Sunday, November 15, 2020

Court rules California governor's administrative order to distribute mailed ballots before the election is unconstitutional

Reporter : Li Ming / Editor: Mei Lan / https://www.ntdtv.com/gb/2020/11/15/a102987801.html / Direct translation

Image : On May 1, 2020, Americans held placards outside the San Francisco City Hall, California, to protest against the state's Governor Gavin Newsom. (Justin Sullivan/Getty Images)


The campaign team of US President Trump recently launched a legal battle against irregularities and suspected fraud in the general election. On Friday (November 13), the California High Court ruled that the state's Governor Gavin Newsom issued an administrative order before the general election to distribute ballots by mail to all voters unconstitutional.

According to Fox News, on November 13, local time, Sutter County Supreme Court Judge Sarah Heckman made a ruling that California Democratic Governor Newsom made an order before the election Issuing mailed ballots to voters across the state is unconstitutional.

The ruling held that even during the epidemic, the California Emergency Services Act (hereinafter referred to as the "emergency law") did not give the governor the power to change the current law. Only the legislature has the power to modify existing legal provisions. Newsom’s ultra vires behavior may set a bad precedent. Therefore, the court ruled that he is prohibited from changing any existing laws on the basis of the "emergency law" in the future.

On June 3 this year, Newsom arbitrarily invoked the "emergency law" to sign an administrative order to preemptively distribute mailed ballots to registered voters throughout California. This action was sued by California State Representatives James Gallagher and Kevin Kiley, accusing Newsom of violating the governor's authority. According to California law, it is the responsibility of the legislature to amend the law. It is quite dangerous for the governor to issue an order that violates the current election law without the normal legislative procedures.

Before the US election this year, all states under the control of the Democratic Party used the epidemic as an excuse to vigorously promote mailing votes to voters in all states. However, some analysts pointed out that the widespread distribution of mailed ballots without the voter applying for absentee voting procedures will leave a lot of room for cheating on illegal ballots. Especially in the process of counting and counting votes, if the legitimacy of the ballots cannot be guaranteed, the legitimacy and fairness of the general election cannot be guaranteed.

In fact, after the balloting day of the general election, there have been cases where voters broke out of repeated voting without being tested. In some states, there are even illegal acts of deliberately releasing illegal ballots or openly letting election officials repair unqualified ballots.

Trump's lawyer Giuliani recently publicly pointed out that Philadelphia, Pennsylvania, secretly counted about 120,000 votes without the supervision of a scrutineer. This is a violation of the relevant provisions of the election law.

On November 5, North Carolina voter Richard Becht broke the news to the media that he voted twice, but the voting record system has not been tested. He believes that the government's inspection system for illegal votes has loopholes. However, local election officials responded that at present they do not know where the problem of repeated voting is or how many similar cases there are.

As early as October of this year, the Trump campaign team had publicly warned that someone had repeatedly delivered multiple votes in Pennsylvania.

On October 14, the Trump campaign revealed to the media that in Philadelphia, Pennsylvania, someone was found to repeatedly deliver votes to the ballot box (dropbox). The video footage shot that day showed that two or three people had posted multiple ballots.

Couns, the lawyer appointed by the Trump team, pointed out that according to Pennsylvania law, except that people with disabilities can entrust others to help deliver ballots, each voter can only deliver ballots for himself. Repeated voting is illegal.



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