What if Dems win, but Congress ignores the result?

Democrats are ahead in the polls and appear to be on track to flip at least one branch of Congress next week. But if they win, would Republicans refuse to accept the results?

That may sound impossible, but memories of Jan. 6 led a bipartisan pair of federal lawmakers to urge their colleagues in Congress to sign a pledge promising to accept the outcome of the midterms.

Out of California’s current congressional delegation — which includes eight Republicans and one independent who caucuses with them — only one congressmember has signed it, reports CalMatters’ Ryan Sabalow.

The pledge by GOP U.S. Rep. Don Bacon of Nebraska and Democratic Rep. Josh Gottheimer of New Jersey commits lawmakers to opposing “efforts to undermine free and fair elections or override the will of the voters, including any attempt to refuse or delay the seating of any Member-elect who presents a validly issued election certificate.”

Out of the House’s 433 current members, Gottheimer said on Friday that 17 Republicans and Democrats had signed the pledge. And so far, the only one from California to say they had is Rep. Kevin Kiley, the Republican-turned-independent representing Sacramento’s eastern suburbs. 

• Kiley: “When the election’s over, we should get things certified and get started on the important work Congress has to do.”

Five California Democrats — Reps. Jim Costa, Salud Carbajal, Jimmy Panetta, Gil Cisneros, Jr. and Mike Thompson — also signed it.

On Jan. 6, 2021, deadly riots at the U.S. Capitol broke out when supporters of President Donald Trump attempted to stop the certification of Joe Biden’s 2020 presidential victory. At the time, Trump and his allies pushed unsubstantiated claims of widespread election fraud — which is exceedingly rare — as the reason he didn’t win. 

This year his administration is suing multiple states to secure sensitive voter roll information. The administration is also suing California to force elections officials to separate 20,000 ballots from alleged non-citizens. 

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For the record: This story was updated to correct the number of members of Congress who have signed a pledge to respect the midterm election results, as well as to include the names of California Democrats who have signed the document.

In some California cities, tension is growing between local police departments that want to expand their use of drones and residents who view the devices as portents of harmful police surveillance.

As CalMatters’ Katherine Ortiz explains, police departments are pushing to expand their drone use from emergency-only responses to potentially aid in everyday patrols or serve as “first responders.” Police say drones help them respond to incidents faster, assist in deescalating potentially dangerous situations and improve crime clearance rates.

But privacy advocates and skeptical residents argue that drones can lead to unchecked surveillance. They raise concerns about drones conducting warrantless searches and collecting data. A February study by UC Berkeley also found no evidence that drones lower overall use of force or improve crime clearance rates.

Last year, the American Civil Liberties Union of Northern California sued Sonoma County after it uncovered hundreds of warrantless searches over private yards, homes and windows conducted by the county’s drone program. The county settled last month and pledged to rein in its drone use, including notifying residents if their property was subjected to aerial surveillance.

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California’s next governor will have a bigger say in how schools are run through a new commissioner tasked with overseeing the California Department of Education.

For those keeping score, that means the next elected state superintendent will have less power to set policy.

While the change is intended to streamline California’s complex education bureaucracy, experts say that having a commissioner is only the first step toward improving the state’s education system, writes CalMatters’ Carolyn Jones.

Once appointed, the commissioner needs to simplify and clearly communicate goals for schools, provide stricter oversight and offer more direct assistance for struggling schools, according to researchers of a recent report backed by a state agency on what the state needs to do next. 

But the two candidates for governor have offered only a handful of hints about their plans for commissioner or K-12 schools. Democrat Xavier Becerra said in a debate that he thinks schools are mired in too much bureaucracy, and schools should hold back failing students. Republican Steve Hilton, meanwhile, said he favors an education savings account that would allow parents to use public funds to pay for private school.

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We’re in the final sprint before Election Day, and California’s gubernatorial race appears to be reaching its anticipated end, with Becerra maintaining a double-digit lead over Hilton. Nevertheless, the GOP former Fox News host continues to be on a campaign warpath, flooding social media with provocative ads and texting selfie videos from Los Angeles’ Skid Row. Read more from CalMatters’ Jeanne Kuang.