Maldonado

As California Target Book co-author Allan Hoffenblum said to me earlier today, the California Legislature couldn’t pass a resolution favoring motherhood these days without a partisan fight.

He was referring to the news this afternoon that Republican State Sen. Abel Maldonado is either the next lieutenant governor or he is not.

The Senate confirmed Maldonado’s nomination but the Assembly rejected him on a 37-35 vote. (Click here to read the news story.)

Gov. Arnold Schwarzenegger’s people say it takes 41 votes — a majority of the 80-member Assembly — to legally reject the nomination. So, the governor plans to swear Maldonado into office, an act that could send the dispute into the hands of a judge.

“California Democrats stood strong and stood for principle today when the Assembly rightfully voted to reject Governor Schwarzenegger’s appointment of Abel Maldonado for lieutenant governor,” said California Democratic Party Chairman John Burton in an email statement. “If not for the courageous actions of the Assembly, California Democrats would have been party to putting an un-elected Republican, with a history of making backroom deals, a heart-beat away from the governor’s office – to say nothing of the vote the lieutenant governor has on the critical State Lands Commission.”

Schwarzenegger’s Legal Secretary Andrea Lynn Hoch disagreed. She issued this statement:

“The California Constitution is clear: if the legislature does not act to refuse to confirm the Governor’s nominee, his appointment moves forward. The Constitution only speaks to ‘refusal’ of confirmation. Furthermore, the Lungren decision does not apply to this situation. The Lungren case addresses an entirely different situation and is not instructive here. Based on the Assembly vote, Senator Maldonado will be sworn in as Lieutenant Governor.”

Article V of the California Constitution states that the nominee takes office if he or she is “neither confirmed nor refused confirmation” by both chambers. Today’s Assembly vote is not a “refusal” to confirm, there is neither a confirmation nor a refusal to confirm by that chamber and, under the text of the Constitution, the nominee would take office.

The decision in the case of Lungren v. Deukmejian (1988) 45 Cal.3d 727 dealt with a situation in which the Assembly voted to confirm and the Senate voted to deny. The court held that in that scenario, the nominee would not take office. The Lungren decision has nothing to say about the question here – when a majority isn’t reached, does the vote count as a refusal. According to the California Constitution, today’s Assembly vote is not a “refusal” to confirm.

The Coalition of Bay Area Young Democrats, conjunction with the San Francisco Young Democrats, will host a massive candidates’ forum at 1 p.m. this Saturday, Feb. 6 at the SEIU Local 87 hall, 240 Golden Gate Ave. in San Francisco.

Free and open to the public, the forum aims to hear from, and give attendees a chance to ask questions of, candidates in some of 2010′s highest-profile races. Confirmed speakers include gubernatorial candidate Jerry Brown; lieutenant governor candidate Janice Hahn; Attorney General candidates Kamala Harris, Chris Kelly, Pedro Nava and Alberto Torrico; incumbent state Treasurer Bill Lockyer; Insurance Commissioner candidates Hector De La Torre and Dave Jones; Superintendent of Public instruction candidates Larry Aceves and Tom Torlakson; and incumbent Board of Equalization member Betty Yee.

Senate President pro Tem Darrell Steinberg, D-Sacramento, has set a Rules Committee hearing to consider Gov. Arnold Schwarzenegger’s appointment of state Sen. Abel Maldonado, R-Santa Maria, as Lieutenant Governor for 1:30 p.m. next Wednesday, Feb. 3 in room 113 of the State Capitol.

State Sen. Abel Maldonado, R-Santa Maria – Gov. Arnold Schwarzenegger’s nominee to fill the vacant lieutenant governor’s office – attended the governor’s appearance this morning at the Alameda County Community Food Bank in Oakland, and spoke with a few reporters outside beforehand.

Asked about ongoing student protests against ever-rising fees at the University of California, California State University and California Community Colleges, Maldonado said they’re right to be angry.

