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Race to replace Pelosi divides Democrats in San Francisco

After being securely held for nearly four decades by one of the most preeminent politicians in California history, the House seat to represent bright blue San Francisco in Congress is up for grabs in November — and dividing the Democratic Party.

Rep. Nancy Pelosi (D-San Francisco), 86, the powerful former House Speaker who’s held the seat since 1987, announced last year that she would not run again. In May, she passed over state Sen. Scott Wiener (D-San Francisco) — a prolific California legislator long considered a potential successor — to endorse San Francisco Supervisor Connie Chan, a local progressive with less legislative experience but strong support from labor.

Pelosi’s endorsement sent Chan, who had been languishing in polls, surging past Democratic tech millionaire Saikat Chakrabarti in the June primary. Chan finished with nearly 30% of the vote and Chakrabarti took 18%. Wiener won, with nearly 41% of the vote.

Both Wiener, a gay man and staunch advocate for the city’s large LGBTQ+ community, and Chan, who immigrated to the city from Hong Kong at age 13 and has deep ties to its large Chinese and immigrant communities, would make history by winning. Wiener would be the first out LGBTQ+ person to represent the city in Congress, and Chan the first Asian American immigrant woman.

The race has sharply divided the state’s Democratic establishment as a rare intraparty showdown between a deft legislator who has driven liberal California policy for years and a rising progressive with the powerful imprimatur of the icon they seek to replace.

Both acknowledge they would take the same or similar positions on many issues, and fiercely oppose President Trump’s agenda. But they also say San Franciscans face a real choice between them that will help define the city for years.

“There is a clear cut between the two of us,” Chan said. “He has long enjoyed establishment support and industry support, and we’ve been grassroots, on the ground, [Asian American and Pacific Islander] community, working people and labor unions — in collaboration and coalition building.”

“We need Democrats who are willing to fight — to fight in a smart way, and to fight in an aggressive way, to defeat Donald Trump and to lower the cost of living,” Wiener said. “We are past the time where we need Democrats in office who were just going along to get along, or who, like Connie Chan, are just part of the status quo.”

Wiener is a MAGA target

Wiener, 56, has lived in the Castro neighborhood since 1997 and was a deputy city attorney and local Democratic Party chair before being elected to the Board of Supervisors in 2010. He was elected in 2016 to the state Senate, where he’s had a massive influence, authoring more than 100 bills that have been signed into law. Allies and critics say he is a workhorse, and at times both effective and divisive.

Wiener has been endorsed by the state and local Democratic parties; a slew of state leaders including California Atty. Gen. Rob Bonta, state Senate President Pro Tempore Monique Limón (D-Santa Barbara) and Assembly Speaker Robert Rivas (D-Hollister); various queer and labor groups including AFSCME; more than half the city’s supervisors; and various members of Congress.

Wiener has passed some of the state’s most progressive laws on LGBTQ+ rights, including protections for gender-affirming care, and challenged federal immigration agents in California. He has also pushed progressive laws — backing safe injection sites, extending bar hours until 4 a.m., decriminalizing psychedelic drugs — that have put some of his fellow Democrats in uncomfortable spots when forced to vote on the controversial issues.

Some in San Francisco label him a moderate, though that designation would draw laughs elsewhere in the country and even in Sacramento. Wiener is one of the most reviled state politicians on the conservative right nationally, and has received scores of death threats for his work, particularly on transgender issues. His website touts a laundry list of profane and homophobic attacks from MAGA loyalists — Elon Musk called him a “scumbag,” former Rep. Marjorie Taylor Greene called him a “communist groomer” — that he wears as a badge of honor.

On housing, Wiener has pushed for deregulation and development near transit hubs statewide to solve the housing and affordability crises, riling some homeowners averse to increased density and some progressives who say his plan favors developers and threatens existing rent-controlled housing. On tech, Wiener has pushed for artificial intelligence regulation but also been criticized for taking a technocratic approach with buy-in from wealthy tech leaders.

