# Recall of Gov. Gavin Newsom of California

**URL:** <https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239>\
**Category:** Politics & Elections\
**Created:** [March 19, 2021, 1:27pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239 "2021-03-19T13:27:02Z")\
**Posts on this page:** 20\
**Page:** 12

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [August 19, 2021, 2:06pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/221 "2021-08-19T14:06:01Z")

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> [@dalej42](#):
>
> IF something happened to Feinstein and she had to replaced, then a hypothetical R Governor would probably be forced with the decision to appoint a placeholder D or face the wrath. Otherwise, they can let the Republican Governor be basically powerless until the next election.

“Face the wrath” of whom? The voters? A hypothetical Governor Elder has a 0.5% chance of being reelected in his own right. The Legislature? Governor Elder would have no chance of having any items on his agenda passed by the California Legislature regardless of what he does. They could impeach him, but I’m not sure how Democrats would justify impeaching a Governor for exercising his clearly legal authority to name a replacement Senator.

On the other hand, if he were to swing the Senate to the Republicans, he would be worshipped by Republicans nationally. He would instantly be in the mix as a potential Vice Presidential candidate in 2024. He could write his own ticket – Fox News host, grossly overpaid speaker, etc.

As mentioned, the Legislature could change the law regarding filing a vacant Senate seat over the Governor’s veto if they want to. But that would take time they’d need to start that train right away rather than waiting for Feinstein to kick off.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [August 19, 2021, 3:00pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/222 "2021-08-19T15:00:27Z")

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> [@flurb](#):
>
> Face the wrath” of whom?

That would be the only reason to impeach him should they absolute ridiculous happen

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [August 19, 2021, 6:30pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/223 "2021-08-19T18:30:15Z")

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> [@dalej42](#):
>
> …That was one of the arguments against Elizabeth Warren for VP. Massachusetts has a Republican as Governor. The state assembly has a Democratic supermajority, but didn’t want to change the law to require a same party appointment.

Massachusetts has already changed its law on filling US Senate vacancies several times in recent years, accompanied by much cynical eye-rolling: [Gov. Charlie Baker: Law for filling Senate seats should remain as is](https://www.heraldnews.com/story/news/politics/state/2020/11/12/gov-charlie-baker-law-filling-senate-seats-vacancies-elizabeth-warren/6274372002/)

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [August 20, 2021, 10:16am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/224 "2021-08-20T10:16:34Z")

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> [@flurb](#):
>
> As mentioned, the Legislature could change the law regarding filing a vacant Senate seat over the Governor’s veto if they want to.

The problem is what would they change it to? California’s election system, yet another pearl of wisdom emanating from a ballot initiative, doesn’t have party nominations for Senate elections. Dianne Feinstein hasn’t, strictly speaking, been the Democratic candidate for _anything_ since 2006, so by what mechanism could the California Democratic Party be given the right to choose her successor?

She did indicate (as permitted by the law) a preference for the Democratic Party, but that seems pretty flimsy compared to a situation where someone was, legally, the nominee of the party.

The harm of a bad appointment could be mitigated by a law requiring an immediate special election, but “immediate” for a federal election takes _at least_ 40 days due to federal absentee ballot laws.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [August 20, 2021, 1:26pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/225 "2021-08-20T13:26:28Z")

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Well, I wouldn’t vote for _this_ guy:

> **['Women exaggerate the problem of sexism': Top California recall candidate...](https://www.cnn.com/2021/08/19/politics/kfile-ca-recall-larry-elder-on-women/index.html)**
>
> "Glass ceiling? Ha! What glass ceiling? Women, women exaggerate the problem of sexism," radio host Larry Elder said in a 1996 ad for his radio show.

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**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\
**Post date:** [August 20, 2021, 1:29pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/226 "2021-08-20T13:29:43Z")

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> [@Lord\_Feldon](#):
>
> The harm of a bad appointment could be mitigated by a law requiring an immediate special election, but “immediate” for a federal election takes _at least_ 40 days due to federal absentee ballot laws.

