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Jon Fleischman

WSJ’s Fund: The GOP’s Al Gore

This came in today’s Wall Street Journal Political Diary e-mail, titled in their table of contents as "The GOP’s Al Gore"…

The Greening of Arnold

Arnold Schwarzenegger likes being called "the Green Giant" for his take-charge attitude on global climate change. He’s on the cover of this week’s Newsweek and jets to Washington D.C. today to participate in that magazine’s environmental forum, where he will unapologetically claim the mantle of federalism to push a California-only solution to limits on carbon emissions. "Look, we don’t need Washington," he told Newsweek.

But the Governator is having less luck in… Read More

Jon Fleischman

Romney Names California Leadership Team

Who’s who in the zoo?

State Chairmen: Senate GOP Leader Dick Ackerman and Assemblyman Tony Strickland.

Co-Chairmen: Former CRP Chairman Mike Schroeder, Congressmen John Campbell and Buck McKeon; current or former State Legislators Anthony Adams, Scott Baugh, Russ Bogh, Bob Dutton, Doug LaMalfa, Bob Margett, Jim Silva, Audra Strickland and Mark Wyland; and Fresno Councilman Jerry Duncan. (h/t to Bob Salladay at the LA Times Political Muscle Blog)Read More

Jon Fleischman

Court of Appeals takes up Nguyen-Nguyen Election Contest

Yesterday Truong Nguyen filed an application for an emergency writ to the Court of Appeals regarding his election contest with Janet Nguyen, who has been seated as an Orange County Supervisor. Trung Nguyen won the election day vote by seven votes and after the recount Janet was declared the winner by 3 votes. Truong then filed an election contest to the issue as to whether or not, in a recount, the paper trail that is produced by electronic voting machines must be recounted. The trial judge ruled that they did not have to be recounted, and Truong appealed this on this ground and on the ground that someone requesting a recount cannot shift counting methods back and forth between machine counts and hand counts based on what beneifts them the most. The Court of Appeals summarily denies 98.5% of writs filed before them, either on the grounds that it is not an emergency, or on the grounds that the writ has no merit. Today the Court of Appeals issued and order in this case taking up the matter and ordering that briefing be completed by May 7, 2007. The decision in this… Read More

Duane Dichiara

Congressional 52 Legal Question

Legal opinion needed:

The Washington Times says Congressman Hunter’s son, Duncan Duane Hunter, may be called back into active duty in the Marines Corps and redeployed. Canhe run for Congress while on active duty?

In the Washington Times he says "if deployed I will run for office as an active duty Marine serving a combat tour".

My reading of the rules indicates that if on active duty he cannot run, cannot solicit votes, and cannot encourage anyone else to run.

Anyone?

Update… well several lawyers calls and emails later the short answer is I don’t have any better idea on any of htisthan I did two hours ago. First, though, I’d point out, none of this matters IF Hunter Jr. is not redeployed or IF he gets back before filing.Read More

Jon Fleischman

Who’s in charge over at the Coastal Commission? The Commissioners? Or the Staff?

Imagine a scenario where the Executive Director of the California Coastal Commission is frustrated because four different times in recent months, "his" Commission has over-ruled the recommendations of his staff, in granting approvals for fractional-ownership hotels in California’s coastal development zone. Then imagine that the Executive Director, rather than talking with the staff about adjusting their guidelines to stay in concert with the majority of the Commission, instead goes out and recruits a liberal extremist State Assemblyman to introduce legislation to have California ban the very type of "condominium hotels" that were being approved… Sound like the classic story of the tail wagging the dog? Well that may be, in fact, what you have with Peter Douglas, the longtime Executive Director of the Coastal Commission (pictured on the cover of City Beat magazine). At their… Read More

Barry Jantz

Campaigning from a Fox Hole

Yesterday’s Washington Times headline, "Hunter’s son to run for dad’s seat," kind of missed the point. We already knew that.

Considering the story’s lede clearly points it out, a more appropo headline might have been, "Hunter’s son to run for dad’s seat from combat zone."

As Duncan Duane Hunter told me, "I found out recently that I might be called back to active duty in the Marine Corps and I might deploy this year to Iraq or Afghanistan. This is not affecting my plans on running for Congress, in fact it reinforces my desire to serve the people of San Diego supporting our President and troops in this time of war. If deployed, I will run for office as an active duty Marine serving a combat tour…it will be interesting."

Interesting, to say the least. As one local consultant put it, "If there are a dozen GOP candidates he can win from… Read More

James V. Lacy

Houston is a cool place

I’m pleased to be reporting from Houston where I’ve just presented a seminar on election law and nonprofit rules to one of our clients, a national organization in favor of tax reform. And I must say, this city, which eschews many of the normal rules of urban development, looks pretty darn cool. Downtown Houston is undergoing a "Renaissance" that has included moving the Houston Astros from the old Astrodome to a new field, "Minute Maid Park," which is just steps away from major hotels and shopping and which include significant private sector support, unlike many of our new stadiums in California. The Rockets play basketball at a new stadium largely funded by Toyota (helping to keep some jobs, at least, in America!). And when I discuss the rules of election and nonprofit law here, the locals ask really great questions, such as "Why in tarnation would the government do that!?"

The last time I was in Houston was in 1981. Today, parts of the city look like Michigan Ave. in Chicago, the Galleria shopping area is great, the art museums are top drawer, and the tex-mex is outstanding! No wonder, with California, from 1976 to… Read More

Jon Fleischman

Today’s Commentary: Who’s in charge over at the Coastal Commission? The Commissioners? Or the Staff?

Imagine a scenario where the Executive Director of the California Coastal Commission is frustrated because four different times in recent months, "his" Commission has over-ruled the recommendations of his staff, in granting approvals for fractional-ownership hotels in California’s coastal development zone. Then imagine that the Executive Director, rather than talking with the staff about adjusting their guidelines to stay in concert with the majority of the Commission, instead goes out and recruits a liberal extremist State Assemblyman to introduce legislation to have California ban the very type of "condominium hotels" that were being approved… Sound like the classic story of the tail wagging the dog? Well that may be, in fact, what you have with Peter Douglas, the longtime Executive Director of the Coastal Commission (pictured on the cover of City Beat magazine). At their… Read More