N-67-20, which Newsom signed in June, requires counties to send letters to all eligible voters to vote by mail by Election Day and set a ballot score.
MPs James Gallagher, City of R-Yuba and Kevin Kiley, R-Rocklin, opposed Newsom’s order in court, arguing that Newsom’s Emergency Services Act – was implemented in March amid pandemic Coronavirus is booming – stopped the governor from issuing more executive orders or creating new laws.
Sutter County Judge Sarah Heckman sided with their lawsuit declaring Newsom’s executive order unconstitutional. As part of the ruling, Heckman issued a permanent order preventing the Democratic governor from issuing unconstitutional additional orders.
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“We argued that the California Emergency Services Act did not provide a one-person rule. Today, the Court has agreed with us, ”Gallagher and Kiley said in a joint statement. “This is a victory for the division of power. The Governor went on to create and change state law without public participation and without the consideration process provided by the Legislature. Today the judiciary handed him the necessary check and the Constitution required.
The ruling, for now, is still a tentative decision and is not expected to affect the election or the state’s decision to send ballots to eligible California voters.
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It was not immediately clear whether the governor immediately planned to appeal Heckman’s decision. Newsom’s press office did not respond to Fox News’s request for comment.