If California’s Recall Is Illegal, So Was Jon Ossoff’s Election in Georgia

Gov. Gavin Newsom speaks at Universal Studios Hollywood in Universal City, Los Angeles, Calif., June 15, 2021. (Mario Anzuoni/Reuters)
One academic cries ‘unconstitutional,’ but we won’t hold our breath for a similar pronouncement over Georgia’s peculiar system.

NRPLUS MEMBER ARTICLE I n the New York Times, Professor Erwin Chemerinsky argues that California’s recall system is not merely a bad idea, it’s illegal. “The most basic principles of democracy,” Chemerinsky writes,

are that the candidate who gets the most votes is elected and that every voter gets an equal say in an election’s outcome. The California system for voting in a recall election violates these principles and should be declared unconstitutional.

Specifically, Chemerinsky notes that California employs a two-step system — in which the first vote is to recall or not recall, and the second is to choose a replacement — and contends that

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