Sutter County Superior Court Judge Sarah Heckman ruled earlier this month that Gov. Gavin Newsom exceeded his authority by issuing an executive order requiring vote-by-mail ballots to be sent to all registered California voters before the November 2020 general election. The decision, which the Court of Appeal has stayed pending its own review, states in part that the executive order “is void as an unconstitutional exercise of legislative power and shall be of no further force or effect” because the governor overreached his authority by changing state law.
The decision should be overturned on appeal for three reasons: the legislature and the Emergency Services Act (ESA) permit this executive action; the challenged executive order did not improperly “amend” any statutes; and the decision is an impermissible advisory opinion. Even if the decision were correct, the issue is moot because the legislature authorized the governor’s action by passing similar bills, and because the election already happened.
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