San Francisco Chronicle

Radio host, left off list for recall ballot, files suit

- By Alexei Koseff Alexei Koseff is a San Francisco Chronicle staff writer. Email: alexei.koseff@sfchronicl­e.com Twitter: @akoseff

SACRAMENTO — Conservati­ve talk radio host Larry Elder has sued California elections officials to get onto the recall ballot after he was left off a preliminar­y list of candidates seeking to replace Gov. Gavin Newsom.

Elder announced late Monday that he had filed suit in Sacramento County Superior Court against Secretary of State Shirley Weber to challenge his disqualifi­cation from the Sept. 14 special election for apparently submitting incomplete tax forms. Candidates for governor are required to provide five years of federal income tax returns, which were made available this week for public review.

In a statement, Elder said he had complied with all requiremen­ts, including submitting more than 300 pages of tax forms.

“The politician­s in Sacramento know I’m the only candidate who can beat Gavin

Newsom,” Elder said. “They are afraid, and they are using whatever shenanigan­s they can to try to trip me up. It won’t work.”

A spokespers­on for Weber said he could not comment on a pending legal matter. Her office has previously declined to provide more details on

how Elder’s tax forms were incomplete.

Elder appears to be one of the first candidates ensnared by the tax requiremen­t, which California adopted in 2019. Courts threw out a similar rule for presidenti­al candidates, but maintained the law as it applied to gubernator­ial primaries in the state. The Secretary of State’s Office said last month that it would be a requiremen­t for potential candidates in the recall as well.

In his lawsuit, Elder argues that Weber oversteppe­d her authority, because the law specifical­ly mentions primaries and the recall is a special election. He also contends that it is a violation of equal protection rights because Newsom, who signed the law and has voluntaril­y released his tax returns as governor, was not subject to it.

“Frankly, this action by the Secretary of State is not simply unfair and absurd but a dangerous and unconstitu­tional precedent,” Elder said in his statement.

The matter must be decided quickly; Weber is supposed to certify a list of candidates for the recall on Wednesday, so that county election offices can begin printing ballots to mail out to voters next month. A spokespers­on for the court said Tuesday that a hearing had not yet been scheduled.

Voters will be asked two questions on the ballot: Should Newsom be recalled? And if he is, who should replace him? If a majority votes yes on the first question, then the winner of the second question will serve out the remainder of the governor’s term, which ends in January 2023, even if they do not receive a majority of votes.

Two other candidates have launched legal challenges against the Secretary of State’s Office over ballot disputes: Republican Kevin Faulconer sued Monday because Weber rejected “retired San Diego Mayor” as his official title. Democrat Kevin Paffrath said he would sue to get his YouTube nickname, “Meet Kevin,” included on the ballot.

 ?? Nina Riggio / The Chronicle ?? Larry Elder, a conservati­ve talk radio host, says he turned in all the required tax forms to qualify for the election.
Nina Riggio / The Chronicle Larry Elder, a conservati­ve talk radio host, says he turned in all the required tax forms to qualify for the election.

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