Larry Elder Sues CA After He Was Left Off Recall Roster [Survey]

CALIFORNIA — Larry Elder, a conservative talk radio host who announced plans to enter California's recall election last week, filed a lawsuit after he was left off of the official election list over the weekend.

Secretary of State Shirley Weber reportedly disqualified Elder from the Sept. 14 special election amid "redaction issues with income tax returns filed with his candidacy application," according to the suit filed Monday.

"We’ve complied with everything the secretary of state has required of us," Elder said in a statement. "The politicians in Sacramento know I’m the only candidate who can beat Gavin Newsom. They are afraid, and they are using whatever shenanigans they can to try to trip me up. It won’t work."

Those running for governor are required to provide five years of federal income tax returns. The state released a finalized roster of recall candidates this week, along with a list of all of their tax returns.

This is the first election where a gubernatorial candidate tax disclosure law has been applied, Weber's office told Patch in an emailed statement on Tuesday. The tax requirement was adopted by the state in 2019.

"The Secretary of State's Office applies the same criteria to every single candidate that seeks an elected office," Weber's office said. "The Secretary of State's Office issued a Notice to Candidates that included individuals that met the tax return disclosure filing requirements. That list did not include Mr. Elder and others that failed to comply with those requirements."

Elder this week claimed that the decision to disqualify him from the roster was a violation of constitutional rights. Since the law mentions primaries, Elder argued this week that the recall is a special election.

READ MORE: CA Recall: Doug Ose Aims To Fix Sacramento Without The 'Gimmicks'

"I am waging a legal battle to run as the candidate for Californians who are tired of the partisanship and entrenched interests of Sacramento. I fully expect to be on the final certified list of candidates," Elder said in a statement.

Weber must certify the list of recall contenders on Wednesday so county election officials can begin printing mail-in ballots next month.

The 69-year-old Los Angeles native said he decided to enter his first campaign after witnessing California's out-of-control homeless crisis, spiking crime rates, looming water and power shortages, and whipsaw coronavirus lockdowns.

"I have common sense. I have good judgment. I’m born and raised here. I think I understand the state," he said.

Elder has also said his presence as a Black man stands in contrast to Newsom's claim that the recall is an effort led by "Trump white nationalists."

“Do I look like a white nationalist?” Elder asked.

If Elder is allowed to enter the race, he will immediately shake up the list of prominent GOP contenders including former San Diego Mayor Kevin Faulconer; businessman John Cox, who was defeated by Newsom in 2018; state Assemblyman Kevin Kiley; reality TV personality and former Olympian Caitlyn Jenner; and former U.S. Rep. Doug Ose.

Elder would also be the second prominent celebrity to enter a race that has lacked a clear front-runner.

"I think this is a race between Gavin Newsom and me. I don’t think about the other candidates," Elder said last week.

California's recall election to replace Newsom will take place Sept. 14.

The Associated Press contributed to this report.

What's A Recall?

California has had recall elections as part of its political system since 1911. The process allows the public to attempt to remove an elected public official from office before the end of his term.

Before a recall election can be initiated, a certain number of voters must sign a recall petition within a specified amount of time. The state has had 54 previous attempts to recall California governors. Only one governor has been recalled in California's history: Gray Davis in 2003.

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• CA Democrats Propose $215M To Expedite Newsom Recall Election
• Follow The Money: Gavin Newsom Recall Edition
• Total Recall: An Illustrated Guide To The Newsom Recall