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Government,
Constitutional Law

Sep. 1, 2021

The unconstitutional logic of California’s recall election

Governor Gavin Newsom faces the prospect of being recalled and replaced in an election in which he is the clear mathematical winner. If this seems nonsensical, it is.

Neil Auwarter

Staff Attorney
Appellate Defenders, Inc.

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Governor Gavin Newsom faces the prospect of being recalled and replaced in an election in which he is the clear mathematical winner. If this seems nonsensical, it is. And it violates the U.S. Constitutional guaranty that each person's vote be counted equally. The core illegality in California's recall provision, set out in California Constitution, Article II, Section 15, is that it requires the current governor to obtain a majority to retain office, but requires only ...

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