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BY ASSEMBLYMAN KEVIN KILEY

Today, I held a briefing along with Assemblyman Gallagher on the Temporary Restraining Order we obtained against Gavin Newsom. The Governor has now been rebuked by both parties and both other branches of government for his unconstitutional use of emergency powers.

But rather than rescind his unlawful Executive Order, the Governor has filed a 39-page brief in the California Court of Appeals arguing (erroneously) that he should get out of the Restraining Order on a procedural technicality.

In an Editorial titled “Court Right To Nix Gov. Newsom’s Executive Order on Voting,” the Orange County Register takes the Governor to task for these tactics: “Newsom should stop trying to defend the indefensible. Instead of doubling down on executive orders that exceed his authority, he should focus on gaining approval for those legislative approaches.”

As I told the Sacramento Bee, the “Governor has made no showing at all that changing the rules of an election five months away is within the scope of the emergency. We have a legislative process for a reason.” That reason is so before making new laws, we can consider the impacts, debate their wisdom, and most importantly, hear from the public.

At today’s briefing, we heard from county elections offices and the disability community, both of whom had their input ignored by the Governor’s unlawful Order. While our legislative process is far from perfect, the opportunity to be heard on a topic as foundational as the conduct of elections is vital to the public trust that democracy requires.

Yet Gov. Newsom’s allies insist that letting the Legislature legislate would cause “uncertainty and delays.” They have a point: edicts do create new law instantly. That’s precisely why our form of government doesn’t allow them.

Assemblyman Gallagher and I are working on several next steps for restoring checks and balances. First, bringing to the Assembly Floor ACR 196, our Resolution to terminate the Governor’s emergency powers. Second, subjecting any new Executive Orders to a vote of the Legislature. Finally, reforming the Emergency Services Act, so we are never again subject to runaway one-man rule.

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