“We’ve let partisanship get in the way of what’s good for the state of California,” he said, adding students should be sent a message that there’ll be cuts in top education executives’ pay if fees are to increase; he said he worked with the UC Regents as “a hawk on executive compensation three or four years ago.”

He and Schwarzenegger were in town to tour the food bank while touting a “Million Meals Initiative” in which surplus money from the California Governor & First Lady’s Conference on Women will be donated to provide more than a million meals to needy Golden State families, and to draw attention to their plight.

He said he knows “nothing helps the cuts that we’re making” in California’s social-services safety net as a result of the budget deficit, and that no officeholder relishes making such cuts.

Neither Democrats nor his fellow Republicans have been thrilled by Maldonado’s nomination. Democrats have questioned the cost of holding a special election to fill his state Senate seat, and less publicly, their ability to win that seat as well as the wisdom of giving a Republican lieutenant governor the incumbent’s advantage going into next year’s election. Republicans have blasted him for his votes in favor of Democrat-written budgets and a minimum wage hike. The Legislature has until Feb. 22 to confirm him, and Sacramento remains abuzz with rumors of what’ll happen.

“This is what people are upset at, the politics,” he said, inviting his fellow lawmakers to give him an up or down vote based on his qualifications, not on political machinations.

Holding fundraisers Thursday a few miles away in downtown Oakland, Los Angeles City Councilwoman Janice Hahn – a Democratic candidate for lieutenant governor – was inclined to agree.

“I don’t know why the Legislature would necessarily want to pick a fight with the governor on this issue” (of Maldonado’s confirmation), she said during an interview immediately after a luncheon fundraiser at Levende East – even if confirmed, Maldonado will face the voters later next year anyway, she noted. “He’s handpicked by Schwarzenegger, and I think that says it all.”

The “to-confirm-or-not-to-confirm” flap isn’t putting her off her own campaign message, Hahn said, which is that she’s the only local official in this race; all the other candidates on either side of the aisle are state lawmakers, and “the last time I checked, they had a 13 percent approval rating.”

Hahn’s rival for the Democratic nomination for lieutenant governor is state Sen. Dean Florez, D-Shafter. Besides Maldonado, the other Republicans seeking the job are state Sen. Sam Aanestad, R-Grass Valley, and state Sen. Jeff Denham, R-Merced. (UPDATE @ 7:15 P.M.: D’oh! Denham’s out of the race. That’s potentially bad news for Maldonado; if confirmed, he’d have wanted Denham and Aanestad to split the conservative vote in the GOP primary, giving him room to squeak past both as the lone moderate.)

“I think I’m going to be an outsider, I think I’m going to be more of a reformer,” she said, noting that although she’s not nearly as well known outside Los Angeles she’s getting warm receptions all over the state because “I am sharing their pain on how they feel about Sacramento.”

“They’re very angry the guys in Sacramento came and took our local money, and I share this bond of anger,” Hahn said. “They want their cities to be able to provide the services that provide for a quality of life.”

She said she can accomplish that by making the California Commission on Economic Development – which the lieutenant governor shares – into a higher-visibility, more proactive agenda-setter for improving Californians’ lot, even while she stands against fee increases as a member of the UC Board of Regents and the CSU Board of Trustees.

Oakland City Attorney John Russo arranged Hahn’s fundraising sweep through the city. Sources say about 25 people attended Hahn’s $150-a-head breakfast Thursday morning, and I saw about 40 at the $300-a-head lunch, including Oakland Vice Mayor Ignacio De La Fuente; San Francisco attorney Melinda Haag, rumored to be announced soon as the Obama Administration’s pick as Northern California’s next U.S. Attorney; Oakland Police Officers’ Association President Dom Arotzarena; Clear Channel Outdoor Vice President Michael Colbruno, a Democratic activist; East Bay Young Democrats President Rebecca Saltzman; and Port of Oakland Executive Director Omar Benjamin. I hear Russo is hosting a smaller, $1,000-a-head event for Hahn at his home tonight.

