16

Inside Don Perata’s mayoral election defeat

So former state Senate President Pro Tem Don Perata – who entered Oakland’s mayoral race with big-time name recognition and fundraising prowess, and who outspent all his rivals enormously – lost the race to City Councilmember Jean Quan. He conceded this morning.

This was Oakland’s first foray into ranked-choice voting, and there were 10 candidates in the field. Perata held the lead in every elimination round until the last, when City Councilwoman Rebecca Kaplan was cut and her supporters’ second and third choices broke almost three-to-one in Quan’s favor, catapulting her past Perata to win.

In the end, Perata’s somewhat polarizing personality and past may have proved to be his undoing, as many had predicted could happen. People tend to either love him or hate him, with not many in between; those who love him were quick to name him their top choice, and the rest were much less likely to write him in somewhere below.

John Whitehurst, a longtime Perata consultant who was one of three paid by the mayoral campaign, was still shaking his head later Thursday, and basically said his only mistake was not attacking Quan and Kaplan more.

“It’s still hard for me to swallow the fact that we won by 11,000 votes, 10 percent of the vote, and the person that won the election lost in 80 percent of the precincts,” he said.

But Perata didn’t “win” by 11,000 votes – he finished that far ahead in the first round, putting him nowhere close to the 50 percent mark he’d have had to exceed to win outright.

“The purpose of the ranked-choice voting was to make the campaigns shorter, less expensive and less negative and all three turned out to be completely false,” Whitehurst complained, saying that all the new method accomplished was to turn the election into an episode of the reality television show “Survivor,” in which candidates had to build alliances to outlast their rivals.

“Hindsight is always 20-20, and if I were to run the election again, I would’ve gone negative on Jean and negative on Rebecca the way that they went negative on Don,” he continued, noting none of Perata’s campaign literature attacked his rivals.

He acknowledged there were direct mail pieces sent out by independent expenditure committees that attacked Quan, but he said that of a dozen mailings that Quan sent out, 10 attacked Perata in some way.

“We invested a ton of money in field operations,” Whitehurst said. “Jean pretty hypocritically today said hers was a grassroots campaign, but she didn’t have a grassroots campaign, she put out 12 pieces of mail of which 10 were negative.”

Some might find it hard to see how Perata – who outspent Quan by far – was more “grassroots” than Quan, who had a smaller bankroll but still had a substantial number of volunteers pounding the pavement for her. Asked why Perata was paying three different consultants for the same campaign, Whitehurst replied he was only paid about $1,000 per month.

“I was cheaper for that campaign than a basic field organizer was, so don’t go there,” he said. “A campaign that does not have organizers is not a serious grassroots campaign.”

Whitehurst said he believes this outcome will sour Oakland’s electorate on ranked-choice voting. “This is the first time that instant-runoff voting has produced this result. It happened in San Francisco too, and I think you might see people taking another look at the system now that, in three elections, the first place winner didn’t win the race.”

“I think less than 5 percent of the people understand ranked-choice voting; walk outside the office and ask somebody how it works, I don’t think they’ll know,” he charged. “Choosing a leader is not about a game of ‘Survivor’ on TV, y’know? It’s just not.”

59

CD11: McNerney declares victory, Harmer fights on

Incumbent Rep. Jerry McNerney, D-Pleasanton, declared victory Wednesday evening in his race to retain his 11th Congressional District seat, saying the remaining ballots couldn’t possibly put Republican challenger David Harmer back on top.

“With the vast majority of votes tallied, the results are clear. Congressman McNerney now has an insurmountable lead,” McNerney campaign manager Doug Greven said in a news release.

Not so fast, cautioned Harmer.

“On Election Night, when I led by thousands of votes, and supporters were congratulating me and calling me Congressman, I cautioned that it was too early to claim victory. Many votes remained to be counted,” he said in an e-mailed statement Wednesday evening. “That is still the case tonight. Just as it would have been premature to claim victory then, it would be premature to concede defeat now.

“As I said the day after the election, my objective is to ensure that every legitimate vote is accurately counted. Once that has been done, I will offer a statement about the results.”

