On the eve of Election Day, a Sutter County judge has tentatively ruled that California Gov. Gavin Newsom overstepped his constitutional authority when he ordered that every registered voter receive a ballot by mail.

In the tentative ruling issued Monday, Superior Court Judge Sarah Heckman declared the governor’s recent Executive Order N-67-20 unconstitutional and issued an injunction barring the governor from unilaterally making or changing state law moving forward.

The California Emergency Services Act allows the governor "to issue orders and regulations and to suspend certain statutes, but the plain and unambiguous language of CESA does not permit the govemor to amend statutes or make new statutes," Heckman wrote. "The govemor does not have the power or authority to assume the Legislature's role of creating legislative policy and enactments."

The ruling doesn't affect the protocols in place for today's election, but Heckman argued the case wasn't moot because it addresses a larger issue of whether the governor has the authority "to exercise legislative powers by unilaterally amending, altering, or changing existing statutory law or making new statutory law."

The challenge was brought by Assembly Republicans James Gallagher of Yuba City and Kevin Kiley of Rocklin.

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“This is a victory for separation of powers," the two lawmakers said in a joint statement. "The governor has continued to create and change state law without public input and without the deliberative process provided by the Legislature. Today the judicial branch again gave him the check that was needed and that the Constitution requires.”

Heckman's decision will become final in 10 days unless Newsom's attorneys can raise new challenges, according to the Associated Press. Newsom did not immediately comment to the wire service or say if he will appeal.

This is the second time a Sutter County judge ruled against Newsom's emergency orders, the AP notes. A similar ruling in June was stayed by an appeals court.