Federal lawsuit challenges California recall as unconstitutionalPOLITICOSearchSearchClose

Gubernatorial recalls in California involve a two-part ballot. Voters are asked whether to recall the sitting governor, then who should replace the governor. If a majority of voters oust Newsom, whichever candidate receives the most votes on the second question would replace him.

That allows a replacement candidate to be elected with a small plurality and potentially with far fewer votes than the number of votes cast to keep the current governor. While polls show Newsom in a tight race to stay in office, the leading Republican contender to replace Newsom has consistently registered support from a quarter or less of the electorate.

Constitutional law expert Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, raised that precise scenario in a New York Times op-ed last week arguing California s recall process is unconstitutional. Chemerinsky and law and economics professor Aaron Edlin argued for altering the rules to allow governors stand as candidates on the second question and advocated for a legal challenge compelling the courts to intervene.

via www.politico.com

I agree it’s a stupid way to structure an election but I can’t see it as an EPC violation. Perhaps it’s a violation of the Guarantee Clause though.