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Larry Elder wins lawsuit, Judge Orders him placed on Recall Ballot

Larry Elder wins lawsuit, Judge Orders him placed on Recall Ballot

“Victory! My next one will be on Sept. 14 at the ballot box.”

As Leslie noted the other day, Larry Elder was removed from the California Recall ballot on some flimsy paperwork excuse. Elder went to court and won.

Politico reports:

At issue were the tax filings Elder had submitted to California elections officials in his bid to replace Gov. Gavin Newsom. Secretary of State Shirley Weber’s office said the documents Elder shared were improperly redacted. Elder went to court to fight back, and his case landed in front of Sacramento Superior Court Judge Laurie Earl just hours before Weber was set to certify the final list of candidates.

Elder brings the tentative total of recall candidates to 43.

In addition to ruling that Weber must place Elder on recall ballots, Earl also rejected Weber’s conclusion that recall candidates are covered by the 2019 state law compelling gubernatorial candidates in a “direct primary election” to release tax returns.

“I don’t find that Mr. Elder was required to file tax returns at all,” Earl said.

The Sacramento Bee has more on the pretext to remove Elder:

The dispute stems from a new law, signed in 2019, that requires gubernatorial candidates to release five years of tax returns. Both the judge and Elder’s attorneys pointed out various places in the statute that prevent it from applying to recall elections.

Jay Russell, attorney for the secretary of state, said the goal of the office was to provide the same transparency to voters as in a normal election

“The secretary is is seeking to hold the recall elections in a manner in a format that is, is as close to a regular election as possible,” Russell told the court.

As Rush used to say, they will always tell you who they fear. And they seem to fear Elder.

He’s stoked:

So what happens on September 14?

The ballot asks voters two questions: Should the governor be recalled? And if so, who should be the new governor? If the majority of voters say no to the first question, the second is moot. But if more than 50 percent vote yes, the candidate with the most votes becomes the next governor.

According to the California Secretary of State’s website, if Newsom is recalled, he cannot be the replacement candidate. That would seem to help someone like Elder who might gain momentum and name recognition.

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Comments

As an outsider looking in at California, I’ll be shocked if Newsom loses the recall vote. But one can hope.

    Olinser in reply to Rabel. | July 21, 2021 at 8:50 pm

    As somebody that lives in Commiefornia, I can honestly say I don’t care. Because whoever the progtards replace him with will be just as bad or worse.

    geronl in reply to Rabel. | July 22, 2021 at 12:06 am

    If I recall correctly there have only been 2 or 3 successful recalls in history, Gray Davis and some dude in 1921 North Dakota..

      jpwcpa in reply to geronl. | July 22, 2021 at 2:28 pm

      IIRC, the successful recall of Gray Davis led to The Governator taking office, so evidently name recognition is indeed helpful in a recall election.

Also, their recall methodology is absurd. If the vote is no, then the special interest group with the best plan can take the Governorship with no consideration of the will of the majority.

    redc1c4 in reply to Rabel. | July 21, 2021 at 8:59 pm

    they already have that: if the vote is “no”, Gruesome Newsom remains as governor, and he’s already bought & paid for.

If anyone really wants to help California, review the choices and send a few dollars to the candidate of your preference. Don’t tell me Newsom is a lock…this stunt proves to me his recall is much more likely than the mainstream press is reporting.

    Good luck with this crowd. “Real conservatives:” only fight for small states. Wait until most open of open borders Texas with nothing but sanctuary cities suddenly topples. Maybe then people will understand why we have to fight for the big states and cities. The 19th hole approach where no one gets their nails dirty.

    CA was a red state when I moved here but changed for good when Bush/Cheney (TX) swooped in and usurped the last recall election and crammed Arnold down our throats, the last Republican to win a statewide election. The year 2012 marked the first time since 1932 that CA failed to hold a single statewide seat.

    We never voted for this and as anxious as I am to leave this hell hole, I am really leery of making the mistake of moving to a brain-dead “red” state where the “real conservatives” are right on the edge of having it happen to them. Of course, it won’t be THEIR fault. They are “real conservatives”.

      artichoke in reply to Pasadena Phil. | July 22, 2021 at 10:59 am

      Yeah, Texas can be strange. I love lots of things about it. But they just passed a law making it a felony for a guy to patronize a hooker. A felony! A law proposed by a Houston Democrat.

      Now some poor guy in central or south Texas, with over 300 miles to the nearest state line, won’t dare just pay for mutually consensual professional service for his needs.

      This isn’t conservativism, but tyranny / matriarchy.

LukeHandCool | July 21, 2021 at 9:19 pm

Larry is such a lovable guy. An absolute mensch.

Larry absolutely said on his radio program that there was no theft of votes in Georgia enabled by Republicans He disbelieved that the Republican, who hold most offices in the State were in on it
He verbally disrespected a caller trying to persuade him
I was listening to his tasio show at the time
Not a fan of his anymore

    geronl in reply to gonzotx. | July 22, 2021 at 12:09 am

    I can see why some people might not believe it. I wonder if he has changed his opinion?

