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What if Dems win, but Congress ignores the result?

By Lynn La, CalMatters ·

This story was originally published by CalMatters. Sign up for their newsletters.
U.S. Rep. Kevin Kiley during a hearing on Capitol Hill in Washington, D.C., on Jan. 22, 2026. Photo by Al Drago, Getty Images

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 seven 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.”

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. 

Read more.


We’re bringing our voter guide to life through VotingMatters events across California, in collaboration with on-the-ground partners. We’re holding three events today: In Stockton at Cal State Stanislaus, in Thousand Oaks at California Lutheran University’s Lundring Event Center and in San Fernando at Bodevi Wine & Espresso Bar.


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Revolt against police drones

A Skydio X10 drone, which is commonly used by several police agencies in California. Photo via Skydio

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.

Read more.

Who’s in charge of schools? The next governor

Students play during recess at Loma Vista Elementary School in Salinas on Aug. 8, 2023. Photo by Semantha Norris, CalMatters

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.

Read more.

And lastly: Does Hilton have a chance?

Gubernatorial candidates Becerra (left) and Hilton. Photos by Zoë Meyers and Larry Valenzuela, CalMatters

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.


California Voices

CalMatters columnist Dan Walters: With his time as governor drawing to a close, there has been some speculation that Gov. Gavin Newsom might call a special session to take another swipe at holding utilities liable for wildfires, or seek a deal after the Legislature convenes in December.

Many kids go online to access communities where they truly feel comfortable, and while blanket bans sound protective, we should instead design better platforms that accommodate everyone, writes Gillian Hayes, a professor and computer scientist at UC Irvine.


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The political calculus behind Newsom’s opposition to CA’s billionaire tax // KQED (free)

Justice Department faces skeptical appeals court panel in CA ballot fight // Politico (free)

Video of ICE arresting her at SFO went viral. Now she’s helping women she met while detained // San Francisco Chronicle (gift link)

Anthropic files for potentially the biggest IPO ever as CEO warns of risk to humanity from AI // AP News (free)

Trump administration investigates Palo Alto, SF and North Monterey County school districts over ‘Wheel of Privilege’ survey // The Mercury News (gift link)

CA has a plan for El Niño rain: Save it for later // Grist (free)

CA’s potential quartz ban pushes contractors and retailers to alternatives // The New York Times (gift link)

Worrisome chemical found in Bay Area, Santa Cruz creeks // San Francisco Chronicle (gift link)

This story was originally published by CalMatters and is republished under its terms.

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