Wiener has passed laws protecting net neutrality, capping prescription costs and mandating mental health parity, ending mandatory minimum sentences for nonviolent drug offenders, and requiring corporations disclose their greenhouse gas emissions. He has received substantial financial support from tech leaders and opposes Proposition 40, the ballot measure that seeks to impose a one-time tax on the state’s billionaires.

Rep. Robert Garcia (D-Long Beach), also gay and a former Long Beach mayor, said he considers Wiener a friend but also a generational legislator who has “led the country” on LGBTQ+ rights and housing policy. “I don’t think there’s a better legislator in the United States on housing,” Garcia said.

Rep. Laura Friedman (D-Glendale), who worked with Wiener for years in the state Legislature, said he has been a champion for many issues important to Californians — including the environment — while holding big industry accountable and backing labor. She said while many politicians decide to either rack up easy wins with legislation that barely moves the needle or focus on “progressive value signaling” without accomplishing much of anything, Wiener “takes on some of the most difficult and controversial progressive issues and really gets them done.”

Nancy Tung, the local Democratic Party chair, said many San Francisco politicians “recede” from the city’s raucous local policy debate once they reach higher office, but Wiener is “still is in the knife fight,” especially on housing and affordability issues — showing he cares about the city and making him “such a good fit” for Congress.

Tung said she understands the appeal of sending a fellow Asian American woman to Congress in this political moment, but that Chan “just does not have the legislative record that Scott has.”

Chan for ‘working people’

Chan, 47, who lived in a rent-controlled Chinatown apartment after immigrating with her mother and younger brother, now lives with her firefighter husband and son in the Richmond neighborhood. She was a community and legislative aide for years — including for then-Dist. Atty. Kamala Harris — before being elected to the Board of Supervisors in 2020. She has served as budget chair since 2023 and has centered her campaign, largely funded by Pelosi’s network, around what she calls her “career fighting for working people.”

Chan has been endorsed by a host of Congress members, including Pelosi and Sen. Adam Schiff (D-Calif.); major labor groups including the California Federation of Labor Unions and the California Teachers Assn.; various progressive organizations and fellow and former supervisors; former mayor and S.F. power broker Willie Brown; and Chakrabarti, who since the primary has shared his campaign staff and funding with her.

Chan, who supports Proposition 40, has helped create a $400-million reserve fund in San Francisco to make up for federal cuts to Medicaid and housing subsidies. She also passed a supplemental budget to fund immigration defense services for people targeted by the Trump administration and passed various labor-friendly measures, including a minimum wage increase for in-home workers and cost-of-living adjustments for city service workers.

Pelosi said Chan “understands that budgets are statements of our values,” has “championed justice and progress for working families” and “brings an important lived experience to this moment” as an immigrant woman. Schiff said Chan has impressed him as “a very powerful voice for those who are disenfranchised” and someone with “the potential of growing into” a leader like Pelosi.

Kim Tavaglione, executive director of the San Francisco Labor Council, said she encouraged Pelosi to endorse Chan because Chan “supports San Francisco values,” listens to labor and is a great strategist.

Cleve Jones, the San Francisco activist who has fought for gay political representation since Harvey Milk’s historic 1977 election to the Board of Supervisors, said Wiener “has done some very good things, particularly around LGBTQ issues and HIV/AIDS,” but also angered some in the LGBTQ+ community by repeatedly showing up to an annual Trans March that organizers ask politicians not to attend.

Wiener, who is Jewish, was aggressively heckled at this year’s march, namely for his stance on the Israeli war in Gaza, which he was slower than other progressives to label a genocide. Conservatives mocked him for being targeted by his base, and Wiener ended up fundraising off the incident — which Jones said was “so cynical.”

He said Wiener’s “loyalty is to big developers, big tech and big real estate,” and that he “doesn’t really see the urgency of yet another white man elected to Congress” when San Francisco can send a stronger message by electing Chan, an immigrant woman of color.

