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      How Did Larry Elder Become a Front-Runner in California’s Governor Race?

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      Mr. Elder, a conservative radio host who paints himself as the native son of a simpler and safer California, has drawn criticism from Democrats and Republicans alike.SACRAMENTO — For a generation, Larry Elder has been an AM radio fixture for millions of Californians, the voice they could count on when they were fed up with liberal Democratic politics. Undocumented immigrants? Deport them. Affirmative action? End it. Equal pay? The glass ceiling doesn’t exist.Now Mr. Elder, a Los Angeles Republican who bills himself as “the sage from South Central,” could end up as the next governor of the nation’s most populous state. As the campaign to recall Gov. Gavin Newsom has become a dead heat among likely voters, Mr. Elder has emerged almost overnight as the front-runner in the campaign to replace him.Fueled by a combination of arcane recall rules, name recognition and partisan desperation, his rise to the top of a pack of some four dozen challengers has stunned and unnerved many in both parties.Democrats call him the agent of a far-right power grab. Republican rivals say he is an inexperienced, debate-dodging opportunist. Orrin Heatlie, the retired sheriff’s sergeant who is the recall’s lead proponent, said he and his fellow activists were voting for someone else.This month, The Sacramento Bee and two Republican candidates — Kevin Faulconer, the former San Diego mayor, and Caitlyn Jenner, the television personality and former Olympian — demanded that Mr. Elder drop out of the race after an ex-girlfriend of his said he brandished a gun at her while high on marijuana during a 2015 breakup.“We were having a conversation and he walked to the drawer and took out a .45 and checked to see that it was loaded,” Alexandra Datig, 51, said in an interview. Ms. Datig, who worked as an escort in the 1990s and now runs Front Page Index, a conservative website, said: “He wanted me to know he was ready to be very threatening to me. He’s a talented entertainer, but he shouldn’t be governor.”Mr. Elder, 69, did not respond to requests for comment about Ms. Datig’s claims, but he did tweet that he has “never brandished a gun at anyone,” adding, “I am not going to dignify this with a response.”The onslaught has come as a Sept. 14 election deadline nears. Ballots have been mailed to all active registered voters, asking whether the governor should be replaced, and, if so, by whom.Supporters of Mr. Elder outside of a debate by Republican candidates this month.Marcio Jose Sanchez/Associated PressConstitutional scholars say Mr. Elder’s sudden ascent is an example of all that is wrong with the recall process, which requires a majority to oust a governor but only a plurality to replace one. Polls show a rout by Mr. Newsom among all Californians but a far tighter race among likely voters. Mr. Elder leads 46 challengers on the ballot with about 20 percent of the likely vote.Mr. Newsom, whose fate rides on turnout, has made a foil of Mr. Elder, a “small-l libertarian” who reliably agitates the governor’s base with claims, for instance, that the minimum wage should be zero, the “war on oil” should be ended and racial preferences are destructive..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“The leading candidate thinks climate change is a hoax, believes we need more offshore oil drilling, more fracking, does not believe a woman has the right to choose, actually came out against Roe v. Wade, does not believe in a minimum wage,” Mr. Newsom has told supporters.“Don’t paint me as some wild-eyed radical,” Mr. Elder said in a recent interview. “I’m running because of crime, homelessness, the rising cost of living and the outrageous decisions made during Covid that shut down the state.”To his loyal listeners, Mr. Elder paints himself as the native son of a California that was once simpler and safer than the teeming, disaster-prone nation-state he sees anchoring the West Coast today. Listeners know that his father, a former U.S. Marine, saved his pay as a janitor to open a restaurant in Los Angeles’s Pico-Union district, and to buy a house in a neighborhood that shifted from mostly white to mostly Black residents in less than a decade.His father was also violently abusive, Mr. Elder wrote in 2018, driving him to leave home the moment he graduated from Crenshaw High School. Admitted to Brown University under an early affirmative action program, Mr. Elder, the second of three sons, stayed away from California for years, moving on to the University of Michigan Law School and becoming a lawyer and legal recruiter in Ohio.He was a guest on a Cleveland PBS show when the stand-in host, the Los Angeles-based conservative talk radio host Dennis Prager, suggested he come back.