As of Wednesday evening, McNerney led Harmer by 1,681 votes, or about seven-tenths of a percent of the almost 231,000 ballots counted. A previous update, on Tuesday night, had shown McNerney up by 2,269 votes, but Contra Costa, San Joaquin and Santa Clara counties posted updates Wednesday.

Registrars in the four counties within the district continue to tally votes, and don’t expect to certify their final counts until at least Nov. 24.

McNerney — now seeking a third term in the House of Representatives — leads Harmer — an attorney from San Ramon’s Dougherty Valley area — in Alameda County by about 15.5 percentage points and in Santa Clara County by 8.2 points.

Harmer leads McNerney by about one-fifth of a point in Contra Costa County and by 4.3 points in San Joaquin County, the latter of which includes the largest chunk of the 11th District. San Joaquin County is also where American Independent nominee David Christensen fared best, with almost 7.1 percent of the votes cast; districtwide, he took about 5.1 percent.

McNerney’s campaign argued Wednesday that based on the trends so far, Harmer could close the gap by fewer than 300 votes from the 11,000 remaining provisional and vote-by-mail ballots in San Joaquin and Contra Costa counties, while McNerney could expect to pick up more votes than Harmer from among about 700 still-uncounted ballots in Alameda and Santa Clara counties.

5

FPPC: No problem with Perata’s campaign loan

There’s no evidence that Don Perata violated the state’s campaign finance laws when he loaned money from his company to his Oakland mayoral campaign, the state’s political watchdog agency says.

Don PerataCalifornia’s Fair Political Practices Commission notified the former state Senate President Pro Tem in an Oct. 14 letter that it had “initiated an investigation of allegations that you may have violated the Political Reform Act when you made a loan of funds from Perata Consulting LLC to finance your mayoral campaign.”

But 12 days later, it sent him another letter saying that based on the FPPC’s review of his campaign finance reports, “we are closing this case with no further action.”

Because no sworn complaint was ever received, the FPPC won’t disclose the source of the allegations that sparked its investigation.

Perata Consulting – run by Perata and his son, Nick Perata – loaned Perata’s mayoral campaign $50,000 on June 30 of this year. The consulting firm’s major client over the past two years has been the California Correctional Peace Officers Association; the prison guards’ union’s committees have paid Perata Consulting a total of at least $468,893.81. CCPOA committees also have paid at least $57,548.75 to Liquid Logistics, a company run by Nick Perata.

Despite Perata’s record spending in this campaign, the Oakland mayoral race remains too close to call as the Alameda County voter registrar continues counting last-minute vote-by-mail and provisional ballots. This was Oakland’s first outing with ranked-choice voting, and although Perata led his competitors in a preliminary first-choice count, a subsequent, unofficial tally of second- and third-choice votes showed City Councilwoman Jean Quan in the lead.

22

Cooley’s lead widens, but Harris isn’t worried

Republican Steve Cooley’s lead over Democrat Kamala Harris in the race for state attorney general has widened to 44,058 votes, or half a percentage point of all those cast, according to the secretary of state’s latest update at 9:14 a.m. this morning.

But Harris’ campaign warns against drawing any conclusions from the daily changes in the vote count.

“Basically what you’re looking at is heavily skewed reporting from good Cooley counties and a lot of our best performing counties have yet to report in any significant numbers,” spokesman Brian Brokaw said a few minutes ago.

Orange, Riverside and San Bernardino counties posted a lot of late returns over the weekend, he said. But while Orange County might account for 8 to 9 percent of the state’s vote total when all is said and done, it has accounted for about 25 percent of the late votes posted since Tuesday, pushing the numbers in Cooley’s direction.

So, Brokaw said, when big Democratic strongholds such as Los Angeles, San Francisco and Alameda counties finish counting their vote-by-mail and provisional ballots, Harris should regain the lead and finish on top.

UPDATE @ 4:01 P.M.: As of the 11:51 a.m. update to the secretary of state’s site, Cooley’s lead has been cut to 19,189 votes; Harris’ people tell me Santa Clara County helped her close the gap, and other Democrat-heavy counties are yet to come.

