Recall lawsuits a-plenty + Rideshare drivers plan strike + Ballot initiative certified

Good morning, and welcome to the A.M. Alert!

RECALL LAWSUIT-O-RAMA

Via Lara Korte...

Today is the final day for Secretary of State Shirley N. Weber to make tweaks to the recall ballot before issuing a certified list of candidates -- and several contenders are taking her to court to make some edits.

First up, and perhaps with the most to lose, is Larry Elder, who filed a suit late Monday night. Elder was left off the initial list published Saturday, and has spent the days since in a tirade against Weber and other Democrats who he says are thwarting his chances because they know he’ll win.

Elder’s argument, laid out in the lawsuit, is that recall candidates aren’t even required by the 2019 law to file tax returns (the language only specifies “primary” elections). Furthermore, he says it’s Weber’s job to fix any redaction errors that may have come up in his tax returns, which he says he submitted on time.

Also lining up to sue is Kevin Faulconer, who wants to be described as the “retired mayor” of San Diego on the ballot. Youtuber Kevin Paffrath is also suing to get his nickname, “Meet Kevin,” on the ballot.

CALIFORNIA RIDESHARE DRIVERS PLAN STRIKE

Via Jeong Park...

Drivers for Uber, Lyft and other apps will hold a strike on Wednesday in Los Angeles, San Francisco and San Diego to rally for a federal bill that would make it easier for them to organize.

Since the passage of Proposition 22, rideshare companies have continued to cut pay and impose tighter control on their drivers, those going on strike said in a press release. The pay for airport pick-ups has especially gone down, drivers said.

“They promised us flexibility, greater control, and greater transparency,” said Carlos Pelayo in a press release from Rideshare Drivers United. “But since Prop 22 passed, I have less control over where I drive, who I pick up, and how much I make. Prop 22 was the most expensive lie ever told to California voters.”

In a release, a coalition of gig companies and community organizations supporting Prop 22 said those going on strike represent “a small group,” saying many drivers are “happy to be working with app-based platforms.”

The Protecting the Right to Organize Act, known as the PRO Act, changes the definition of “employee,” which could allow millions of gig workers to form a union. The bill, which passed the U.S. House, is unlikely to pass the Senate as is. But some provisions of the bill could be included in the Senate Democrats’ $3.5 trillion budget reconciliation bill.

Meanwhile, a federal judge ruled last week that Assembly Bill 5, which directs employers to provide benefits to more workers, is constitutional, dismissing the case filed by Uber and Postmates.

“AB 5 fits within the State’s authority to regulate employment relationships,” U.S. District Judge Dolly Gee said in his ruling.

While gig companies such as Uber won exemption from AB 5 through Prop 22, the ruling means the rest of the bill is upheld. It could also mean that those gig companies could be held liable for labor law violations between the passage of AB 5 and the passage of Prop. 22.

The companies are appealing the case to the Ninth Circuit Court of Appeals.

WEBER CERTIFIES BALLOT INITIATIVE REDUCING PLASTIC WASTE

An initiative to reduce plastic waste in California will go on the November 2022 ballot, after California Secretary of State Shirley Weber certified the ballot measure this week.

The initiative, which nearly 900,000 Californians signed a petition for, would require CalRecycle to adopt new policies aimed at producers related to the reduction of single-use plastics. It also would establish a California Plastic Pollution Reduction Fee — no more than 1 cent per item of packaging or foodware — that would be used to provide funds to local governments to upgrade their waste and recycling systems, to support state and local efforts at waste reduction and to engage in environmental mitigation.

The ballot measure is backed by a number of conservation groups, including the Natural Resources Defense Council, the Ocean Conservancy, the Nature Conservancy and the Monterey Bay Aquarium.

“Millions of tons of plastic waste end up in the ocean every year,” Monterey Bay Aquarium’s Aimee David said in a statement. “Plastic pollution is now found everywhere, from Arctic Sea ice to the deepest ocean trenches and the top of Mt. Everest. It’s in the bodies of microscopic organisms and the bellies of the largest whales. We know how to change this, and California can lead the way. This initiative harnesses the power of consumers, business and government so — together — we can rethink how we use and dispose of single-use plastic and achieve a healthy future for our ocean.”

QUOTE OF THE DAY

“Unsolicited advice of the day: Never sit under your bird feeder.”

- Assemblywoman Lorena Gonzalez, D-San Diego, via Twitter.

Best of The Bee:

• Crime victim advocates and the parents of murdered Californians gathered with recall supporters on Tuesday to denounce Gov. Gavin Newsom’s crime policies, via Lara Korte.

• Gov. Gavin Newsom signed a bill Tuesday to spend $6 billion over the next three years expanding broadband access throughout the state, prioritizing unserved, underserved and rural communities, via Isabella Bloom.

• A former state employee is suing California Treasurer Fiona Ma alleging sexual harassment, wrongful termination and racial discrimination, according to a complaint filed last week in Sacramento Superior Court, via Sophia Bollag.