    I have the same exact problem with Ben Shapiro and the rest of the libertarians who remain Never Trumpers. Libertarians are NOT conservatives. The dumbest oft-quoted line from Elder is “capitalism is what happens when you leave people alone.” WRONG! Anarchy is what happens when you get rid of rules (aka regulation). If libertarians ran the NFL, football games would be called riots.

    Capitalism, unlike libertarianism, is NOT an ideology, It has a couple of basic rule that need to be efficiently regulated, like the Glass-Steagal act that the Republicans were so determined to repeal and which led to the 2008-9 global bank failure.

    I’m not crazy about Elder being the next CA gov but it would only be for a couple of years and would serve a purpose. I’m hoping Richard Grennell steps in for the next normal election. That is why we need to win big next year led by Trump. Having the GOP retake Congress is wasted if we blow our last chance to restore the corrupt eGOP to power.

      gonzotx in reply to Pasadena Phil. | July 22, 2021 at 7:29 am

      Grenell SHOULD have run this time, if Elders wins, he won’t run against him
      He had cancer and I don’t know if that has been influencing his decisions

        I think it would have been a mistake to run right now. One, the recall may fail resulting in his have wasted time and money for a 2-year term where he would have spent much of his time running for re-election. Tw0, anyone can win since there is no run-off. If 7% of the vote is the highest count by any candidate, there’s your governor.

        I think Grenell is a serious candidate who stands an excellent chance of winning in two years. I expect Elder would recognize that he won in a fluke election and couldn’t win in a real election. Plus it helps Elder win the special election and having him for two years would be a major improvement. I don’t hate the guy. There hasn’t been a single libertarian who has demonstrated that they can win a major election. They are NOT conservatives nor liberals and don’t have much of a constituency anywhere.

      Antifundamentalist in reply to Pasadena Phil. | July 22, 2021 at 10:18 am

      Libertarians tend to be just to the Right or Left of Center, depending on the issue in question. They are Conservative, compared to everyone who identifies as any brand of Left ideology. Pure Libertarianism wouldn’t do much for the country in terms of keeping order….However, the GOP has long since sold out to Corporate America to the detriment of Everyday people. So, how do we regain balance, if not by voting for more Centrist candidates? You know, those people who reject hard left and hard right all together and aim for a Strict Constitutional interpretation on the laws that we allow on the books?

        I don’t see libertarians as centrist candidates. Talk to any libertarian and see how deep you can get into their belief system. Most of them are just intellectually lazy or non-committal: “I’m economically conservative but socially liberal.” What is that? Then there are the few who are steeped in Hayek;s “The Road to Serfdom” economic theory but can’t explain how that would work in real life. My political philosophy is based on constitutional rights that would play out in a moral society that has a strong moral spine. Libertarians lack that most central of American convictions: we are not a society based on a complicated economic theory. We are a society based on constitutional freedoms that evolved over time around free markets that performed best when properly regulated. Today, we have runaway markets where there is no regulatory enforcement of the most critical requirements of even having a free market. “Laissez-faire” policy has resulted in rigged markets, rigged elections, rigged media, rigged science, rigged everything. That is the natural outcome of a society run by people who “lean libertarian”.

Please remember the first goal is to recall Newsom. He’s been a disaster for the state. Whoever replaces him is still going to have to work within the confines of a hostile legislature. The primary goal is to recall Newsom. At the end of the day, Elder is much closer to being a known quantity than the former Mister Kris Kardashian.

as a native #Failifornian, i relish in the cognitive dissonance that will set in if a black man, who happens to be conservative, is governor, and goes up against the, mostly white, Demonrat Legislature… let the cry of “racist” reverberate up and down the halls of Sacramento!

and all my lilly white lieberal neighbors, having to defend NOT voting for the first black governor of #Failifornia? #priceless

too bad crops are so FUBAR this year: it would be time to go long on popcorn futures!

over/under the SecState appeals? Bracero would, where he still in office, and not DC, i’m sure, just as he did with all of his losses to Judge Benetiz on 2nd A suits, even when he lost en blanc, as well as at trial.

Native Californian here. From a formerly red district. I’ve seen how politics and voting works in this once great state. It’s a cesspool of corruption. As much as Gavin needs to go – I’ve been lucky enough to have him as my mayor and, now, governor – it doesn’t matter in the grand scheme of things.

California is a Democrat super-majority. Having a GOP governor under that condition is the same as having Trump as POTUS. The Dems are going to block and fight anything and everything a Republican governor tries to do. And it will start hours after the election results are final. From laws curtailing the gov’s powers to impeachment proceedings, nothing will be off the table. I’m sure it’s already lined up in case they can’t cheat their way out of this….

And cheat they will. Remember 2018? Yeah, that’s when my district in Orange County, which has been red since the 1800s went blue. It was just a test run for 2020. What’s going to happen in 2022 and on Sept. 14?

The only way to defeat the cheating is getting out to vote. In person. It almost prevented the steal of 2020. Now that all eyes are on everything, maybe, just maybe, it will prevent it from happening again. Eternal optimist I am.