California struggles to boot Trump

From: POLITICO California Playbook - Tuesday Nov 28,2023 01:56 pm
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POLITICO California Playbook

By Dustin Gardiner and Lara Korte

Presented by

CVS Health

Donald Trump arrives at the South Texas International Airport on Nov. 19, 2023, in Edinburg, Texas.

Donald Trump arrives at the South Texas International Airport on Nov. 19, 2023, in Edinburg, Texas. | Delcia Lopez/The Monitor via AP

THE BUZZ: DEADLINE AHEAD — The window is narrowing to try to knock former President Donald Trump off California’s March 5 primary ballot.

Democrats launched several long-shot challenges to Trump’s ballot status. But the deadline for Secretary of State Shirley Weber to certify which presidential candidates will appear on the ballot is just a month away.

If Weber or the courts don’t act by Dec. 28, attempting to remove Trump could create major logistical challenges as the state prepares voter guides and other materials. Here are two potential scenarios to watch:

Could Weber act alone?

One big question looming over the push to remove Trump from the ballot is the question of who has the authority. Can the top elections officials in each state act unilaterally?

Democratic secretaries of state across the country, including those in pivotal swing states like Arizona and Michigan, have largely been skeptical about trying to exert that authority. But Weber hasn’t taken a definitive stance.

Her office has repeatedly said she is reviewing the issue. “Right now, we're monitoring the legal cases here and in other states,” Joe Kocurek, Weber’s press secretary, told Playbook.

California is one of several states where Democrats have attempted to disqualify Trump on the basis that he incited an insurrection when a mob of his supporters attacked the U.S. Capitol on Jan. 6, 2021. If Trump prevails and becomes the Republican nominee, Democrats could try again on the November ballot.

Trump spokesperson Steven Cheung previously told POLITICO that the campaign to remove the former president from the ballot was a “political attack” that was “stretching the law beyond recognition.” Any effort to remove Trump here would surely be challenged in court.

All of the efforts could ultimately be moot because of the conservative control of the U.S. Supreme Court.

What about the court route?

Lawsuits have been filed in about a half-dozen states, California included, aiming to force secretaries of state to remove Trump from primary ballots. The Colorado Supreme Court recently agreed to hear an appeal to a lower court ruling on the issue. The Minnesota Supreme Court dismissed a similar lawsuit this month.

But that might not be the only route: Eleven Democrats in the California Assembly, led by Assemblymember Evan Low, sent state Attorney General Rob Bonta a letter last month urging him to use his authority to seek an expedited state court ruling.

Low said lawmakers are still urging Bonta to act because Trump "continues to be a clear and present danger to free and fair elections in the United States."

Bonta hasn’t publicly responded to the lawmakers’ request. Meanwhile, the clock is ticking.

Rick Hasen, director of the Safeguarding Democracy Project at UCLA’s School of Law, said that if the issue isn’t resolved by the courts now it could easily come back after the primary (one hypothetical is that Democrats could win control of the House in 2024 and try to block certification of a second Trump presidency).

“Whatever you think of it on the merits, the sooner this is resolved the better,” Hasen said. “It creates a potential for social upheaval.”

GOOD MORNING. Happy Tuesday. Thanks for waking up with Playbook.

 

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WHERE’S GAVIN? Nothing official announced. He heads to Alpharetta, Ga. later this week for his debate with Florida Gov. Ron DeSantis.

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TWEET OF THE DAY:

Nancy Pelosi

FRESH INK

Portrait of Lexi Reese

Portrait of Lexi Reese | Lexi Reese for Senate

TIME TO LEX-HALE — Lexi Reese is dropping out of the race for California’s open U.S. Senate seat. The tech executive and Google and Facebook alumna had sought to use her business background to break through in a crowded primary field. But she was stuck at 1 percent in the polls and has a fraction of the cash that frontrunners and Reps. Adam Schiff and Katie Porter have raised. Reese also finished last in the Democratic Party’s endorsement contest, months after many of her top campaign advisers left her campaign.

Reese, who memorably led the audience in a moment of meditation during her comments at the state party convention this month, said her rationale was largely financial.

"We’ve raised approximately $2 million. Which sounds like a lot of money until you compare it with the top competitors in the Senate race who have been serving in the House of Representatives for a collective 50+ years," Reese writes in a blog post this morning. "...As someone outside the system, voters don’t know who I am and what I stand for. And even $2 million in paid advertising can’t change that, let alone run the kind of personal, grassroots campaign I think voters deserve."

 

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SCHIFF SEAL OF APPROVAL — Schiff is wading into local LA politics with his endorsement of Serena Oberstein’s Los Angeles City Council campaign to oust sitting member John Lee. Schiff and Oberstein have found common cause in pushing for recognition of the Armenian genocide – Oberstein as president of Jewish World Watch and Schiff in Congress, where he represents the city’s significant Armenian community.

“Both Congressmember Schiff and I have been out front when it comes to standing for the most vulnerable and those facing targeted persecution,” Oberstein said. “Our own history of targeted persecution in the Jewish community gives us the lens to know that we don’t have the luxury to be silent when anyone is being targeted.

The race between Oberstein and Lee is primed to be one of the most closely watched contests in the city. Lee, who was once a Republican but now is not affiliated with any party, is the only non-Democrat on the council. Oberstein is leaning into her former role of president of the city’s ethics commission, particularly after the commission accused Lee of ethics violations from his time as a staffer. Lee has fiercely denied the allegations.

— Melanie Mason

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SALAS SCOOPS — Gov. Gavin Newsom endorsed former Democratic Assemblymember Rudy Salas in the CA-22 race on Monday, passing over fellow Dem, state Sen. Melissa Hurtado. That Central Valley seat, currently held by Republican Rep. David Valadao, is one of several congressional battlegrounds next year that could sway the balance of power in the House.

WHAT WE'RE READING TODAY

SCHOOL SHOWDOWN: Meet Sonja Shaw, the soccer mom from Chino Valley at the head of the “parental rights” push. (Los Angeles Times)

GIMME SHELTER: What Scotland’s right to housing could teach us about California’s homelessness problem. (Los Angeles Times)

BURIED TREASURE: Scientists have discovered a hidden stash of carbon off California’s coast. (San Francisco Chronicle)

DISNEY DUEL: The Anaheim City Council is set to debate campaign finance reform today in the wake of several corruption scandals that involve Disneyland exerting undue influence on the body. Proposals include a gift ban and the creation of an ethics commission, which is opposed by some Disney-backed council members. (Voice of OC)

ASSEMBLY DISTRICT 26: Rep. Anna Eshoo (D-Calif.) is retiring, and Assemblymember Evan Low (D-Campbell) is expected to run for her seat. That’s opened a competitive race for Low’s Silicon Valley assembly seat between his district director Patrick Ahrens, 34; Santa Clara County Board of Education Trustee Tara Sreekrishnan, 30; and Sunnyvale Vice Mayor Omar Din, 26. (San Jose Spotlight)

 

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PLAYBOOKERS

BIRTHDAYS — Matea Gold Suzi Emmerling Joy Nadel … (was Monday): Michael Vartan ... Linda Fife ... Samantha Shapiro

TRANSITIONS — Los Angeles Mayor Karen Bass has appointed Matt Hale as Deputy Mayor of Finance, Operations and Innovation following the announcement that Deputy Mayor Jeanne Holm will retire.

MEA CULPA — Yesterday in Playbook we erroneously listed Ash Kalra as chair of the Assembly’s Progressive Caucus. Kalra this month passed the baton to Assemblymember Alex Lee. 

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this -only service offers, click here.

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