“I was so impressed with his original mind and phenomenal grasp of the issues that when I returned to Los Angeles I invited him onto my show — solely in order to persuade the KABC station manager to hire him,” Mr. Prager wrote in an email.Mr. Elder in a Burbank, Calif., studio last month. He has been on talk radio in the Los Angeles area since 1994.Marcio Jose Sanchez/Associated PressIt was the age of Rush Limbaugh, and Mr. Elder rose swiftly. Los Angeles progressives boycotted his advertisers, but he hung on, writing books, making Fox News appearances and expanding through syndication until 2014, when the station abruptly fired him. Another station soon picked him up; Salem Media Group has syndicated his show since 2016 and is holding his slot while he campaigns.“I have never, ever, ever, ever thought I would be entering politics,” Mr. Elder said. But he was persuaded, he said, by Mr. Prager, Jack Hibbs, the evangelical pastor of Calvary Chapel Chino Hills, and a host of others including radio colleagues, his barber and his dry cleaner.“I kept waiting for somebody to say, ‘Are you kidding?’” he said. “But nobody said that. People said: ‘If not you, who? If not now, when?’”Mr. Elder’s political positions speak loudly and clearly to the state’s small but vocal strain of far-right conservatism. He supports school vouchers and prioritizes jobs over environmental and climate considerations. He opposes abortion. He is vaccinated against the coronavirus because of a rare blood condition but opposes vaccine and mask “mandates.”And, G.O.P. consultants note, Mr. Elder is among a handful of California Republicans with enough name recognition to compete in a state of almost 40 million people.“I’ve been a listener of his for years,” said Shelby Nicole Owens, 35, a Republican in the rural community of Sonora who admired Mr. Elder’s consistency and “common-sense approach” long before her ballot arrived in her mailbox.“Done and done!” she posted on his Facebook page, adding a kiss-blowing emoji after marking her vote.But establishment Republicans such as Mr. Faulconer, say he is more suited to provocation than to governing.While other candidates disclosed their income taxes, Mr. Elder supplied partial returns and then successfully challenged the state requirement, keeping his private.Gov. Gavin Newsom has made a foil of Mr. Elder, a “small-l libertarian” who reliably agitates the governor’s base.Justin Sullivan/Getty ImagesAfter incomplete conflict-of-interest disclosures — now being investigated by state campaign finance regulators — were amended, they showed that Mr. Elder is being paid by The Epoch Times, a purveyor of political misinformation and far-right conspiracy theories.He has refused to debate other Republicans and bashed the news media when challenged. He has told left-leaning editorial boards that President Biden fairly won in 2020 and conservative radio interviewers that he did not.He has recanted assertions made in 2008 that climate change is “a crock” but, in an interview, offered $10,000 to charity for proof he had ever said that and falsely claimed that “nobody really knows to what degree” humans caused climate change. He has written that Democrats do better with female voters because, according to academic research, “women know less than men about political issues.”In an interview this month, Mr. Elder said he had been single since an amicable divorce in the 1990s, and now shares his Hollywood Hills home with a girlfriend who is an interior designer. Asked about Ms. Datig, he said they had dated “for a few months and that’s it.” Ms. Datig said they lived together between 2013 and 2015 for 18 months and discussed marriage.Employed by Heidi Fleiss and the now-deceased Beverly Hills Madam during the 1990s, Ms. Datig has since spoken publicly against sex trafficking and worked as an assistant to a now-retired Los Angeles city councilman. She used her connections to help Mr. Elder get a Hollywood Walk of Fame star, she said, and tattooed “Larry’s Girl” across her lower back.Mr. Elder and Alexandra Datig, a former girlfriend, in an undated photo.via Alexandra DatigBut as the relationship deteriorated, she said, he threatened eviction. A legal agreement shows she left for $13,000 in relocation money, $7,000 for tattoo removal and a Cadillac.She did not report the alleged gun incident to the police, she said, in part because she had signed a 2014 nondisclosure agreement, but she did ask for help from acquaintances and city officials. Three confirmed last week that they had gotten her emails.Ms. Datig, who has endorsed Mr. Faulconer, said she went public after learning that her NDA was less restrictive than she had realized.And Ms. Owens, the voter? At her farm in Tuolumne County, she predicted that fans of Mr. Elder would be unshaken.“There does not seem to be a politician alive today,” she said, “that doesn’t have some sort of past relationship scandal.”The sage from South Central, she added, still has her vote. More