I’d rather the governor be stripped completely of the power to fill the vacancy. That’s too much of a holdover from when the government picked the Senator instead of the people. Just leave the seat open, until filled by the voters.

Maybe 60 days from the vacancy until the (open) primary, to give a little (but not too much) time for campaigning. And then another 60 days until the general. If we can afford governor recalls, we can afford Senate special elections.

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [August 20, 2021, 2:00pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/227 "2021-08-20T14:00:18Z")

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> [@Pleonast](#):
>
> Just leave the seat open, until filled by the voters.

Which would also be a good policy for a recalled governor. It’s like the people who wrote the recall law forgot we have a lieutenant governor.

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [August 20, 2021, 2:17pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/228 "2021-08-20T14:17:23Z")

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> [@Pleonast](#):
>
> Just leave the seat open, until filled by the voters.

I’m not a huge fan of low-turnout off-cycle elections\*, especially for something like the Senate where one seat can have so much importance. The US Constitution requires special elections for House seats, but frankly I’d probably go with same-party appointments there too if someone gave me some white-out and a quill.

\*To stay on topic, this is also one of the many problems with recall elections!

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**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\
**Post date:** [August 20, 2021, 2:52pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/229 "2021-08-20T14:52:58Z")

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I would hope not…

> **[Elder’s ex-fiancee said he brandished a gun at her](https://www.politico.com/news/2021/08/19/elders-ex-fiancee-said-he-brandished-a-gun-at-her-506286)**
>
> Alexandra Datig, who broke off her engagement with the California gubernatorial candidate in 2015, describes a series of troubling encounters with him.

At least we know he supports the Second Amendment.  
/s

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**Author:** ![Folacin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folacin/32/3195_2.png) [@Folacin](https://boards.straightdope.com/u/Folacin)\
**Post date:** [August 20, 2021, 6:26pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/230 "2021-08-20T18:26:52Z")

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> [@Elmer\_J.Fudd](#):
>
> It’s like the people who wrote the recall law forgot we have a lieutenant governor.

They probably assumed he is as corrupt as the governor, although in that case they probably should have specified that the lieutenant governor gets the boot when the big guy goes. Are they elected on one ticket in California, or is it separate lines on the ballot?

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [August 20, 2021, 6:48pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/231 "2021-08-20T18:48:43Z")

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> [@Lord\_Feldon](#):
>
> I’m not a huge fan of low-turnout off-cycle elections\*, especially for something like the Senate where one seat can have so much importance. The US Constitution requires special elections for House seats, but frankly I’d probably go with same-party appointments there too if someone gave me some white-out and a quill.

Me too. Scott Brown and Doug Jones shows that. I like the system that requires the Governor to pick from 3 candidates of the party where the previous senator caucused with.

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [August 20, 2021, 7:51pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/232 "2021-08-20T19:51:51Z")

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> [@Folacin](#):
>
> Are they elected on one ticket in California, or is it separate lines on the ballot?

Separate.

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**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\
**Post date:** [August 20, 2021, 7:55pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/233 "2021-08-20T19:55:39Z")

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> [@Folacin](#):
>
> Are they elected on one ticket in California, or is it separate lines on the ballot?

Separate lines. There have been split party control of the offices on several occasions.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [August 21, 2021, 12:31am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/234 "2021-08-21T00:31:38Z")

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The same is true in Vermont, as it happens.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [August 21, 2021, 5:32am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/235 "2021-08-21T05:32:51Z")

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I’m not sure I understand why this is highly unlikely. Given the bogus nature of this recall and the supermajorities in both houses of the legislature it strikes me as highly likely.

