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Thu Aug 12, 2021, 03:45 AM

There Is a Problem With California's Recall. It's Unconstitutional.

The most basic principles of democracy are that the candidate who gets the most votes is elected and that every voter gets an equal say in an election’s outcome. The California system for voting in a recall election violates these principles and should be declared unconstitutional.

Unless that happens, on Sept. 14, voters will be asked to cast a ballot on two questions: Should Gov. Gavin Newsom be recalled and removed from office? If so, which of the candidates on the ballot should replace him?

The first question is decided by a majority vote. If a majority favors recalling Mr. Newsom, he is removed from office. But the latter question is decided by a plurality, and whichever candidate gets the most votes, even if it is much less than a majority, becomes the next governor. Critically, Mr. Newsom is not on the ballot for the second question. By conducting the recall election in this way, Mr. Newsom can receive far more votes than any other candidate but still be removed from office. Many focus on how unfair this structure is to the governor, but consider instead how unfair it is to the voters who support him.

Imagine that 10 million people vote in the recall election and 5,000,001 vote to remove Mr. Newsom, while 4,999,999 vote to keep him in office. He will then be removed and the new governor will be whichever candidate gets the most votes on the second question. In a recent poll, the talk show host Larry Elder was leading with 18 percent among the nearly 50 candidates on the ballot. With 10 million people voting, Mr. Elder would receive the votes of 1.8 million people. Mr. Newsom would have the support of almost three times as many voters, but Mr. Elder would become the governor.
https://www.nytimes.com/2021/08/11/opinion/california-recall-election-newsom.html?action=click&module=Opinion&pgtype=Homepage

[Great legal opinion piece written by Erwin Chemerinsky and Aaron S. Edlin. Chemerinsky is the dean of the School of Law at the University of California, Berkeley, and the author of the forthcoming book “Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.” Mr. Edlin is a professor of law and of economics at Berkeley.]

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Reply There Is a Problem With California's Recall. It's Unconstitutional. (Original post)
SunSeeker Aug 12 OP
Mike Nelson Aug 12 #1
jimfields33 Aug 12 #2
Rollo Aug 12 #3
MichMan Aug 12 #4
SunSeeker Aug 12 #8
MichMan Aug 13 #9
SunSeeker Aug 13 #10
Celerity Aug 12 #5
Merlot Aug 12 #6
SunSeeker Aug 12 #7

Response to SunSeeker (Original post)

Thu Aug 12, 2021, 03:58 AM

1. The only way...

... a Republican can win, here. A scam.

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Response to Mike Nelson (Reply #1)

Thu Aug 12, 2021, 04:13 AM

2. That is true.

However, California has supermajority in the state congress and a democratic governor and should have changed the rules after the last recall election. The question is why didn’t they?

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Response to SunSeeker (Original post)

Thu Aug 12, 2021, 04:24 AM

3. Yes, the recall process in California is flawed...

And I don't see why we don't use an impeachment process instead, if someone is really terrible.

Newsom has been fine, but this recall is trying to squeeze in a Republican governor using an underhanded manner.

One solution would be to let the governor being recalled also be a candidate in the plurality choices.

The only good thing about this whole affair, besides the possibility that the recall will fail, is that whoever replaced Newsom will have to run on their own again next year.

Of course, I also don't think Gray Davis should have been recalled some two decades ago, either.

Normally I'm proud to be a long time Californian, but this sort of crap is embarrassing.

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Response to SunSeeker (Original post)

Thu Aug 12, 2021, 07:18 AM

4. Why aren't there any Dems running?

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Response to MichMan (Reply #4)

Thu Aug 12, 2021, 10:50 PM

8. Because Dems support Newsom.

Running for governor implies you support the Republicans' recall of Newsom.

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Response to SunSeeker (Reply #8)

Fri Aug 13, 2021, 01:49 PM

9. I would call it hedging your bets just in case

If the recall is successful, that will end up being a very short sighted decision.

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Response to MichMan (Reply #9)

Fri Aug 13, 2021, 03:26 PM

10. Putting a Dem on the list encourages a yes vote on the recall.

It would be an admission that Newsom should be recalled. It is not "very short sighted." State Dems are very well aware of the risks involved. It was a calculated decision. They may have guessed wrong, but it would not have been due to being "short sighted." They went into this with eyes wide open.

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Response to SunSeeker (Original post)

Thu Aug 12, 2021, 10:12 AM

5. K & R for visibility

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Response to SunSeeker (Original post)

Thu Aug 12, 2021, 04:35 PM

6. This is saying what I've been thinking - but much better

If we end up with a governor who only got 20 percent of the vote this is no longer a democracy.

If he is recalled there should be a general election with real candidates. The recalled gov should be automatically replace by the lt gov.

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Response to Merlot (Reply #6)

Thu Aug 12, 2021, 10:47 PM

7. Exactly. nt

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