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      Why the Recall in California May Replace Newsom with a Republican

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      The populist politics that may eject Gov. Gavin Newsom of California, a Democrat, from office before his term is out are more than a century old. Progressive reformers took power in California in 1911 promising, in the words of then newly elected Gov. Hiram Johnson, to restore “the people’s rule” and destroy “the former political master of this state,” the Southern Pacific Railroad.As part of their program, the progressives convinced voters to enact the initiative and referendum, promising that those electoral tools would prevent private interests from ever again subverting the people’s will. They also enshrined in the state Constitution “an admonitory and precautionary measure which will ever be present before weak officials,”: the recall.Though they worked to strengthen democracy, the well-meaning reformers created a weapon that, one hundred years later, could be wielded by an aggrieved minority to thwart the will of the people whom turn-of-the-century progressives aimed to protect. The relative ease of California’s recall process is just one of many long-term factors that, combined with Mr. Newsom’s inconsistent leadership, has created the possibility that California, one of the bluest states in the nation, may soon find itself with an extremely conservative Republican governor. A recent poll gives Mr. Newsom only a 3 percent edge among likely voters in the recall election, scheduled for Sept. 14. If he gets anything less than 50 percent, then the top vote-getter among his opponents — at this point, the Trump-backing, mask- mandate-opposing radio host Larry Elder, with only about 20 percent support among likely voters polled — would replace him.America’s constitutional landscape, at both state and federal scale, contain provisions that can be bent to fulfill anti-majoritarian agendas. Like the filibuster in the U.S. Senate, the Senate itself and the Electoral College, California’s recall process allows a determined minority to overrule the will of the voters. The state constitutional amendment promoted by Governor Johnson that established the recall set a relatively low bar for its use. Recall proponents need attain the signatures of only 12 percent of voters in the most recent election for governor. (Many other states set the minimum at 25 percent.) Still, despite dozens of attempts, recall organizers almost always failed to get enough signatures within the 160 days prescribed by law. The one exception occurred in 2003, when voter anger over rolling electrical blackouts led to the successful recall of another Democrat, Gov. Gray Davis and his replacement by Arnold Schwarzenegger, the Hollywood celebrity and a Republican. The recall proponents of 2021 would have failed as well, but a judge agreed to give them an additional 120 days because the pandemic made it difficult to obtain signatures in person.The extension gave recall proponents enough time to target right-wing voters and encourage them to send in their petitions. Partisan polarization, as pronounced in California as in the rest of the nation, is another long-term reason for Mr. Newsom’s current state of political peril. California is a deep blue state: Joe Biden won 64 percent of the presidential vote in 2020, Mr. Newsom won 62 percent of the vote for governor in 2018, and the Republican Party claims only 24 percent of registered voters. But some areas of the state, particularly the Sierra Nevada foothills and the sparsely populated counties in the state’s Far North, are home to right-wing activists who abhor Mr. Newsom’s liberal policies on immigration, marriage equality, gun control and income taxes.Living in an overwhelmingly Democratic state, these conservative residents feel angry, alienated and powerless. Some even want to secede and form a new state with like-minded rural conservatives in southern Oregon. Residents of California’ northernmost counties, whose hand-painted signs proclaim that drivers on Interstate 5 north of Redding are entering the “State of Jefferson,” signed the recall petition in astonishing numbers. In Lassen County, more than 18 percent of registered voters signed, as opposed to less than 2 percent in San Francisco County. These conservative voters are more likely to believe that the 2020 election was stolen from the Republicans and that mask and vaccine mandates are examples of tyranny. Some of them believe that any Democratic executive is by definition illegitimate.Mr. Newsom was the first governor in the nation to issue a mask mandate, and his early pandemic response won him high approval ratings from most Californians. But the state’s shifting guidance on masks, as well as on business and school reopenings, caused some of those early supporters to change their minds. The governor made his biggest