The Crush - September 2021 - 7

STATE FOCUS
FEDERAL FOCUS
Recall Election Update
The recall election has been subject to legal challenges from the
beginning:
* Due to the pandemic, the courts initially had to decide
whether to extend the period of time allowed for collecting
signatures.
* Once the signatures were verified and the recall was certified,
the courts again had to decide whether Larry Elder would
appear on the ballot. This was because Secretary of State
Shirley Weber initially determined that his submission of tax
returns was insufficient.
* The courts then had to rule whether Newsom could claim in
his voter guide statement this was a " Republican power grab. "
It appears resolution of the final legal challenge clears the
way for the recall election to go forward. A federal judge in
Los Angeles dismissed a lawsuit alleging the California recall
election violates the U.S. Constitution.
Essentially, plaintiffs argued there could be more NO votes
on the recall than the top vote getter would receive to replace
Newsom. Therefore, they argued the recall process ignores
the will of the voters. The court rejected that argument. Judge
Michael Fitzgerald of California's Central District wrote in the
ruling, " There is nothing unconstitutional about placing in one
ballot a vote for or against the recall of the governor and then a
vote for a replacement candidate. "
As of Aug. 30, 2,841,048 ballots have been returned, which is 13%
of ballots mailed.
* Democrat: 1,560,504 (55% of those returned; 15% of Democrat
ballots).
* No party preference (or other): 626,179 (23% of those returned;
10% of NPP ballots).
* Republican: 654,891 (22% of those returned; 12% of Republican
ballots).
NOTE: The anti-recall campaign continues to advise Democrat
voters to vote NO on the recall and then decline to vote for any
potential successor. Newsom supported this by stating, " Vote no
and go to the mailbox...Don't even turn the page and consider
the other 46 questions that are being asked. " It is unclear
whether another legal challenge may be filed after the election.
-Michael Miiller
Pandemic Assistance for Specialty
Crop Growers; Oct. 12 Deadline
After listening to feedback from producers and stakeholders
about the gaps in pandemic assistance, USDA is updating the
Coronavirus Food Assistance Program 2 (CFAP 2) for producers
of specialty crops (including winegrapes). CFAP 2, part of
USDA's broader Pandemic Assistance for Producers initiative,
assists producers who faced market disruptions in 2020 due to
COVID-19. All eligible producers have until Oct. 12 to apply for
or modify applications for CFAP 2.
More information
CDFA's Lester Moffitt Confirmed
Jenny Lester Moffit on Aug. 11 was confirmed by the U.S.
Senate to serve as under secretary for USDA's Marketing and
Regulatory Programs. " With her guidance and leadership,
USDA will help to build more robust and resilient local and
regional food systems that support new, more and fairer market
opportunities for American producers and food companies, "
Ag Secretary Tom Vilsack said.
White House OMB
H-2A
Reviewing Wage
Rule
Bloomberg Government recently reported the U.S. Department
of Labor (DOL) proposed rule that would readjust how wages
are calculated for temporary H-2A farmworkers is under review
by the White House Office of Management and Budget. DOL
is seeking to amend its regulations to revise the methodology
by which it determines the adverse effect wage rates (AEWRs)
for non-range ag occupations. According to the Bloomberg
article, President Biden made AEWR methodology a priority in
the DOL's spring regulatory agenda. The White House Office
of Management and Budget can take up to 90 days to review
it. The Trump administration sought to revise the AEWR
methodology, but that effort was halted at the start of the Biden
administration.
CAWG.ORG 7

https://www.sos.ca.gov/elections/upcoming-elections/2021-ca-gov-recall https://www.timesofsandiego.com/politics/2020/11/06/newsom-recall-drive-gets-new-life-signature-deadline-delayed-to-march-17/ https://www.timesofsandiego.com/politics/2020/11/06/newsom-recall-drive-gets-new-life-signature-deadline-delayed-to-march-17/ https://www.calmatters.org/politics/2021/07/newsom-recall-larry-elder/ https://www.calmatters.org/politics/2021/07/newsom-recall-larry-elder/ https://www.fsa.usda.gov/state-offices/California/news-releases/2021/usda-updates-pandemic-assistance-for-livestock-poultry-contract-producers-and-specialty-crop-growers-08242021_rel001 https://www.apnews.com/article/elections-lawsuits-california-sacramento-gavin-newsom-09c9210a5d44fa61d9822b08e4fcc9b0 https://www.capradio.org/articles/2021/08/27/californias-recall-process-is-constitutional-federal-judge-rules/ https://www.usda.gov/media/press-releases/2021/08/11/statement-agriculture-secretary-tom-vilsack-confirmation-jenny https://www.capradio.org/articles/2021/08/27/californias-recall-process-is-constitutional-federal-judge-rules/#ruling https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1205-AC05 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=1205-AC05 https://www.dol.gov/agencies/eta/foreign-labor/wages/adverse-effect-wage-rates https://www.cawg.org/

The Crush - September 2021

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