As the jibber-jabber over whether to confirm Abel Maldonado as lieutenant governor continues (the LA Times’s George Skelton says today that it’s a must for Democrats), the Democratic contenders in next year’s election are continuing to raise money full steam ahead.

In fact, Los Angeles City Councilwoman Janice Hahn will be here in Oakland this Thursday, Dec. 10, for a pair of fundraisers orchestrated by Oakland City Attorney John Russo. First there’s a breakfast event, 8:30 to 9:30 a.m. in the Cathedral Building Gallery at 1615 Broadway, at $150 a head; later, from noon to 2 p.m., it’s a luncheon at Levende East, 827 Washington St. in East Oakland, at $300 a head.

Russo’s invitation says that Hahn, a councilwoman since 2001 and part of a Los Angeles political dynasty – she’s the sister of former mayor James Hahn, daughter of former county supervisor Kenneth Hahn and niece of former city councilman Gordon Hahn – “is a courageous leader who provides a voice for those that most need to be heard.”

He praised her work against gangs, for modernizing LAX and to cut truck pollution at the Port of Los Angeles, and said she understands ho government affects “real people and small businesses.”

“I have worked with Janice Hahn for many years. I know she will be a great ally and supporter for Oakland. Janice will bring the leadership to Sacramento that local communities actually need,” Russo wrote. “I believe Janice Hahn will bring necessary change to the state capitol. Please join me in supporting her. Come meet her for yourself.”

Meanwhile, Hahn’s rival for the Democratic nominiation, state Senate Majority Leader Dean Florez, D-Shafter, is working Southern California for much bigger bucks. His fundraiser one week from tonight, on Monday, Dec. 14, at the Regency Club in Los Angeles is co-hosted by Hollywood luminaries such as Martin Sheen, Jerry Zucker and David Geffen; tickets start at $2,000 and range up to $13,000 for event co-chairs.

Three days after that, on Thursday, Dec. 17, Florez’ fundraising tickets are more modestly priced but the visuals should be much better – it’s “One HOT December Night” of salsa dancing at trendy nightclub The Mayan in Los Angeles, with tickets running from $20 up to $6,500.

Florez was elected to the state Senate in 2002, and served in the Assembly for four years before that.

I was on KQED’s “This Week in Northern California” last night to talk about the Machiavellian machinations behind choosing the next Lieutenant Governor and the next Assembly Speaker.

I didn’t have time for a Perez-related anecdote. At least one prominent Democratic strategist shopped around the idea this week that – just as renowned former Assembly Speaker Jesse Unruh was nicknamed “Big Daddy” – a successful Perez speakership could earn him the moniker “Big Papi.” Perez is allegedly cool with the idea.

Click here for the whole episode, including an interview with Booker Daniels from the Centers for Disease Control and Prevention regarding World AIDS Day, as well as an interview with Al Gore.

State Sen. Abel Maldonado will seek the lieutenant governor’s seat whether or not the Legislature confirms him to the vacant post. See my story about Maldonado’s visit to the Contra Costa Times editorial board today at http://www.contracostatimes.com/news/ci_13910929

Senate President Pro Tem Darrell Steinberg says he has “grave concerns” about Gov. Arnold Schwarzenegger’s decision to nominate GOP Sen. Abel Maldonado as the next lieutenant governor.

“I congratulate Senator Maldonado upon his nomination by the governor,” Steinberg said in a release a few minutes ago. “Senator Maldonado is a fine colleague, but I have grave doubts about filling this position with any sitting elected official for two significant reasons.”

Steinberg questions the cost of holding a special election to replace Maldonado, estimated at $2 million.

“Rather than using taxpayer money to pay for an avoidable election, it may be wiser to use that $2 million to defray recent fee increases in our higher education system,” Steinberg said. “For example, $2 million would significantly reduce the Winter/Spring 2010 fee increases for UC students, or it would cover the recent $6 per unit increase for 333,000 course units for community college students.”

