Capitol Alert
Talk radio host Larry Elder can run in Gavin Newsom recall election, court rules
A Sacramento judge on Wednesday ordered the secretary of state’s office to include conservative talk radio Larry Elder on the recall ballot after the office originally disqualified him for what it said were incorrectly redacted tax returns.
Elder, a longtime conservative commentator and nationally syndicated talk radio host, sued Secretary of State Shirley Weber earlier this week, alleging he was unfairly excluded from running in the recall against Gov. Gavin Newsom.
In court filings, Elder’s attorneys argued that state elections law mandating tax disclosures technically only applies to primary races. The statute also requires the secretary of state to fix any redaction errors in tax filings, Elder’s suit said.
The court agreed.
After a short hearing on Wednesday afternoon, Sacramento Superior Court Judge Laurie M. Earl ruled in favor of Elder, and ordered Weber’s office to file his nomination papers for the Sept. 14 recall.
“I don’t find that the recall election is a direct primary election ballot,” Earl said. “I don’t find that Mr. Elder was required to file tax returns at all.”
The dispute stems from a new law, signed in 2019, that requires gubernatorial candidates to release five years of tax returns. Both the judge and Elder’s attorneys pointed out various places in the statute that prevent it from applying to recall elections.
Full list of Newsom recall candidates due
Jay Russell, attorney for the secretary of state, said the goal of the office was to provide the same transparency to voters as in a normal election
“The secretary is is seeking to hold the recall elections in a manner in a format that is, is as close to a regular election as possible,” Russell told the court.
Elder celebrated the ruling in a tweet.
“This isn’t just a victory for me, but a victory for the people of California. And not just those who favor the recall and support me, but all voters, including many who will come to know me,” he said. “I am thankful for a fair judge.”
Weber is expected to issue a final list of certified candidates Wednesday evening.
Judge rules against Kevin Faulconer
Several other candidates also took Weber to court on Wednesday over ballot issues.
Another Sacramento County Superior Court judge rejected Republican Kevin Faulconer’s request to be listed as a retired San Diego mayor on the recall ballot this fall.
Faulconer, who served as mayor from 2014 to 2020, had requested the title be included on the ballots voters receive in September. Weber’s office denied the request, and Faulconer sued.
Instead of “retired mayor,” Faulconer will likely be listed as a businessman/educator, a spokesman said.
The former mayor pointed a finger at the California Democratic Party, blaming them for interfering in the matter after the party and chair Rusty Hicks filed an amicus brief, asking the court not to grant him the title.
“The California Democrat Party put their fist on the scales of justice and injected partisanship into this proceeding. Voters have a right to transparent and accurate information about Mayor Faulconer’s record and this decision defies common sense,” his campaign said in a statement.
Youtuber Kevin Paffrath is also in court seeking to add his nickname, “Meet Kevin” to the ballot. Once the disputes are settled, all registered voters will receive ballots starting Aug. 14. The election is Sept. 14.