Affordability and Trump

Chan said she is a “pragmatic” progressive who has balanced the city’s budget while protecting “healthcare, education, immigration resources” and other working-class priorities. She said Wiener is focused on deregulation for market-rate housing development, whereas she has prioritized tenants’ rights and protecting existing rent-controlled housing in her push for affordable units.

Chan said she will “walk and chew gum at the same time” in Washington by working for affordability while battling Trump, including by reversing his healthcare cuts, expanding Medicaid, providing affordable childcare, abolishing U.S. Immigration and Customs Enforcement and finally figuring out meaningful immigration reform.

“I’m not sugarcoating it as if it’s easy. But we gotta be able to find ways to work together to push those things forward,” she said.

Wiener said he and Chan share the goal “of getting Trump and MAGA out of office, and then making sure that people never feel tempted to flirt with authoritarianism again.”

But he said the way to do that is to advance policies that will “lower people’s cost of living and make people’s lives more sustainable” — including by passing universal healthcare, building millions of new homes, creating low-cost child care and leading a clean energy transition — and that he is the only candidate in the race with a proven ability to do that.

“This is a race to succeed the most effective and operational member of Congress in modern American history,” Wiener said. “San Francisco should send someone who actually has a track record, a proven track record, of being able to deliver.”

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Taxpayers have funded nearly $1.5 milliom in pro-Trump ads. Criticism is mounting, including from the GOP

The White House has spent days fiercely defending three taxpayer-funded advertisements that glorify President Trump — approaching at least $1.5 million in public spending — calling them public service announcements.

“Don’t let the Fake News get away with their lies about our epic Public Service Announcements that have been running on tv,” White House communications director Steven Cheung posted on X on Sunday.

But the Republican administration’s ads attracted mounting criticism on Monday, including from members of Trump’s own party.

“It shouldn’t be paid for with taxpayer dollars,” Senate Majority Leader John Thune, R-S.D., told reporters.

“It would not have been something that I would have done. And I know that the White House is not covered by the same guidance that we are, but it’s not something that I would have done,” said Sen. Mike Rounds, another South Dakota Republican.

Multiple legal experts consulted by the Associated Press said the ads appear to run afoul of federal statutes, including a law against congressionally appropriated funds being used for “publicity or propaganda” and a law that limits the partisan political activities of government employees.

They said the new ads, which are airing on network and cable TV and streaming, differ from other administrations’ PSAs because they aren’t designed to help Americans access any specific program.

“You watch all three ads, they’re sheer propaganda,” said Richard Painter, a former White House ethics czar under Republican President George W. Bush. “This is increasingly looking like what authoritarian governments do to promote their leaders.”

The heightened scrutiny comes as the Trump administration has increased spending on the ads and bought time on popular TV shows, including college football and National Football League programming. It remains unclear which part of the government is supplying the funds.

With both chambers of Congress led by Republicans, any oversight would likely have to come from Trump’s allies, decreasing the likelihood of hearings or other accountability efforts before November’s midterm elections.

Three ads have aired in less than a week, totaling well over $1M

The first ad in the campaign, which began airing last Wednesday, features clips of Trump talking about defeating communism interspersed with onscreen text promoting the “largest tax cuts in history,” “reigniting American manufacturing” and a call to “defend law and order and police.”

Later in the week, a second ad began running, showing scenic videos of Mount Rushmore at night with quotes and clips from Trump’s Fourth of July weekend speech there honoring the country’s 250th anniversary.

The latest of the ads, a spot first aired over the weekend, is virtually identical to an ad for Trump’s Republican reelection campaign in 2024. It shows him walking down a hallway as his voice can be heard warning of a “final battle” against “globalists” and “warmongers.”

All three ads end with a message that says: “Paid for by the U.S. Government.” The White House hasn’t responded to inquiries about which part of the government is paying.

