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A Maldonado re-vote?

By Josh Richman
Friday, February 12th, 2010 at 12:30 pm in Abel Maldonado, Arnold Schwarzenegger, Assembly, Chuck DeVore, John Perez, Karen Bass, Lt. Governor.

It’s still at least theoretically possible for Assembly Democrats to beat Gov. Arnold Schwarzenegger at his own game and reject state Sen. Abel Maldonado as lieutenant governor.

The Assembly voted 37-35 yesterday on confirming Maldonado, R-Santa Maria, as lieutenant governor. Assembly Democrats contend this is a rejection, as Maldonado didn’t get 41 votes to confirm. Schwarzenegger and Maldonado interpret the state constitution otherwise, arguing that the Assembly must act by majority either to confirm or reject Maldonado, or else Maldonado can just be sworn in 90 days after his nomination.

This no doubt has the California Supreme Court’s justices rubbing their temples in anticipation of a possible intervention so politically charged that it’s sure to leave everyone unhappy.

But that need not necessarily come to pass. The governor’s office confirmed to me today that under this interpretation, the Assembly could vote again between now and Feb. 21 – the 90-day mark – to either confirm or reject Maldonado with 41 votes. And seven Assembly members didn’t vote yesterday.

One will remain on the sidelines no matter what. Republican U.S. Senate candidate and Assemblyman Chuck DeVore, R-Irvine, was on the campaign trail yesterday and absent from the vote, but issued a statement saying he would have abstained anyway. (Ed. note at 4:10 p.m.: Trevino informs me DeVore “actually was present on the Assembly floor for the morning vote. He was only gone for the afternoon session. Doesn’t affect his purposeful abstention, though.”)

“One year ago, I resigned as Assembly Minority Whip because I would not support the budget deal that led to the failed Proposition 1A — which would have been the largest state tax increase in American history. Senator Maldonado, by contrast, played a decisive role in putting 1A before the people. I won’t reward bad behavior with high office. It is in that spirit that I abstained from this vote.”

Today, campaign spokesman Joshua Trevino told me DeVore will abstain if there’s a re-vote.

“As he just told E.J. Schultz at the Fresno Bee (via Twitter), the GOP Assembly caucus has decided to support Maldonado. If Chuck votes no, it will be more a hit at them than the nominee per se. An abstention registers disapproval of the nomination without expressing direct disapproval of his fellow Republicans. It also serves as a de facto no when the affirmations are tallied.”

Two Assembly Democrats – Dave Jones, D-Sacramento, and Mary Salas, D-Chula Vista – opposed Maldonado in an earlier round of voting, but didn’t vote in the final tally. Let’s assume, for argument’s sake, that they would again oppose Maldonado in a re-vote. That would make it 37-37 – still four votes shy of a majority to confirm or reject.

Three Assembly Democrats – Hector De La Torre, D-South Gate; Kevin de Leon, D-Los Angeles; and Ed Hernandez, D-West Covina – were present but didn’t vote. Assemblywoman Wilmer Carter, D-Rialto, was absent.

I queried all four about what they would do if there’s a re-vote. Carter spokeswoman Ellen Braunstein responded to my query just before noon: “I haven’t been able to contact the Assemblymember yet, and will wait for her response.”

But, perhaps unsurprisingly, none of the other three have responded yet. Perhaps they were busy having their heads knocked together by Assembly Speaker Karen Bass, Speaker-elect John Perez and/or California Democratic Party Chairman John Burton, all of whom might like to see them fall into the party line to sink Maldonado once and for all.

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