UPDATE @ 6:52 P.M.: And as of the 5:06 p.m. update, Cooley is up by 40,958.

10

Cooley widens lead over Harris in AG’s race

Republican Steve Cooley has widened his lead of Democrat Kamala Harris in the race for state attorney general, according to the vote-counting update filed to the secretary of state’s website at 12:49 a.m. this morning.

Cooley is up by 24,276 votes, about 0.3 percent of votes cast in the contest. That’s a tiny lead, but wider than any that has existed since Tuesday night; Harris had been up for a few days, and then Cooley pulled into the lead on Friday by 16,095 votes.

Harris’ lead in Cooley’s home Los Angeles County has increased in recent days from about 259,000 to 261,255. But Cooley has benefitted more as additional returns come in from conservative strongholds such as Orange and San Diego counties, as his campaign had suggested would happen.

There still are many ballots to be counted, so this is far from over, but it must be excruciating for the candidates and those who worked so hard on their campaigns.

31

CD11: Court dispute continues Monday, McNerney holds small lead

Democratic Rep. Jerry McNerney inched his way toward re-election as updated counts today showed him with a slim 548-vote lead over opponent and GOP nominee David Harmer.

But the outcome is still a long way from settled.

The gap represents a tiny 0.3 percentage points of the 176,108 votes counted in the 11th Congressional District, which remains one of nine House races nationwide still too close to call. The four county elections offices within the 11th District are plowing through the uncounted mail-in and provisional ballots but thousands of votes remain to be processed.

The fiercely contested race also had its first day in court today, as Republicans sought to force Contra Costa County Registrar of Voters Steve Weir to allow their election-count observers to challenge the veracity of signatures on vote-by-mail envelopes.

A Contra Costa County judicial commissioner declined to sign a temporary restraining order that would have stopped the signature verification process but kicked the dispute into Superior Court, where it is set for a full hearing Monday morning.

Weir said state law specifically allows pollworkers to challenge a voter’s right to cast a ballot and those who present proof before the election that an individual who was issued a vote-by-mail ballot is ineligible to vote. Election count observers, he said, are permitted only to question whether workers are following established procedures.

Every voter whose eligibility comes into question has the right to answer the allegation, Weir said, and allowing casual observers to challenge a voter after the fact is “not going to happen,” Weir said. “If a judge orders it, then we’ll have to see what we do next.”

GOP attorney Charles Bell argued that observation alone cannot ensure election accuracy. He told the court that Weir has failed to provide adequate access to the signature-verification process and observers should have the right to challenge a signature that doesn’t appear to match the original signature in the county’s voter registration database.

Click here to read the rest of the story.

I also thought readers might be interested in the county-by-county breakdowns as of this afternoon:

ALAMEDA COUNTY (15.5 percent of District 11 voters)

  • Harmer: 42.6 percent, 11,950 votes
  • McNerney: 57.4 percent, 16,086 votes
  • GAP: 14.8 percent, or 4,136 votes, in McNerney’s favor

CONTRA COSTA (24.6 percent of District 11 voters)

  • Harmer: 50.4 percent, 24,070 votes
  • McNerney: 49.6 percent, 23,718 percent
  • GAP: 0.7 points, or 352 votes, in Harmer’s favor

SAN JOAQUIN COUNTY (53.9 percent of District 11 voters)

  • Harmer: 52.5 percent, 45,958 votes
  • McNerney: 47.5 percent, 41,612 votes
  • GAP: 5 points, or 4,346 votes, in Harmer’s favor

SANTA CLARA COUNTY (5.9 percent of District 11 voters)

  • Harmer: 45.6 percent, 5,802 votes
  • McNerney: 54 percent, 6,912 votes
  • GAP: 8.7 points, or 1,110 votes, in McNerney’s favor

TOTAL

  • Harmer: 49.8 percent, of 87,780 votes
  • McNerney: 50.2 percent, or 88,328 votes
  • GAP: 0.3 percent, or 548 votes, in McNerney’s favor