An executive order issued by California Gov. Gavin Newsom that requires mail-in ballots be sent to every registered voter was struck after a judge who ruled it unconstitutional, according to the Washington Examiner.
Sutter County Superior Court Judge Sarah Heckman ruled against the order Monday, while also placing a permanent injunction prohibiting Newsom from issuing similar orders. The ruling, however, will not affect Tuesday's election since the California legislature already passed a vote-by-mail measure.
The ruling will be provisional for 10 days, during which time state Democrats or Republicans can object to the court's decision. Then the ruling will become final.
In May, Newsom issued the initial order mandating that all county officials send ballots to registered voters. By June, he has to issue a second order cementing the same mandate.
"The [California Emergency Services Act] allows the Governor, during a state of emergency, to issue orders and regulations and to suspend certain statutes, but the plain and unambiguous language of CESA does not permit the Governor to amend statutes or make new statutes," Heckman wrote in her decision. "The Governor does not have the power or authority to assume the Legislature's role of creating legislative policy and enactments. Because Executive Order N-67-20 amended sections of the Elections Code it exceeds the Governor's authority under CESA and renders Executive Order N-67-2O invalid."
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