According to AdImpact, which tracks media spending, the spots have so far cost more than $1.4 million and run across a wide range of TV networks around the country. The actual amount spent could be significantly more, depending on whether networks classified the ad as a political ad.

The ads are different from past PSAs, experts say

In defending the campaign, the White House published a list of PSAs from recent Democratic and Republican administrations.

Among the examples it cited were Bush’s Republican administration touting a Medicare law, Barack Obama’s Democratic administration promoting Affordable Care Act subsidies and Joe Biden’s Democratic administration running ads promoting COVID-19 vaccinations.

“The announcements are very clearly not campaign ads; President Trump is not on the ballot and there is no call to action,” the White House wrote. “Instead, the announcements are a reminder for Americans to love their country and know why it’s worth defending — at home, at the border, and abroad.”

Kathleen Clark, a legal ethics professor at Washington University in St. Louis, said in her view the new ads differ from the examples the White House provided because they aren’t aimed at helping members of the public benefit from specific government programs.

“These ads are nothing more than government propaganda, aimed at helping Trump,” she said.

Painter, who joined the Bush administration after the Medicare PSAs went out, said that ad campaign toed the line on appropriateness because it included misleading information about Medicare Part D. But he said Trump’s campaign is a far more egregious violation of the statute that blocks congressionally appropriated money from being spent on publicity or propaganda.

“There’s nothing in here about a particular policy that’s at all focused,” Painter said of Trump’s ads. “One of them is just about the evils of the deep state. Another one of them is about communists and Marxists.”

In its support for the ads, the White House also referenced the administrations of President Woodrow Wilson and President Franklin D. Roosevelt, both of whom used posters, radio and film to rally the country during World Wars I and II.

James Kimble, a communication professor at Seton Hall University who studies domestic propaganda, said it’s true that Wilson’s Democratic administration used propaganda to rally Americans. But he said most Americans no longer view its actions in a positive light.

“By almost any objective measure, looking back, we find what they did pretty repulsive,” he said.

Skepticism of the campaign grows on the Hill

Top Democrats on the Senate and House appropriations committees last week wrote to the White House demanding the ads be taken down and requesting more information on how much money was spent to create and air them.

In the days since, more than a dozen Democrats and a handful of Republicans have spoken up to further criticize the ads. Senate Minority Leader Chuck Schumer called the latest ad “an absolute violation of what a democracy is supposed to look like.”

“Americans sat down to watch football, not to be force-fed Trump’s propaganda on their own dime,” he said in a Senate floor speech Monday.

Sen. John Kennedy, a Republican from Louisiana, said on CBS’s “Face the Nation” on Sunday that no public official should spend public money on private ads for themselves.

And Rep. Thomas Massie, a Kentucky Republican who lost his primary to a Trump-backed challenger, had his own harsh words for the administration on Monday.

“Don’t worry, using taxpayer dollars to run ominous campaign ads of the President has been done before and is completely legal… in banana republics,” he wrote in an X post.

The Republican chairs of the Senate and House appropriation committees didn’t respond to requests for comment.

Swenson writes for the Associated Press. AP writers Mary Clare Jalonick and Steven Sloan contributed to this report.

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State attorney general to oversee Kaiser’s medical arbitration system under new law

The California attorney general will help oversee healthcare giant Kaiser Permanente’s medical arbitration system to ensure it operates fairly under legislation Gov. Gavin Newsom signed late Sunday.

Patients, their families and lawyers have complained that Kaiser’s private and confidential system of handling medical malpractice complaints is designed to favor the health plan over those bringing the claims.

Under legislation known as Assembly Bill 1770, the attorney general will decide what actions justice officials should take to ensure private arbitrations required by any health plan are handled fairly and in line with state law.

To do that work, the state plans to add as many as four deputy attorneys general, a legal analyst and three legal secretaries, according to a legislative analyst’s report.

