Larry Elder Files Lawsuit Against CA Sec. of State After Being Left Off Gov. Recall Candidate Roster

Yesterday, we reported that Republican Larry Elder threatened to see the California’s Democratic Secretary of State Shirley Weber “in court” if a decision to leave him off the governor recall candidate roster is not reversed.

It appears that Elder did not waste any time in making good on that threat, as he announced today that he has indeed filed a lawsuit about the matter.

In a tweet, Elder said, “I’ve filed a lawsuit against CA Sec. State Shirley Weber to compel her office to place me on the ballot.”

“I’ve complied with everything the law requires of me to run in this recall election against Gavin Newsom,” Elder added, directing inquiries regarding the lawsuit to his website, although thus far there was no information on the site.

Newsmax noted in an article on the lawsuit that Elder is facing a narrow window of time for the court to make a change as the election less than two months away.

Local election officials already are arranging for ballots to be printed and mail-in ballots go out next month, they pointed out as well.

From Newsmax:

Other Republicans who qualified to run include former San Diego Mayor Kevin Faulconer, reality TV personality and former Olympian Caitlyn Jenner, businessman John Cox, who was defeated by Newsom in 2018, and state legislator Kevin Kiley.

Elder’s campaign argued that under state law, Weber has the authority, if not the duty, to “fix” any redaction errors for the public. Also, the campaign said Weber’s office has not informed Elder of its specific objections to the filing of his tax returns, and by denying voters the ability to choose Elder on the ballot Weber was “effectively engaging in voter suppression.”

The campaign also said Weber’s decision violates the equal protection clause of the California Constitution because Newsom did not have to comply with the same tax return disclosures.

“I am waging a legal battle to run as the candidate for Californians who are tired of the partisanship and entrenched interests of Sacramento. I fully expect to be on the final certified list of candidates,” Elder in a statement.

Voters will be sent a ballot with two questions: Should Newsom be recalled, and who should replace him. If more than half of voters say “yes” to the first question, then whoever on the list of potential replacements gets the most votes is the new governor of the nation’s most populous state. With numerous candidates and no clear front-runner, it’s possible the someone could win with less than 25% of the votes.

The push to oust Newsom is largely rooted in frustration with long-running school and business closures during the pandemic that overturned daily life for millions of Californians.

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