personal mistake last November, when he and his wife joined other guests without masks to celebrate the birthday of a lobbyist friend. Not only did the governor violate his own face-covering policy, he did so at one of Northern California’s most expensive restaurants, the French Laundry, in Napa Valley. The pictures of the event crystallized an image of him as an elitist and a hypocrite, and helped the recall campaign surge to more than 442,000 signatures in just one month from a little more than 55,000. Though Republicans see Mr. Newsom as the worst kind of tax-and-spend, gay-friendly, immigrant-loving liberal, many left-leaning Californians find him to be ineffectual at solving the structural problems of the state. Income inequality, they note, is increasing, despite some redistributive efforts by the governor and the state Legislature, and the number of homeless residents has reached historic levels. Fires destroy the homes of thousands of Californians every year, and make the air unbreathable for tens of millions more.Yet Mr. Newsom has accomplished a great deal, especially given the size of the various crises — involving the climate, the economy and public health — that he faces. He has pledged to spend hundreds of millions of dollars to try to prevent future wildfires, and forced the private utility PG&E, which has admitted blame for starting some of the worst blazes, to spend billions to compensate victims and to forgo dividend payments to shareholders for three years. He’s also signed the largest funding package for affordable housing and aid to the homeless in state history. Hiram Johnson and the progressives wanted to empower the voters to recall corrupt public officials, not punish those who struggled because they faced enormous public health and environmental emergencies.If liberal Californians cannot muster enough enthusiasm to send in their ballots against the recall, they might wake up on Sept. 15 to find themselves with a new governor-elect who has just a sliver of voter support. Such a result would almost certainly prompt a movement to change or even abolish the recall. To achieve Hiram Johnson’s stated goal of “the return of popular government in California,” its voters might need to consider getting rid of one of his signature reforms.Kathyrn Olmsted is a professor of history and the interim chair of gender, sexuality and women’s studies at the University of California, Davis. She is the author, most recently, of “Right Out of California: The Big Business Roots of Modern Conservatism.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Can Gov. Gavin Newsom Keep His Job?

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      The vote is expected to come down to whether Democrats can mobilize enough of the state’s enormous base to counteract Republican enthusiasm for Gavin Newsom’s ouster.President Biden sent an urgent message last week to the most populous state in the nation: Keep Gov. Gavin Newsom “on the job.” On the airwaves, Senator Elizabeth Warren, the prominent progressive from Massachusetts, has been repeatedly warning that “Trump Republicans” are “coming to grab power in California.”Text messages — a half-million a day — are spreading the word on cellphones. Canvassers are making their case at suburban front doors. As some 22 million ballots land in the mailboxes of active registered voters this week in anticipation of the Sept. 14 recall election, Mr. Newsom — a Democrat elected in a 2018 landslide — has been pulling out all the stops just to hold on to his post.The vote is expected to come down to whether Democrats can mobilize enough of the state’s enormous base to counteract Republican enthusiasm for Mr. Newsom’s ouster. Recent polls of likely voters show a dead heat, despite math that suggests the governor should ultimately prevail.Less than a quarter of the electorate is Republican. Mr. Newsom has raised more campaign cash than all four dozen or so of his challengers put together. And the governor’s most serious rival is the talk radio host Larry Elder, who has called global warming “a crock,” says the minimum wage should be “zero-point-zero-zero,” and gave Stephen Miller, the hard-line Trump administration immigration adviser, his first big public platform.But the coronavirus pandemic has not been particularly governor-friendly. Polls this month show that approval for Gov. Ron DeSantis of Florida is sagging as the state writhes under spiking deaths and hospitalizations. And Mr. Newsom’s supporters are encountering a striking degree of ambivalence and distraction.“I think he has done as well in the job as any governor could have, given the last year of the pandemic, but I’m not a fan,” Anamaria Young, 53, said recently in El Dorado Hills, east of Sacramento. Removing the governor more than a year before the end of his first term feels undemocratic, Ms. Young, a Democrat, said, but she also dislikes his lack of progress on homelessness and his deference to teachers’ unions.