Besides, he added, voters in less than a year will select their own lieutenant governor.

“It may be both fiscally and politically prudent to permit the people to make their own selection for this statewide office next year and avoid the expense of a costly special election,” Steinberg said.

So much for rewarding Maldonado for his aye vote on the budget this year.

The nomination to fill out former Lt. Gov. John Garamendi’s term would be a serious leg up for Maldonado’s election prospects in 2010, where he could run as the incumbent.

UPDATE: Schwarzenegger spokesman Aaron McLear says the Legislature has the power to avoid the cost of a special election: If the Legislature confirms Maldonado by Feb. 16, the special election to fill his seat can be consolidated with the June 8 statewide election and pay nothing extra.

UPDATE NO. 2:  Rick Jacobs, chairman of the progressive Courage Campaign, released the following statement today on Maldonado.

“The best thing we can do right now is to remove Sen. Abel Maldonado from a position of importance where he can do great damage, the California State Senate, and place him in an irrelevant post, the Lt. Governor’s office. For once, we agree with the Governor — Abel Maldonado should be demoted to Lt. Governor.”

UPDATE NO. 3: From Steinberg’s office on the cost of special election. ”

“To fill the Maldonado seat, there will almost certainly be two elections: 1) a primary, and 2) a run-off. It is only possible to consolidate one of those two elections with the June primary. Thus, there will have to be at least one unconsolidated election for the 15th SD, which would involve 5 separate county election offices. The cost of administering one such election is estimated at $2 million. That number is based on the most recent Senate special election to fill SD 26 (Curren Price) and what we’ve been told by the Secretary of State’s office.”

UPDATE NO. 4:  Governor Schwarzenegger’s Communications Director Matt David today issued the following statement after Senator Steinberg’s comments on the Governor’s recent appointment of Senator Maldonado as California’s next Lieutenant Governor:

“If Senator Steinberg acts promptly and confirms Senator Maldonado as California’s next Lieutenant Governor within 84 days, the Governor will consolidate the 15th district’s special election with the statewide June election to save tax payer dollars. If Senator Steinberg is concerned about state revenues and college tuition hikes he should stop fighting his own pay cut.”

Senator Steinberg Announced Today That He Was Opposed To A Special Election, But He Had No Problem Earlier This Year Endorsing State Senator Gil Cedillo In The Special Election To Fill The 32nd Congressional District Seat. (Gil Cedillo For U.S. Congress, www.gilcedillo.com, Accessed 11/24/09)

In April, The Sacramento Bee Ran A Story Detailing The Problems The Democratic Leadership May Have As Legislators Leave The Senate And Assembly To Seek Higher Office. This Is What Senator Steinberg Said When Asked About The Vacancy Situation: “Steinberg said he will always ‘encourage my colleagues to seek higher office (and) achieve their goals. We’ll deal with it all as best we can.’ (Shane Goldmacher, “Vacancies To Plague Dem Leadership Throughout ’09,” Sacramento Bee, 4/3/09)

Senator Maldonado Has Had A Commitment To Ensure Fiscal Responsibility By Requesting Legislative Pay Cuts. “State Senator Abel Maldonado (R-Santa Maria) today testified before the Citizens Compensation Commission hearing in Los Angeles, which voted to reduce legislators’ salaries by eighteen percent. As part of his ongoing commitment to fiscal responsibility, Senator Maldonado immediately sent a letter to State Controller John Chiang asking that he be paid the new salary effective June 1, 2009. “Of all the cuts that are being discussed right now, one part of government remains immune-the Legislature. I have always said that this economic crisis is about shared pain and shared sacrifice. That is why I came to Los Angeles today to testify before the commission,” Maldonado stated immediately following the hearing.” (Press Release, Senator Abel Maldonado, 5/20/09)

