RNC sues over Calif. mail-ins
Complaint says governor overstepped authority
The Republican Party launched a legal battle to block California Gov. Gavin Newsom from sending all voters in his state mail-in ballots for the general election, arguing the move is unconstitutional and invites voter fraud.
The Republican National Committee, National Republican Congressional Committee and California Republican Party filed a lawsuit Sunday against Newsom and Secretary of State Alex Padilla in the U.S. District Court for the Eastern District of California.
In their complaint, the groups called the Democratic governor’s action an illegal “usurpation of the legislature’s authority” to set the “time, place and manner” of the election.
“This brazen power grab was not authorized by state law and violates both the Elections Clause and Electors Clause of the U.S. Constitution,” the complaint says.
On May 8, Newsom signed an executive order stating that every registered California voter would be sent a mail-in ballot because of concerns about the spread of coronavirus.
“Elections and the right to vote are
foundational to our democracy,” Newsom said in a statement. “No Californian should be forced to risk their health in order to exercise their right to vote.”
The Republican groups argued mailing out the ballots is a “recipe for disaster” because even inactive voters will receive them, which “invites fraud, coercion, theft, and otherwise illegitimate voting.” And “invalid votes dilute the votes of honest citizens and deprive them of their right to vote in violation of the Fourteenth Amendment.”
Newsom acknowledged that mail-in ballots “aren’t a perfect solution for every person.” He vowed to “continue to work with the Legislature and the Secretary of State to determine how requirements for in-person voting opportunities and other details of the November election will be implemented, while preserving public health and giving county elections officials needed flexibility.”
Republican leaders painted Newsom’s order as part of a wider Democratic campaign to use the coronavirus pandemic, which has killed nearly 100,000 Americans, to justify a switch to vote-by-mail. They said Democrats believe voting by mail helps their odds in the election Nov. 3.
President Donald Trump has long alleged massive voter fraud.
Because of the danger posed by the coronavirus, many states, including several where Republicans are in control, are moving toward expanded vote-by-mail options this year. Experts said instances of fraud are more common with mail-in and absentee ballots than in-person voting, but still rare, according to FactCheck.org.
“Misconduct still amounts to only a tiny fraction of the ballots cast by mail (and is far less prevalent than the President’s rhetoric suggests, which may well be why he’s felt comfortable voting by mail in the past),” Justin Levitt, a law professor at Loyola Marymount University , told FactCheck.
Democrats said it is the president and his allies who are playing politics with the coronavirus.