Newsom Recall Update
Friday, August 20, 2021
The constitutionality of the recall election is being challenged in court. As reported this week by the Sacramento Bee, "With the recall election of Gov. Gavin Newsom less than 30 days away, two California voters are taking the state to federal court in an attempt to block the election from happening. The plaintiffs, Rex Julian Beaber and A.W. Clark, allege that the 2021 recall election is unconstitutional.
When California voters get their recall ballot, they will have two questions to answer: Should Gov. Newsom be recalled from office and, if so, who should replace him? Newsom’s name does not appear on the list of possible replacements. Beaber and Clark, through their Venice Beach-based attorneys Stephen Yagman and Joseph Reichmann, argue that means supporters of Newsom get just one vote, whether he should be recalled. By contrast, they say opponents of Newsom get two votes, whether he should be recalled and who should replace him.
“This process is violative of the Equal Protection and Due Process Clauses of the Constitution’s Fourteenth Amendment, because it flies in the face of the federal legal principle of ‘one person, one vote,’ and gives to voters who vote to recall the Governor two votes — one to remove him and one to select a successor, but limits to only one vote the franchise of those who vote to retain him and that he not be recalled, so that a person who votes for recall has twice as many votes as a person who votes against recall. This is unconstitutional both on its face and as applied,” the attorneys wrote in a motion submitted to the U.S. District Court for the Central District of California, which is located in Los Angeles. Beaber is an attorney based out of Los Angeles.
The legal challenge comes on the heels of a New York Times op-ed by Erwin Chemerinsky, dean of the UC Berkeley School of Law, and Aaron Edlin, a professor of law and economics at Berkeley, who advanced the same argument and pointed out that Newsom’s successor could be elected with just a fraction of the vote.
“Imagine that 10 million people vote in the recall election and 5,000,001 vote to remove Mr. Newsom, while 4,999,999 vote to keep him in office. He will then be removed and the new governor will be whichever candidate gets the most votes on the second question. In a recent poll, the talk show host Larry Elder was leading with 18 percent among the nearly 50 candidates on the ballot. With 10 million people voting, Mr. Elder would receive the votes of 1.8 million people. Mr. Newsom would have the support of almost three times as many voters, but Mr. Elder would become the governor,” they wrote.
The legal challenge names Secretary of State Shirley Weber, in her official capacity, as the defendant, and Weber’s office has yet to respond with a legal filing of their own. Beaber and Clark seek to block the election from happening entirely. Failing that, they call on the U.S. District Court to delay the election 'so that were it to be held it would need to include Governor Newsom’s name as a potential candidate for governor, were question 1 to receive a majority of votes and pass.'"
The California State Association of Psychiatrists (CSAP), the official state lobbying organization of NCPS, is recommending the following positions on current 2021 legislative bills:
RECOMMENDED SUPPORT POSITIONS:
- AB 32 (Aguiar-Curry) – Telehealth - Recommending Support
- AB 118 (Kamlager-Dove) – Emergency services; community response;grant program – Support
- AB 369 (Kamlager) - Would allow for streamlined Medi-Cal enrollment and service delivery for persons experiencing homelessness - Support with Amendments
- AB 383 (Salas) - Mental Health: Older Adults - Support
- AB 541 (Berman) - Tobacco assessment - Support with Amendments
- AB 562 (Low) - Frontline COVID-19 Provider Mental Health Resiliency Act of 2021: Health Care Providers - Support
- AB 638 (Quirk-Silva) - Mental Health Services Act: Early intervention and prevention programs - Support
- AB 653 (Waldron) - Medication-assisted treatment grant program - Support
- AB 988 (Bauer-Kahan) – Mental health; mobile crisis support teams; 988 crisis hotline establish the 988 Crisis Hotline – Support
- AB 998 (Lackey) - Incarcerated persons: health records - Support
- AB 1038 (Gipson) - California Health Equity Program - Support