“We look forward to continuing to resolve claims through an independently administered system that provides a fair and efficient process for members and patients,” Kaiser Permanente said in a statement Monday.

Roughly 1 of every 4 Californians get healthcare from Kaiser. To join the plan, each one had to check a box, agreeing to use arbitration to settle any dispute.

Many companies and other organizations, including some hospitals and physician groups, require customers or patients to take their complaints to private arbitration rather than to court.

But unlike most other companies, which send claims to large arbitration firms, Kaiser created its own system.

Under Kaiser’s system, once a neutral arbitrator is selected, either party can opt to disqualify that person without cause. There is no limit on the number of disqualifications.

While the health plan designed the system to be fair, patients and their lawyers have alleged that Kaiser’s greater knowledge of arbitrators’ past rulings and its ability to veto arbitrators gives it an advantage to pick favorable judges.

Critics also say the hourly fees paid to arbitrators provide them with a financial incentive to rule in Kaiser’s favor so they will be selected for future cases. Most of the arbitrators are retired judges.

Kaiser has previously defended its arbitration system, saying it was fair for both patients and for the nonprofit.

The bill was authored by Assemblyman Robert Garcia (D-Rancho Cucamonga), a longtime Kaiser member.

Support for it was led by Stephen Martinez, a retired aerospace engineer from Bellflower, who with his wife, Lindalee Iverson, spent $350,000 to bring two arbitration cases against Kaiser. The arbitrator ruled against the couple in both cases.

Iverson died of cancer in 2023.

Martinez told legislators at a hearing this year how his wife had found a lump in her breast and asked for an appointment with her longtime caregiver at Kaiser to examine it. Instead she was sent to a physician assistant, who dismissed it, he said. Later, it was found to be cancer that had spread.

A chief breast surgeon at Kaiser and another surgeon who had retired from that job both testified that the Kaiser physician assistant failed to follow the health system’s guidelines.

Kaiser’s expert argued that the physician assistant did an appropriate exam and that his low suspicion of breast cancer was reasonable. The neutral arbitrator sided with the health plan’s expert.

Martinez has spent years trying to get legislation to make the system more fair.

“I’m elated,” Martinez said of Newsom’s signing of the bill, which was named Lindalee’s Law. “It’s been a long road.”

According to the annual report prepared by the independent administrator of Kaiser’s system, the “most common” complaint the office heard last year was about the neutral arbitrator.

“Most complained that the arbitrator was biased, partisan, unjust, and in Kaiser’s favor,” the report said.

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Propaganda or a PSA, Trump’s latest ad blitz is paid for by you.

“America will never be a communist country,” states the 30-second television ad.

Never mind that socialism is a more probable scenario given the rise of New York Mayor Zohran Mamdani and Nithya Raman’s healthy lead in the Los Angeles mayoral race. This commercial is not about semantics, political systems or the health of the nation.

It’s about touting the alleged achievements of President Donald Trump, from “reigniting American manufacturing” to “defend[ing] law and order” and giving Americans the “largest tax cuts in history.”

One can argue the legitimacy of such claims if they still have the energy to do so after 10 years of relentless MAGA puffery, but the real issue here is that this particular piece of bluster is produced and funded by the U.S. government.

Laws prohibit taxpayer funds from being used for “publicity or propaganda,” even if the White House is referring to its new ad campaign as a PSA.

“This is the sort of government propaganda one might expect in North Korea, not the United States of America, and it is an egregious and utterly illegal misuse of Americans’ hard-earned tax dollars,” wrote Democratic House and Senate Appropriations Committee members in a letter sent Friday to Trump’s Chief of Staff Susie Wiles.

They demanded that the ad be immediately taken off the air and that “Federal employees who knowingly violated Federal law in working on and paying for this advertisement” be disciplined. “The law is not complicated,” they wrote. “You cannot use taxpayer dollars for political advertisements.”