The State Legislature Is Quietly Seeking Using The Courts To Block A Steep Cut In Lawmakers’ Salary And Perks. “Executives of the Assembly and Senate have asked the state attorney general to determine whether the scheduled 18% pay reduction and additional 18% cuts to living expenses and car allowances are illegal. The lowered benefits are due to kick in next month, while base pay is set to be slashed from $116,000 to $95,000, starting with lawmakers elected starting year.” (Patrick McGreevy, “Lawmakers try to block cuts in their pay, perks; Officials seek attorney general’s ruling on the legality of the trims,” Los Angeles Times, 11/6/09)

UPDATE NO. 5: This one came in Tuesday night from Steinberg’s office after I left:

Governor Schwarzenegger’s Communications Director, Matt David, today issued a statement criticizing Senator Steinberg’s statement expressing concern about the $2 million price tag for a special election that would be necessitated if Senator Maldonado is confirmed as Lieutenant Governor.

I don’t know Matt David, and I’m sure he’s an earnest public servant. But there are a few items within his statement that demand a response.

“[T]he Governor will consolidate the 15th district’s special election with the statewide June election to save tax payer dollars.” That’s great, but it fails to recognize that there will be two elections to fill the SD 15 vacancy if Senator Maldonado is confirmed, and only one of those elections can legally be consolidated with the regularly scheduled June statewide primary. The two elections for SD 15 would be a primary and a runoff election. According to state elections officials, either one of those elections, if unconsolidated, should cost at least $2 million. It is possible that Mr. David believes that there will only be one SD 15 election because some dream candidate will earn more than 50 percent of the vote in the primary, thus winning the seat outright. However, anyone with more than 15 minutes of political experience in California will tell you that will not happen in the 15th Senate District. Thus, even if the Governor consolidates the special election primary with the June election, there will be a runoff election that will cost taxpayers $2 million.

“If Senator Steinberg is concerned about state revenues and college tuition hikes he should stop fighting his own pay cut.” This would be ironic, if it weren’t false. Senator Steinberg is not fighting his own pay cut, and Mr. David presented no evidence in his statement establishing otherwise. As was accurately reported in the Los Angeles Times (and Sacramento Bee), “[e]xecutives of the Assembly and Senate” requested a legal opinion from the Attorney General regarding recent actions by the Citizen Compensation Commission. In other words, the request was made by Greg Schmidt and Jon Waldie, not Darrell Steinberg. Of course, whether lawmakers should be paid on a par with communications directors for the Governor is a separate story.

“Senator Steinberg Announced Today That He Was Opposed To A Special Election, But He Had No Problem Earlier This Year Endorsing State Senator Gil Cedillo In The Special Election To Fill The 32nd Congressional District Seat.” It is true that Senator Steinberg encourages his colleagues to pursue their goals. Indeed, if Senator Maldonado chooses to run for Lieutenant Governor in next year’s election, Senator Steinberg would be thrilled to see him pursue his electoral desires. But Mr. David’s argument that somehow Sen. Steinberg is applying a double-standard is a red-herring. The concerns over the cost of the potential special election have nothing to do with the political ambitions of Senator Maldonado. Instead, the concerns are based on the fact that the Governor could have avoided the problem simply by nominating anybody other than a sitting legislator. It may be that the Senate and the Assembly determine that it is worth $2 million to have Senator Maldonado serve out the remaining months left in Garamendi’s LG term, but it’s still a $2 million decision the Governor has forced on the legislature.

Gov. Arnold Schwarzenegger has named state Sen. Abel Maldonado, R-Santa Maria, to serve as Lieutenant Governor, now that Democrat John Garamendi has won election to the House in the 10th Congressional District.

“Senator Maldonado has proven he has the strength and courage it takes to reach across the partisan divide and put the interests of Californians first and he is absolutely the most qualified person to take on the role of Lieutenant Governor,” Schwarzenegger said in his news release. “Senator Maldonado shares my commitment to creating a transparent, accountable government that works for the people. He will be a true partner in solving the critical issues facing our state and building a stronger future for California.”

