California Governor Gavin Newsom has chosen incumbent Secretary of State Alex Padilla to fill Senator Kamala Harris’ seat. California Secretary of State Padilla is shown speaking on line on Aug. 20 in a screenshot from the DNCC’s live broadcast of the 2020 Democratic National Committee meeting.
State Rep. Kevin Kiley (R-Calif.) sent a letter to Congress Tuesday (Dec. 29) saying California Secretary of State Alex Padilla (also known as Padilla), an appointee of the governor, is ineligible to fill Hejenly’s Senate seat.
Kelly has just obtained a legal opinion (original here) from the California Office of Legislative Counsel confirming that California Governor Gavin Newsom’s appointment of Secretary of State Padilla to fill Kerry’s U.S. Senate seat is legally questionable because the Constitution requires an election for the position.
The opinion also said that Newsom’s other announced appointment, to fill Padilla’s secretary of state position, should not be made “so soon.”
Governor Newsom announced Dec. 22 the appointment of California Secretary of State Alex Padilla to fill Kamala Harris’ congressional Senate seat.
Padilla graduated from the Massachusetts Institute of Technology and then served on the Los Angeles City Council and in the state Senate before becoming California’s secretary of state, where he was responsible for voting matters.
Kelly on Tuesday sent a legal opinion and letter (click here) to Senate Majority Leader Mitch McConnell (R-Ky.) advising the Senate not to elect Padilla to Congress until California’s legal problems are resolved.
He said the Constitution authorizes the Senate to judge “its own membership. Kelly is a lawyer and a graduate of Yale Law School.
In a statement issued Tuesday, Kelly said Governor Newsom, who has previously been ruled by the courts to have exceeded his authority, is once again trying to fight the people for power and that “the last thing California needs is a one-man church for Newsom, installing a (federal) senator he handpicked to serve for decades.
“By choosing Padilla, Newsom is not just trying to illegally install his own political allies into the permanent Senate, he is simultaneously pushing a politician – Padilla illegally donated $35 million in taxpayer funds to ‘Team Biden ‘ Inc. for ‘voter education. As the state’s top elected official, Padilla used his position to illegally influence an election; now he is presuming to become a senator without an election.” Kelly said.
In California, he said, corruption is a ladder for advancement, and the shamelessness of politicians to advance their personal interests knows no bounds.
California State Assemblyman Kevin Kiley (R) sent a letter to Congress on Dec. 29 saying that Secretary of State Padilla, a gubernatorial appointee, is ineligible to fill Hejinli’s Senate seat. (Screenshot from Rep. Kevin Kiley’s blog site)
Newsom was sued by Representatives Kelly and James Gallagher after he signed an executive order on June 3 requiring the distribution of mail-in ballots to registered voters in California. The lawmakers charged that it was the Legislature’s responsibility to amend the law and not the governor’s.
A California judge ruled Nov. 13 that Newsom’s action was ultra vires and violated the state Constitution.
The court gave Newsom a permanent injunction prohibiting him from changing any more existing laws under the California Emergency Services Act, even during a coronavirus pandemic, the court said.
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