The spot, which first aired Wednesday on conservative media outlets Fox News and Newsmax, cost $14,000, according to the firm AdImpact, which tracks media spending. By Friday, that number had jumped to $430,000 as the ad hit multiple markets across the country.

And it isn’t the only instance of American tax dollars at work — for Trump. A second ad paid for by you aired Thursday night on CBS.

The minute-long commercial featured footage of the president speaking against the backdrop of Mount Rushmore in an audacious display that might have turned George Washington, Thomas Jefferson, Abraham Lincoln, and Theodore Roosevelt to stone if they weren’t already immortalized in granite.

It included clips from the U.S. military’s Jan. 3 capture of Venezuelan President Nicolás Maduro and his wife, snippets from Trump’s Independence Day weekend speech, a voiceover from UFC CEO Dana White praising the president as “the toughest, most resilient person” he’s ever met, and a montage of images featuring Trump, Trump and more Trump. It ends with the star of the show proclaiming, “This is only the beginning of the golden age of America,” then comes the written disclosure: “Paid for by the U.S. Government.”

Anyone who has lived in or traveled to countries with state-run media will recognize the similarities between Trump’s ads and those of, say, former Iraqi dictator Saddam Hussein or current strongmen like North Korea’s Kim Jong Un: the intense leader-like gaze, the baseless claims, substandard production quality and music that suggests the subject of the ad should be worshipped. (Trump’s choice for the first ad was “Love Me” by R&B singer JMSN, who opposed the use with an emphatic “I would never…”)

But on U.S. television, the ad feels more desperate than dictatorial. The whiff of desperation coming from the ad blitz may have something to do with the president’s dismal polling numbers headed into November’s midterms.

The administration has argued its ads are “educational and unapologetically patriotic” public service announcements. The White House said in a statement, “These public service announcements are about reminding Americans to love their country and understand what makes it worth defending, at home, at our borders, and abroad.”

A White House official reportedly said that the PSAs “are clearly not political” and noted that “the President is not on the ballot and the ads don’t have a call to action.”

Trump has repeatedly told his base to vote like he was on the ballot.

With propaganda like this coming out of the White House, communism is hardly the biggest threat facing the country.



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Justices uphold Trump’s expanded data checks to spot noncitizens who registered to vote

The Supreme Court on Friday upheld President Trump’s expanded use of government data to spot non-citizens who are registered to vote.

The justices granted an emergency appeal from Trump’s lawyers and set aside a judge’s order that blocked use of this data on the grounds it was error-prone, particularly for naturalized citizens.

Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan dissented.

The decision will aid states that seek to scrub their voter rolls and remove those who are not citizens.

Several Republican-led states including Texas and Florida supported the administration’s appeal.

The use of the new database “allowed Texas to more efficiently, promptly, and economically ensure the accuracy of its voter rolls,” the state said. It was “able to run its entire list of 18 million voters” through the expanded system of checks “in bulk and for no cost.”

It’s not clear the decision will have much impact in California and other Democratic-led states. It is likely to have a limited impact in the month ahead because the law forbids states from purging their voter rolls in the 90 days prior to an election.

The court, in an unsigned opinion, said the law supported use of the data.

“The federal Government has an obligation to respond to requests from state and local election officials seeking to verify the citizenship of voters,” the court said. “The order below prevents the federal government from using the program it believes is best suited to the task.”

The administration said the Department of Homeland Security can respond to more than 1 million requests per day to check if a person appears to be a citizen or not based on Social Security records and other data files.

If not, state or county election officials may require these suspect voters to furnish proof of their citizenship.

However, states and local election boards are not required to conduct these searches. The administration also said its data reports are not final proof of citizenship.

Upholding these data searches “would not require states, candidates, parties, or voters to do anything,” Solicitor Gen. D. John Sauer told the court. “It would simply make available to states additional information. … States that wish to use that information in the course of ensuring that only eligible citizens cast ballots this November should be free to do so.”