“When my ballot comes,” she said, “I really don’t know how — or if — I am going to vote.”Only one other attempt to recall a California governor has come to a vote, when Arnold Schwarzenegger replaced Gray Davis in 2003.Mike Blake/ReutersInitiated by Republicans who took issue with Mr. Newsom on the death penalty and immigration, the once long-shot effort to recall the governor gained improbable traction as the coronavirus persisted. First, pandemic-related shutdowns prompted a judge to extend the measure’s signature-gathering deadline, and then word leaked that the governor had dined unmasked with lobbyists at an exclusive restaurant after imploring Californians to cover their faces and stay home.If a majority of voters decide to recall Mr. Newsom, the new governor will be whoever among his 46 challengers gets the most votes, even if no rival gets a majority.Critics of the state’s recall rules have long worried that 49 percent of the electorate could vote to keep an incumbent, only for a tiny plurality of voters to choose a replacement. On Friday, a lawsuit was filed in federal court challenging the recall’s constitutionality, based on that argument. Mr. Newsom has been urging Democrats to vote no on the recall and not even bother to answer the second question, which asks who should replace him. Among likely voters, recent polls show support for Mr. Elder, the current front-runner, at around 20 percent..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“No intellectually honest analysis” would predict the governor’s defeat, said Paul Mitchell, vice president of the bipartisan data firm Political Data Inc. in Sacramento. But state lawmakers in February extended pandemic-related accommodations to voters through the year, dealing a wild card.The rules allow voting by mail at a scale comparable only to the 2020 presidential election — which is seemingly a Democratic advantage, although off-year participation is harder to forecast. Only one other attempt to recall a California governor has come to a vote, and 18 years have passed since the state replaced Gray Davis with Arnold Schwarzenegger, Mr. Mitchell noted.“The swing voters in this campaign are not the usual ones choosing which party to vote for,” agreed Nathan Click, a former spokesman for the governor who is now campaigning to defend him. “They’re Democrats who are choosing whether to vote.”Mr. Elder, 69, a Black “small-l libertarian” lawyer who rose to national stature from Los Angeles, where he has been a talk radio fixture for decades, said in an interview that he was not “some wild-eyed radical,” and that he entered the race at the behest of “normal people” such as his barber and dry cleaner as well as like-minded friends such as Dennis Prager, his right-wing broadcast mentor. His priorities — public school choice, high housing costs and rising crime — transcend party labels, he said.Larry Elder, who has been a talk radio fixture in Los Angeles for decades, is the leading Republican candidate in the recall election.Marcio Jose Sanchez/Associated PressHe said his opposition to abortion was irrelevant in a state that supports abortion rights as much as California, and his view that a minimum wage deters job creation is mainstream economics. Remarks such as the one he made in 2008 on “Larry King Live” discounting global warming were merely to criticize “alarmism,” he said, acknowledging that climate change is happening but adding, falsely, that “nobody really knows to what degree” it is caused by humans.He said he has voted for every Republican presidential candidate since the 1970s, not just Donald J. Trump.“Why bring up Stephen Miller? Why bring up abortion? Why bring up minimum wage?” Mr. Elder said. “Because Gavin Newsom cannot defend his record.”Polls indicate that majorities of Californians approve of Mr. Newsom’s policies, but when surveys are narrowed to the most likely voters, his margin thins.A statewide poll in mid-July by the Institute of Governmental Studies at the University of California, Berkeley, found that likely voters were almost evenly split over whether to oust the governor, with 47 percent saying they would vote to recall him and 50 percent saying they would retain him, an edge that just barely exceeded the poll’s margin of error. Subsequent polls have affirmed those results.So Mr. Newsom has spent big to turn out his party’s 46 percent share of the voters. His recall defense campaign received some $46 million in contributions through July, far more than Mr. Elder ($4.5 million); Kevin Faulconer, the former mayor of San Diego ($2.1 million); John Cox, the businessman campaigning with a bear ($9.4 million, mostly self-funded); the reality television figure and former Olympian Caitlyn Jenner ($750,000); or any other candidate.Canvassers for an immigrant advocacy group pitched Mr. Newsom to voters in Palmdale, Calif., last month.Rozette Rago for The New York TimesThe mere reminder that ballots are heading for mailboxes should turn many tuned-out Democrats into likely voters, Mr. Click said, and teams of supporters have been texting some 500,000 Democrats daily. Representative Barbara Lee, co-founder and the co-chair of the group Women Against the Recall, said the national Democratic Party is looking to such grass-roots efforts as a potential model for future campaigns.But Sonja Diaz, the director of the Latino Policy and Politics Initiative at the University of California, Los Angeles, said Democrats seemed to be playing catch-up as the Delta variant preoccupied voters.