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A plan to take Trump off the California ballot

Presented by Californians for Energy Independence: Inside the Golden State political arena
Sep 18, 2023 View in browser
 

By Dustin Gardiner and Lara Korte

Presented by Californians for Energy Independence

Assemblymember Evan Low, D-Silicon Valley, speaks at a rally on the steps of the California Capitol on August 29, 2023. | Courtesy of Eddie Kirby

DRIVING THE DAY: Chevron, Shell, Exxon, BP and ConocoPhillips — Gov. Gavin Newsom and Attorney General Rob Bonta over the weekend announced a lawsuit against the world’s largest oil companies, accusing them of “decades of deception” that have cost California taxpayers “billions of dollars in health and environmental impacts.”

The state is seeking the creation of a fund that would be used to pay for prevention and recovery efforts around natural disasters, which are growing increasingly severe in California due to climate change.

And as if that weren’t enough — Newsom, while in New York City for Climate Week, said he would sign state Sen. Scott Wiener’s landmark Senate Bill 253, which requires companies earning at least $1 billion per year to disclose their emissions.

THE BUZZ — BALLOT BATTLE INCOMING: Assemblymember Evan Low is swinging at former President Donald Trump in perhaps the flashiest way possible: pushing to knock him off California's March 5 primary ballot.

In a letter sent over the weekend, Low and eight other Democratic lawmakers are urging Attorney General Bonta to attempt to remove Trump from the ballot, arguing that he isn’t eligible over claims he incited an insurrection when a mob of his supporters attacked the U.S. Capitol on Jan. 6, 2021.

It’s one of many attempts across the country to disqualify Trump on the basis that the 14th Amendment prohibits any public official who has been party to an insurrection from ever holding office again. It’s likely a long shot because of the conservative control of the Supreme Court.

The approach that Low and his co-signers are pitching is unique because Bonta could use his standing as California’s leading lawyer to try to expedite a state court ruling on the matter. Other efforts to remove Trump have mostly focused on the theory that secretaries of state can unilaterally disqualify him on constitutional grounds.

Low, who wrote the letter and gathered signatures on the final night of the legislative session, said the strategy is all about pushing the courts to fast-track the matter.

“Whatever the courts decide it is important that they do so quickly to avoid further political strife,” Low said, “and the Attorney General is uniquely positioned to get the American people the answers we need to protect our Republic.”

Should it succeed, California could be the first state to bump Trump off its ballot, even if the ruling is ultimately overturned by the Supreme Court.

The letter, which was obtained by Playbook, was also signed by Democratic Assemblymembers Alex Lee, Stephanie Nguyen, Kevin McCarty, Corey Jackson, Mike Gipson, Mike Fong and Phil Ting and state Sen. Josh Becker.

Bonta’s office said he is reviewing the lawmakers’ request. A spokesperson added, “There is no denying that Donald Trump has engaged in behavior that is unacceptable and unbecoming of any leader — let alone a President of the United States.”

Taking on Trump in such a high-profile way could also bode well for the attorney general’s political ambitions. He’s considering running for governor in 2026, when Newsom is termed out.

The campaign to keep Trump off the ballot includes legal challenges in New Hampshire, Minnesota, New Mexico and Colorado.

Trump spokesperson Steven Cheung previously told POLITICO that the effort was a “political attack” that was “stretching the law beyond recognition” and compared it to the various criminal indictments against Trump, which the former president has described as witch hunts.

And there’s another juicy potential curveball in the mix: California Secretary of State Shirley Weber hasn’t ruled out taking action. A spokesperson told Playbook her office is “carefully reviewing this issue” after receiving many requests to disqualify Trump. That said, Democratic secretaries of state across the country have largely been skeptical about that approach.

 

A message from Californians for Energy Independence:

California is an energy island, forced to rely on foreign oil. That’s because with no pipelines and limited rail transport, if we aren’t producing the oil we need locally - it has to be imported from overseas. Shutting down California’s highly-regulated local production before we have enough alternative energies in place - increases our dependence on volatile foreign countries for the oil we still need, risking access to reliable energy while increasing prices for Californians. Learn More

 


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WHERE’S GAVIN? In New York City for Climate Week.