In dissent, Jackson said the court’s order creates the “risk that states might cancel the voter registrations of at least some recently naturalized citizens or force such persons to provide proof of citizenship before voting.”

The new system of voter checks is based on the 40-year-old Systematic Alien Verification for Entitlements, or SAVE, that was created by Congress. Then, the goal was to check if applicants were entitled to receive federal benefits.

Last year, Trump issued an executive order directing Homeland Security to expand the reach of SAVE to provide states “access to appropriate systems for verifying the citizenship or immigration status of individuals registering to vote or who are already registered to vote.”

It is a federal crime for non-citizens to register and vote.

Trump has long maintained that non-citizens are voting, but he has had little evidence to support that claim.

Voting rights advocates sued, contending the new “mass verification” system was not authorized by Congress and relied on data that is protected as private under the law.

In June, U.S. District Judge Sparkle Sooknanan, a Biden appointee, agreed and blocked use of the expanded searches. The administration has “trampled on the privacy rights of American citizens in a manner that threatens the sacred right to vote,” she said.

On Sept. 4, the U.S. court of appeals by a 2-1 vote refused to overturn her ruling, prompting the administration’s fast-track appeal.

The voting rights advocates, led by the League of Women Voters, had urged the court to stand aside.

“The government has recklessly created an error-laden master citizenship database that endangers millions of Americans’ privacy and voting rights,” they said.

The data searches are flawed, they argued, because they “only reflect a person’s citizenship status when they applied for a Social Security number. That status does not automatically update if the person later naturalizes.”

Texas admitted that the mass checks yield “some inaccurate information.” It said 2,724 people were cited as “potential non-citizens” among its 18 million registered voters.

In response, county officials had to check further to confirm the citizenship of these voters, the state said.

Last week, the Supreme Court dealt Trump a defeat when it blocked use of his proposed postal rules that could have prevented millions of voters from casting ballots by mail.

In a brief order, the court said Trump’s claims of power over states and their voting were “unlikely to succeed.”

But in the case of the expanded data files, the court said the law appears to favor the administration.

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Court reminds California sheriff he’s not above the law

Riverside County Sheriff Chad Bianco got slapped down Thursday by the California Supreme Court in not one but two cases. Ouch.

First, the court told Bianco to return more than 600,000 ballots he had seized as part of an ill-conceived, conspiracy-laden “investigation” into voter fraud — making it clear it was the sheriff who was the criminal.

“The seizure of the ballots was unlawful,” the court wrote, before ordering Bianco to give them back to the registrar of voters and “refrain from further handling of the ballots except as necessary to comply with our order.”

Then the court, in a separate case, told Bianco he’s not a law unto himself, and in fact does have a boss in the form of the state Atty. Gen. Rob Bonta. Bonta had previously ordered Bianco to pause his investigation, and Bianco largely ignored him.

The court found that the constitutional authority held by the attorney general “includes the power to give binding directions to sheriffs.”

While the high-profile lawsuit about Bianco’s seizure of hundreds of thousands of ballots from last year’s special election on redistricting has grabbed headlines, the second case about the authority of the state attorney general to oversee all California sheriffs and district attorneys is equally powerful.

It’s the first time the court has weighed in on a long-running debate in California over whether elected sheriffs have to answer to anyone. Not only did Bianco lose for election deniers everywhere in the first case, he also managed to clarify for all California sheriffs in the second case that they are not as powerful as some would like to believe.

Combined, the two opinions by the state’s highest court give another layer of assurance to Golden State residents that the integrity of the November midterm elections is as secure as the state can make it — some welcome news in a national landscape where free and fair elections are increasingly at risk.

The quiet advocate

Before we get into what the ruling means for midterms in California, there are two overlooked bits that make these cases even more interesting.

First, gubernatorial candidate and former Atty. Gen. Xavier Becerra has been closely involved in the ballot-seizing case, but also pretty quiet about it.

Whenever a politician does something good and doesn’t advertise it, it always catches my attention. Politicians, especially ones running for office, aren’t big on modesty.