“People have been procrastinating,” she said, comparing the governor’s team to overconfident students failing to study for a final. “Delta has made it clear you’re not prepared for the exam.”Northeast of Los Angeles, in Palmdale, canvassers for an immigrant advocacy group pitched the governor to voters last week.Ashley Reyes, 27, a registered Democrat who was watching her toddler and his cousins play in her gated driveway, said she did not realize the recall had qualified for the ballot. Her parents and in-laws were immigrants, she said, adding that she would vote to keep the governor.Ashley Reyes, a registered Democrat, said she would vote to keep the governor.Rozette Rago for The New York TimesPeering into 101-degree heat through his metal screen door, Edgar Robleto, 62, a Republican, replied “I want him gone” when the canvassers mentioned Mr. Newsom. The state G.O.P., which represents 24 candidates, voted last weekend against endorsing one contender, lest any Republican opt not to vote.Experts predict a slugfest. “Negative partisanship is the biggest driver of political decision-making right now,” said Mike Madrid, a longtime Republican adviser.David Townsend, a Democratic consultant, agreed: “This is going to be totally tribal.”“This is not going to be about Newsom,” he said. “It’s going to be about whether Democrats want Trump to have a governor in California.” More

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      California's Impending Recall Election Is Unconstitutional

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      The most basic principles of democracy 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.Unless that happens, on Sept. 14, voters will be asked to cast a ballot on two questions: Should Gov. Gavin Newsom be recalled and removed from office? If so, which of the candidates on the ballot should replace him?The first question is decided by a majority vote. If a majority favors recalling Mr. Newsom, he is removed from office. But the latter question is decided by a plurality, and whichever candidate gets the most votes, even if it is much less than a majority, becomes the next governor. Critically, Mr. Newsom is not on the ballot for the second question.By conducting the recall election in this way, Mr. Newsom can receive far more votes than any other candidate but still be removed from office. Many focus on how unfair this structure is to the governor, but consider instead how unfair it is to the voters who support him.Imagine that 10 million people vote in the recall election and 5,000,001 vote to remove Mr. Newsom, while 4,999,999 vote to keep him in office. He will then be removed and the new governor will be whichever candidate gets the most votes on the second question. In a recent poll, the talk show host Larry Elder was leading with 18 percent among the nearly 50 candidates on the ballot. With 10 million people voting, Mr. Elder would receive the votes of 1.8 million people. Mr. Newsom would have the support of almost three times as many voters, but Mr. Elder would become the governor.That scenario is not a wild hypothetical. Based on virtually every opinion poll, Mr. Newsom seems likely to have more votes to keep him in office than any other candidate will receive to replace him. But he may well lose the first question on the recall, effectively disenfranchising his supporters on the second question.This is not just nonsensical and undemocratic. It is unconstitutional. It violates a core constitutional principle that has been followed for over 60 years: Every voter should have an equal ability to influence the outcome of the election.The Supreme Court articulated this principle in two 1964 cases, Wesberry v. Sanders and Reynolds v. Sims. At the time, in many states, there were great disparities in the size of electoral districts. One district for a state legislative or a congressional seat might have 50,000 people and another 250,000. Those in the latter district obviously had less influence in choosing their representative.In Wesberry, the court held that congressional districts of widely varying size are unconstitutional because they are akin to giving one citizen more votes than another, denying citizens equal protection as a result. The court extended that reasoning later that year to state legislatures