“Like the Governor, I learned the values of hard work, dedication and personal responsibility at a young age and place a high priority on reforming California’s broken government so that it is more responsive to and reflective of California’s diverse population,” Maldonado said in the same release. “I’m honored to take on the position of Lieutenant Governor and I look forward to working with the Governor to tackle important issues facing California and to ensure all Californians have the opportunity to realize their own American Dream.”

The appointment requires Senate and Assembly confirmation; the lieutenant governor is paid $159,134 per year.

Maldonado, 42, has represented the 15th State Senate District since 2004, and before that, the 33rd Assembly District from 1998 to 2004; he was Santa Maria’s youngest and first Latino mayor from 1996 to 1998 and a city council member for two years before that. He attended California Polytechnic State University, San Luis Obispo where he completed coursework in crop science.

This year, he used his precious Republican vote on a budget agreement to exact a promise from the Democratic majority to put an “open primary” ballot measure before voters next year.

Maldonado in 2006 – after his bid for state Controller ended with a primary loss to the more conservative Tony Strickland – had knocked Schwarzenegger for not doing more to support his moderate candidacy.

“Our governor cares about one thing only, and that’s Arnold Schwarzenegger,” Maldonado told the Los Angeles Times, also knocking the governor’s track record on Latino issues. “When he needs Latinos, Latinos are always there for him. When Latinos need him, the answer’s been no.”

But Maldonado issued a public apology after that, and it surely seems they’ve patched things up.

Meanwhile, progressive Dems are already making plans for how to win the 15th State Senate District. And how are Republicans Sam Aanestad and Jeff Denham, already campaigning for the lieutenant governor’s office, feeling about the possibility of facing a Republican incumbent? Let’s wait and see…

UPDATE @ 6:02 P.M.: I spoke a few minutes ago with Sam Aanestad, R-Grass Valley, who said he has known Maldonado since the day they both entered the Legislature 11 years ago.

“I have to offer him my congratulations, but unfortunately it makes my resolve to win the Republican primary even more firm,” he told me. “I think people are very tired of business as usual, and this represents business as usual with this governor, who is rewarding someone who in my opinion has shown for 11 years a lack of political principles, he has wavered all over the place.”

Maldonado’s budget votes, raising taxes he’d pledged not to raise, will doom him in the GOP’s eyes, Aanestad predicted. “I welcome the debate but I will be running in the Republican primary and I expect the base of this party will reject Abel and his history and will not select him as their standard-bearer in the lieutenant governor’s race.”

Along the same lines, Denham’s camp just issued this statement:

“I anticipate a rigorous confirmation process for this appointment and potentially an even more rigorous Republican primary for Lt. Governor. It is difficult to see how a candidate who has voted for a massive tax increase could possibly win a statewide Republican primary.”

And, jeez, aren’t we all going to miss it when Schwarzenegger is no longer governor and major announcements on California’s highest elected offices are no longer made on “The Jay Leno Show?” Read the transcript of how it went down, after the jump…
Read the rest of this entry »

Lt. Gov. John Garamendi

Gov. Arnold Schwarzenegger’s Great California Garage Sale was disgusting, says Lt. Gov. John Garamendi.

“Have we no pride?” Garamendi said. “That we would allow the governor to go out and finance the state with a garage sale? To sell his signature to finance the state? We are the laughing stock of the world. It’s an abomination. I take pride in California. I take pride that we are the Golden State. Where’s your pride, governor!”

Ouch. Tell us how you really feel, John.

Garamendi had a few other choice words for Schwarzenegger during our phone interview following his Tuesday victory in the 10th Congressional District special primary election. (Democrat Garamendi will run in the Nov. 3 run-off against Republican David Harmer.)

Garamendi called Schwarzenegger the “worst governor this state has ever had. He has taken this state down the tubes. He has destroyed education. He has no progress on health care. He has no progress on education. And prison reform he wants to toss over to the judges.”

Sheesh. If Garamendi’s not careful, he could wake up one morning and find his Capitol office furniture on Craigslist.