Friday a State Superior Court judge granted a request by Republican Assemblymembers James Gallagher of Yuba City and Kevin Kiley of Rocklin for a temporary restraining order against Governor Gavin Newsom. The restraining order suspends the Governor's recent executive order regarding the way elections are conducted. Specifically, Newsom ordered that each county's elections officials send vote-by-mail ballots for the November 3, 2020 General Election to all registered voters. That executive order was issued on May 8th.
"Elections and the right to vote are foundational to our democracy," said Newsom at the time. "No Californian should be forced to risk their health in order to exercise their right to vote. Mail-in ballots aren’t a perfect solution for every person, and I look forward to our public health experts and the Secretary of State’s and the Legislature’s continued partnership to create safer in-person opportunities for Californians who aren't able to vote by mail."
The Governor's executive order changed a variety of state election laws, including the elimination of public meeting with protected groups such as Californians with disabilities and limited English skills, according to Gallagher and Kiley.
"This is a victory for separation of powers," they said. "The Governor has continued to brazenly legislate by fiat without public input and without the deliberative process provided by the Legislature. Today the judicial branch finally gave him the check that was need and that the Constitution requires."
The Governor's office did not immediately respond to the judge's decision.