in Reynolds. Today the one-person one-vote principle requires roughly equal-size districts for every legislative body — the House of Representatives, state legislatures, City Councils, school boards — except for the United States Senate, where the Constitution mandates two senators per state.After Chief Justice Earl Warren retired in 1968, he remarked that of all the cases decided during his time on the court, the one-person one-vote rulings were the most important because they protected such a fundamental aspect of the democratic process.The California recall election, as structured, violates that fundamental principle. If Mr. Newsom is favored by a plurality of the voters, but someone else is elected, then his voters are denied equal protection. Their votes have less influence in determining the outcome of the election.This should not be a close constitutional question. It is true that federal courts generally are reluctant to get involved in elections. But the Supreme Court has been emphatic that it is the role of the judiciary to protect the democratic process and the principle of one-person one-vote.This issue was not raised in 2003 before the last recall, when Gray Davis was removed from office after receiving support from 44.6 percent of the voters. But his successor, Arnold Schwarzenegger, was elected to replace him with 48.5 percent of the vote. So Mr. Schwarzenegger was properly elected.This time, we hope that a state or federal lawsuit will be brought challenging the recall election. The court could declare the recall election procedure unconstitutional and leave it to California to devise a constitutional alternative. Or it could simply add Mr. Newsom’s name on the ballot to the list of those running to replace him. That simple change would treat his supporters equally to others and ensure that if he gets more votes than any other candidate, he will stay in office.A court might not want to get involved until after the election, hoping that as in the last recall election, Mr. Newsom will not end up being replaced by a less popular candidate. But that would be unwise. Undoing an unconstitutional election after the fact would be considerably messier than fixing the process beforehand.The stakes for California are enormous, not only for who guides us through our current crises — from the pandemic to drought, wildfires and homelessness — but also for how we choose future governors. The Constitution simply does not permit replacing a governor with a less popular candidate.Erwin Chemerinsky is the dean of the School of Law at the University of California, Berkeley, and the author of the forthcoming book “Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.” Aaron S. Edlin is a professor of law and of economics at Berkeley.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      in Elections

      The First Debate in the Newsom Recall

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      Thursday: A dispatch from Orange County, where four candidates vying to replace Gov. Gavin Newsom squared off in a debate.Four of the 41 people running against Gov. Gavin Newsom took the stage for a debate Wednesday: from left, John Cox, Kevin Faulconer, Kevin Kiley and Doug Ose. Marcio Jose Sanchez/Associated PressYORBA LINDA — Last night was the first debate in the effort to recall Gov. Gavin Newsom, an election that could significantly reshape the future of California.But the governor declined an invitation to attend the event, held at the Richard Nixon Presidential Library.Also missing: Caitlyn Jenner, the best-known candidate running to replace him, and Larry Elder, the conservative talk show host who’s the leading challenger in the polls.That is perhaps not surprising in California, a state where political apathy runs high and voter turnout is low. It’s typical to hear that people don’t know that Newsom is facing a recall, let alone the names of his challengers.On Wednesday, just four of the 41 people running against Newsom did take the stage: the former San Diego mayor Kevin Faulconer, the former Republican representative Doug Ose, State Assemblyman Kevin Kiley and John Cox, who unsuccessfully ran for governor against Newsom in 2018.The wide-ranging debate covered drug cartels, the coronavirus, education, wildfires, housing, cancel culture and more. The common theme? Newsom’s failures.Ose explained delays in state unemployment payments this way, though it could have been an answer to any question, delivered by any of the candidates: “This really does lay right at Governor Newsom’s feet.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}For 90 minutes, the candidates heaped criticism on Newsom’s policies in front of an audience of dozens of maskless people. (While Los Angeles County has a universal indoor mask mandate, Orange County does not. Seeing that many bare faces took me aback at first.)Cox said he opposed the vaccine mandate for state employees that Newsom recently imposed. Ose objected to mask mandates. Faulconer said he didn’t support teaching critical race theory in schools. Kiley spoke out against vaccine passports and offering cash prizes to people who get their shots.