- AB 1094 (Arambula) - Sexual orientation and gender identity data collection pilot program - Support
- SB 221 (Wiener) – Health care coverage; timely access to care – Support
- SB 250 (Pan) - Health care coverage - Support
- SB 316 (Eggman) – Medi-Cal; federally qualified health centers and rural health clinics – Support
- SB 340 (Stern) - Would permit a family member, friend, or acquaintance with personal knowledge of a person receiving treatment to make a request to testify in a judicial review proceeding, as specified - Support
- SB 428 (Hurtado) - Health care coverage: adverse childhood experiences screenings - Support
- SB 441 (Hurtado) - Would require the Office of Statewide Health Planning and Development to include students and professionals with training in geriatrics in administering health workforce professions programs. SUPPORT WITH AMENDMENTS
- SB 465 (Eggman) - Mental Health - Support
- SB 507 (Eggman) – Mental health services; assisted outpatient treatment – Support
- SB 516 (Eggman) – Certification for intensive treatment; review hearing – Support
- SB 528 (Jones) – Juneniles; health information summary; psychotropic medication – Support
- SB 782 (Glazer) - Assisted outpatient treatment programs - Support
RECOMMENDED OPPOSE POSITIONS:
- AB 852 (Wood) - Would add the new category of nurse practitioners (NPs) who are authorized to practice independently starting January 1, 2023, to provisions of law that include physician and surgeons and other relevant health care licensees, corrects a drafting error related to the conditions when an independent NP must refer to a physician and surgeon, adds the new independent NPs to pharmacy definitions for prescribers, and makes other technical and clarifying changes. OPPOSE UNLESS AMENDED (THE AMENDMENTS PROFFERED BY THE CMA)
RECOMMENDED WATCH POSITIONS:
- AB 723 (Low) – Marriage and family therapy; scope of practice - Recommending Watch
- AB 1130 (Wood) – California Health Care Quality and Affordability Act - Recommending Watch
- AB 1132 (Wood) – Health Care Consolidation and Contracting Fairness Act of 2021 - Recommending Watch
- AB 1331 (Irwin) - Mental Health: statewide director crisis services - Recommending Watch
- AB 1443 (McCarty) – Mental health; involuntary treatment - Recommending Watch
- SB 14 (Portantino) – Pupil health; school employee and pupil training; excused absenses; youth mental and behavioral health - Recommending Watch
- SB 224 (Portantino) – Pupil instruction; mental health education - Recommending Watch
The complete legislative bill matrix with full descriptions can be found HERE
Meet our lobbyist: Shaw Yoder Antwih Schmelzer & Lange
NCPS is pleased to announce that we have formed an allicance with the Orange County Psychiatric Society and the San Diego Psychiatric Society to facilitate state level advocacy for our collective members through the California State Association of Psychiatrists (CSAP). CSAP will consist of member respresentatives from the leadership of these three District Branches and will seek to advocate efficiently and effectively for orgianized psychiatry and high quality patient care in California. CSAP will work collaboratively with other like-minded organizations for the collective effort of influencing and creating policy and legislation in Sacramento. CSAP has hired the professional lobbying and administrative services of Shaw, Yoder, Antwih, Schmelzer & Lange(SYASL). SYASL is perennially ranked among California's top ten advocacy firms with proven history of sponsoring and defeating legislation and extensive expertise in the behavioral health landscape. The lobbyists and legislative advocates working on our behalf are:
- Paul Yoder, one of the founding partners in the firm and lobbyist in California for over 30 years, has spent almost his entire career working in behavioral health issues.
- Andrew Antwih, another partner in the firm, recently ranked in the Top 100 influencers in all of California by California Weekly magazine.
- Pricilla Quiroz, former staff member to Senator Nancy Skinner and lead lobbyist at the firm for California Academy of Child & Adolescent Psychiatry.
We introdued SYASL during our Annual Membership Meeting in October where they provided an overview of their experience and participated in a Q&A discussion with members. You can view the recording of that meeting below.