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