“It’s a perfect case study for the perversity of California politics,” Kiley said.The debate felt more like a G.O.P. primary than a debate in the California governor race, and not just because the candidates were Republicans.Just outside the debate room, black-and-white photos of Nixon flanked the walls. A bronze bust of the former president watched passers-by. In one corner, a machine advertised that it could stretch a penny into the shape of Nixon’s face.Toward the end of the debate, the candidates touched on a favorite criticism of Newsom — that people are moving out of the state. California’s population dropped last year for the first time in more than a century.“People are voting with their feet,” Faulconer said. “The reality is that we have a governor who doesn’t seem to think it’s a problem.”Faulconer asked the audience to give a show of hands if they or someone they knew were thinking about leaving California. Several people raised one of their hands into the air.Ose raised both.For more:Newsom and his allies have raised more than $51 million to fight the recall, more than twice as much as every major Republican candidate and pro-recall committee combined, The Los Angeles Times reports.In a recent interview, Elder said that if elected, he would abolish the minimum wage. “The ideal minimum wage is $0.00,” he said, according to The Sacramento Bee.Newsom’s biggest challenger may be apathy among Democrats, The Los Angeles Times reports. Though Democrats outnumber Republicans nearly two to one, more Republicans may show up to the polls on Election Day.A saguaro skeleton in Saguaro National Park in Tucson.Cassidy Araiza for The New York TimesIf you read one story, make it thisMy colleague Simon Romero’s latest article explores the threats facing the saguaro cactus, the majestic symbol of the Southwest. Desert plants are designed to survive tough conditions, but wildfires, climate change and urbanization may be too much for this cactus.The rest of the newsCaliforniaWater curtailment: Amid an ongoing drought, thousands of Californians, primarily farmers, will be barred from using stream and river water. However, water for drinking, bathing and domestic purposes won’t be subject to the restrictions, The Los Angeles Times reports.Vaccine mandate: Kaiser Permanente, the Oakland-based health care giant, has ordered that all employees get the Covid-19 vaccine, The Sacramento Bee reports.SOUTHERN CALIFORNIADrinking at the Rose Bowl: The Rose Bowl in Pasadena will sell alcohol at U.C.L.A. football games for the first time since 1989, L.A. Weekly reports.Sailor charged with arson: Ryan Sawyer Mays, a 20-year-old junior enlisted Navy sailor, was identified and formally charged with arson for starting a fire that destroyed a warship at a Navy base in San Diego last year.Night market: Steve Lopez, a columnist for The Los Angeles Times, makes a case for shutting down the Lincoln Heights night market, saying it’s become a “nightmare” for neighborhood residents.NORTHERN CALIFORNIABreakthrough infections: At least 233 new Covid-19 infections were recorded among staff members at U.C.S.F. and Zuckerberg San Francisco General Hospital, according to The SFist. Eighty percent of infected individuals had been vaccinated, but only two vaccinated staff members were hospitalized.Star restaurants: Ten Bay Area eateries have been named “new discoveries” by the Michelin Guide, The Mercury News reports.Farmwork in the heat: David Bacon photographed the daily work of farmworkers in the San Joaquin Valley. Summer is the season with the most demand for field labor, so the workers, mostly immigrants, have no other choice but to work, reports Capital & Main.Dylan Wilson for The New York TimesWhat we’re eatingIt’s cucumber season. Make some quick pickles.Where we’re travelingToday’s California travel tip comes from Mike Meko, a reader who lives in Arroyo Grande. Mike writes:We recently traveled to Lassen National Park and really enjoyed our three days exploring the park. It was beautiful and uncrowded. We hiked for two of the three days and only met a few other hikers on the trail. We wondered why there were so few people there as well as why it took us so long to discover this amazing place.Tell us about the best hidden gems to visit in California. Email your suggestions to CAtoday@nytimes.com. We’ll be sharing more hidden gems in upcoming editions of the newsletter.Thanks for reading. I’ll be back tomorrow. — SoumyaP.S. Here’s today’s Mini Crossword, and a clue: Comedian Minhaj with two Peabody awards (5 letters).Steven Moity and Mariel Wamsley contributed to California Today. You can reach the team at CAtoday@nytimes.com.Sign up here to get this newsletter in your inbox. More