But Becerra has not spent a lot of time talking about this, even though he is actually a working attorney on this case, as an advisor to the UCLA Voting Rights Project. He came up with ideas, he participated — this wasn’t just a put-my-name-on-it role, I’ve been told by folks who know.

And it’s not the first time Becerra has helped the Voting Rights Project in a major endeavor. It was their work that helped define the legal arguments that made Proposition 50 happen. That’s last year’s ballot initiative that redrew California voting maps to favor Democrats, in response to a Texas effort to gerrymander in favor of Republicans. It was Proposition 50 ballots that Bianco seized.

“Today the California Supreme Court handed voters a great victory,” Becerra said in a statement from the voting project. “The Court knocked election deniers off their feet and strengthened our hand in election protection just ahead of the November vote. We must use every lever at our disposal to beat back voter interference and intimidation.”

That line about knocking election deniers is not hyperbole. In some far-right, conspiracy-rich circles, Bianco’s cowboy-saving-the-day routine was viewed as heroic. Maybe even something to emulate.

Across the country, there are rumblings — including from President Trump — about seizing ballots from past or future elections. While this ruling is firmly rooted in California law, most states have similar chains of custody when it comes to ballots. So it’s likely to at least make other would-be-Biancos pause.

In a later interview, Becerra told me that the Voting Rights Project was “the one thing I decided I would do after I came home from being secretary in Washington, D.C.,” whether he ran for office or not, “just because I so believe in the work that they do.”

He said as he campaigns this year, he’s seeing anxiety in minority communities from that interference and intimidation, maybe even fear that could pressure some legal voters to sit this one out.

“It makes it tough when you’ve got all these things standing in your way before you even get to thinking about going to vote,” Becerra said. “The Latino community, other communities, mostly under-served communities, I always tell them, we’re not rich. The way we win these things is by voting.”

The Liu concurrence

The second fact that caught my attention was a concurring opinion on the ballot case by Justice Goodwin Liu.

While the court was unanimous in its findings, Liu wrote his own opinion highlighting how the Riverside registrar of voters was “caught between a rock and a hard place” when the sheriff of his own county showed up with a warrant, guns and “enough trucks to remove several pallets of materials.”

That trifecta, Liu wrote, left the registrar little room for dissent — but that’s a problem.

Liu’s point seemed to be that with the current state of our president making election denial chic, our voting officials need to step up. He said the registrar should have come directly to the court for relief, and not left it to the Voting Rights Project and other plaintiffs.

“It is a lot to ask of our election officials that they not only do their jobs competently but also stand ready to sue anyone who unlawfully interferes with their duties,” Liu wrote. “Yet here we are.”

Since Bianco seized the ballots, state law has been changed. This session, legislators passed (and Gov. Gavin Newsom signed) at least 13 laws pertaining to election security, including making it a felony to break the chain of ballot custody, and ensuring that local election officials immediately contact the state in instances when that is threatened. Those laws will offer protection to election officials if a situation like this comes up again.

But Liu’s point is still valid. Being an election official is no longer a sleepy little job, but a front-line battle for democracy, and for “our democracy to flourish, our elections must be conducted in accordance with the law.”

Which brings us back to the midterms. California shouldn’t be complacent, but the state isn’t slouching on preparation, or resolve.

As Bonta put it, “if you can imagine it, we are ready for it.”

I’m not quite that confident — and definitely concerned for contests outside of the Golden State — but Thursday’s rulings are a reminder that the law still holds, even when lawmen try to break it.

What else you should be reading:

The must-read: Ballot seizure by Riverside County sheriff was ‘unlawful,’ California Supreme Court rules
The California angle: This deadly fungus isn’t just a rural threat anymore. New studies point to cities and oil wells
The L.A. Times Special: Hollywood would get 20% federal film tax credit under proposed new bill
Stay Golden,
Anita Chabria

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