 

A message from Californians for Energy Independence:

 
FRESH INK

Assemblymember Bill Essayli, R-Corona (Riverside County). | Rich Pedroncelli/AP Photo

LGBTQ CAUCUS STRIKES BACK — On the final night of the legislative session, Democrats in the Assembly harpooned one of GOP Assemblymember Bill Essayli’s bills about a seemingly bipartisan topic: toughening anti-fraud laws around home foreclosures.

It turns out the maneuver was orchestrated by the LGBTQ Caucus to send the message that targeting transgender kids comes with a political price.

One member of the LBGTQ caucus, who was granted anonymity to reveal their tactic, told Playbook the lawmakers worked to stop Essayli’s bill as punishment for his crusade to enact parental notification requirements for transgender kids in public schools.

Essayli has traveled the state in recent months to encourage school boards to adopt such policies in the name of parental rights. Democrats argue those policies can be harmful to some trans students who might face abuse or rejection at home.

Not surprisingly, the maneuver didn’t go over well with Essayli. A previous version of his measure, Assembly Bill 1043, passed the chamber with near-unanimous support.

“Rather than engage in a thoughtful and civilized discussion on important policies, radical Democrats admit they prefer to shut down debate and block important legislation that would have protected vulnerable homeowners from losing their equity in the foreclosure process,” he said.

 

GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.

 
 
WHAT WE'RE READING TODAY

CAMPAIGN LAUNCH — Fresh off a stint at the Pentagon, Gil Cisneros is jumping into the race to replace Rep. Grace Napolitano, our colleague Melanie Mason reports this morning. Cisneros was a philanthropist and political outsider when he won his first campaign in 2018 as part of the anti-Trump wave and a historic Democratic sweep in Orange County, the state’s longtime conservative bastion, Melanie writes. This time, he is running as a Washington veteran whose work has put him squarely at the center of national culture war battles. (POLITICO)

AWKWARD — Behold: the small world of California politics. After Rep. Barbara Lee tore into Newsom for saying he would name an interim senator to Sen. Dianne Feinstein’s seat, two advisers to the governor — Brian Brokaw and Dan Newman — broke from Lee’s super PAC, as our colleague Christopher Cadelago scooped. (POLITICO)

DOUBLE TROUBLE — Alameda County District Attorney Pamela Price was already facing a recall effort, and now, questions are being raised about the hiring of her boyfriend in her own office. As the San Jose Mercury News reports, documents show that Antwon Cloird received a job that was never publicly advertised, and was hired in spite of questions about the Richmond-based company he claimed to help run. (The Mercury News)

 

A message from Californians for Energy Independence:

Experts warn that shutting down our highly-regulated local oil production, before we have enough alternative energies in place, risks California's access to reliable energy. As an energy island, with no pipelines and limited rail transport from other states, any energy we don’t produce locally must be imported from overseas - forcing our state to depend on volatile foreign countries for the oil we still need.

Eliminating local energy production doesn’t decrease consumption - it just changes where our energy comes from. California should continue to produce the oil and gas we still need here at home, rather than trade our highly-regulated, local energy for more costly foreign oil from countries without our world-leading environmental, labor, and human rights standards.
Keep California’s Oil & Gas Production Local

 
Playbookers

BIRTHDAYS — Jackie Calmes of the L.A. Times …

(was Sunday): Scott Nulty of Shield AI … Palantir Technologies’ Morgan Gress Johnson ...

(was Saturday): Meta’s Jackie Rooney and Josh Ginsberg …

(was Wednesday): Yvette Martinez of the California Democratic Party

 

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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 subscriber-only service offers, click here.

Want to make an impact? POLITICO California has a variety of solutions available for partners looking to reach and activate the most influential people in the Golden State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: [email protected].

 

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A plan to take Trump off the California ballot

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