Unless of course the California Constitution is much more specific about the reasons a Governor can be impeached than the US Constitution is about Federal impeachment.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [August 21, 2021, 5:37am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/236 "2021-08-21T05:37:15Z")

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> [@Folacin](#):
>
> > [@Elmer\_J.Fudd](#):
> >
> > It’s like the people who wrote the recall law forgot we have a lieutenant governor.
> 
> They probably assumed he is as corrupt as the governor…

You should have said “They probably assumed **SHE** is as corrupt as the governor…”  
Lt. Gov. of California is [Eleni Kounalakis.](https://ltg.ca.gov/)

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**Author:** ![zbuzz](https://avatars.discourse-cdn.com/v4/letter/z/e19b73/32.png) [@zbuzz](https://boards.straightdope.com/u/zbuzz)\
**Post date:** [August 21, 2021, 11:36am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/237 "2021-08-21T11:36:52Z")

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> [@Kolak\_of\_Twilo](#):
>
> I’m not sure I understand why this is highly unlikely. Given the bogus nature of this recall and the supermajorities in both houses of the legislature it strikes me as highly likely.

The scenario you suggested seems to be "as soon as Cox/Elder/whoever is elected, the Democrats in the legislature just immediately impeach them on site even if they haven’t necessarily committed any misconduct.” You don’t see what a terrible look that is for a democracy, what a terrible precedent it sets? Maybe I have more faith in the legislature not doing the wrong thing than you do. I dunno.

> [@Kolak\_of\_Twilo](#):
>
> Unless of course the California Constitution is much more specific about the reasons a Governor can be impeached than the US Constitution is about Federal impeachment.

As far as I understand (and I might be wrong), the definition of what qualifies as impeachment in California pretty much consists only of “misconduct in office.” A pretty wide brush to be sure.

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [August 21, 2021, 11:45am UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/238 "2021-08-21T11:45:03Z")

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> [@zbuzz](#):
>
> You don’t see what a terrible look that is for a democracy, what a terrible precedent it sets?

It wouldn’t be a terrible look for a democracy in this particular instance because there’s roughly zero chance of anyone other than Newsom winning democratically. The US Constitution requires all state officials to take an oath to the Constitution, and someone whose election was in blatant violation of that Constitution (the 14th Amendment in this case) would be committing misconduct literally from the first instant of their administration.

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**Author:** ![zbuzz](https://avatars.discourse-cdn.com/v4/letter/z/e19b73/32.png) [@zbuzz](https://boards.straightdope.com/u/zbuzz)\
**Post date:** [August 21, 2021, 12:33pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/239 "2021-08-21T12:33:09Z")

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If this were already a settled legal matter, then you’d be right. But it’s not, so the legislature impeaching the incoming governor because they agree with a couple of guys who wrote an op-ed? That’d be a pretty terrible look for a democracy. Apparently, Newsom himself doesn’t seem to want to touch it, so I think he agrees.

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**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\
**Post date:** [August 21, 2021, 12:47pm UTC](https://boards.straightdope.com/t/recall-of-gov-gavin-newsom-of-california/938239/240 "2021-08-21T12:47:14Z")

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> [@zbuzz](#):
>
> That’d be a pretty terrible look for a democracy.

Having a recall law that allows someone with 49% support to lose to someone with 10% support is a terrible look for democracy too. Having someone with no democratic legitimacy whatsoever as head of government of the largest state in the union would be a terrible look for democracy. California’s dumb-ass law creates the potential for a situation where there is no good look for democracy.

The general lax attitude in the USA toward reforming democratic procedures can take us into a lot of dangerous places that don’t have good ways out. Ideally, California would have fixed this horrible situation a long time ago. But it didn’t. Hopefully the voters of California steer clear of the iceberg, because the lifeboats aren’t so sturdy.

> [@zbuzz](#):
>
> Apparently, Newsom himself doesn’t seem to want to touch it, so I think he agrees.

Oh, for sure, it would be terrible electoral politics for Newsom to _personally_ advance it.

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