Shenanigans? Under California’s primary rules, some campaigns boggle the mind
https://www.elkgrovenews.net/2020/01/shenanigans-under-californias-primary.html
By Ben Christopher, CalMatters |
Kathy Garcia is not your
typical Republican candidate for the California Senate.
For one, she only just
joined the GOP. A lifelong Democrat, she won election to the Stockton school
board member with the backing of the county Democratic party. She changed her
affiliation to Republican in June 2019, six months before the deadline to enter
the Senate race.
She said the idea to run —
under the banner of a party she’d opposed most of her adult life — was
suggested to her by a Stockton lawyer and powerbroker who, records show, has
helped fund the campaign of another candidate in the race. And that candidate,
a moderate Democrat, incidentally stands a better chance if the Republican vote
is divided.
The 80-year-old Garcia,
asked by CalMatters why she’s running under the GOP label, gave a series of
distinctly un-Republican explanations.
“I just decided I was going
to try something new. And not because I like Trump,” she said, before making a
retching noise. As for the Republicans that are running, she said, “I want to
just put them under the bus.”
Garcia might get her wish.
That’s thanks to
California’s unique “top two” election system, in which all candidates —
regardless of party affiliation — are listed together on the same ballot
in the first round “primary.” Only the first and second place winners March 3
move on to the general election Nov. 3, also regardless of party affiliation.
The race for state Senate in this Central Valley district race is the latest oddball
illustration of how the state’s decade-old electoral attempt at reform can
distort the typical logic of campaigning, confuse voters and lead to
mind-bending results.
Under the top two system,
Garcia’s unlikely candidacy as a Republican is — paradoxically — most likely to
benefit moderate Democrat and Modesto Councilman Mani Grewal. By running as a
Republican along with another long-shot GOP candidate, Jim Ridenour, Garcia
could split the local GOP vote three ways. If so, that could very well leave
the two Democratic contenders — Grewal and Assemblywoman Susan Eggman — with
the top two winning spots.
And it would leave the most
viable Republican candidate running, Stockton Councilman Jesús Andrade, who has
been endorsed by the state party, flattened under that proverbial bus.
Asked if her motivation was
to undermine Andrade, Garcia demurred: “I can’t come out and say that.”
Both she and Grewal say
they aren’t working together. The Andrade campaign isn’t buying it.
“It’s shameful that
Democrat Mani Grewal would plant a Bernie Sanders supporting, fake Republican
like Kathy Garcia in this Senate race to split the Republican vote,” said
Andrade’s consultant Steve Presson. “Republican Jim Ridenour is also a Grewal
plant whose candidacy is solely to help Grewal make the top two general
election run-off. These Nixonian dirty tricks are just deplorable. Central
Valley voters deserve better.”
Grewal called that a
“ridiculous accusation.”
The top two system was
intended to strip political parties of their influence over the candidate selection
process, making California elections less prone to backroom dealing and
polarization. The jury is still out as to whether the
system actually has pushed state politics towards the ideological center, as
promised. But ten years into California’s experiment with electoral “reform,”
an unintended side effect has emerged. Political insiders have figured out how
to game the top two — or, at the very least, how to accuse other campaigns of
doing so to muddy the political waters.
But the mere fact that any
of this is in doubt is an artifact of the state’s peculiar election system,
said Paul Mitchell, vice president of Political Data Inc and frequent critic of
the top two.
“Nobody would have
questioned (Garcia’s candidacy) under the old system,” he said. The top two, he
said, “encourages not only this manipulative strategy, but it also makes the
public question a manipulative strategy where maybe there isn’t one.”
Grewal said allegations of
coordination between his campaign and any other candidate in the race are
“conspiracy theories” and “a cry for some free media” by the Andrade campaign.
“The first time I met Kathy
Garcia was at the Modesto Bee forum” on Jan. 14, he said. “I know Jim Ridenour
and the last time he endorsed me in my campaign. I would have liked his
endorsement this time.”
In a follow-up
conversation, Garcia, who supported New Jersey Democratic
Sen. Cory Booker for president, insisted that her choice to run was not
motivated by her antipathy towards the Republicans, despite her earlier
comments.
“Look at the people running
as a Democrat,” she said. “Everybody is either an incumbent or has a big
following or something. So here I am.”
She added that the idea to
change parties and run for office as a Republican first came from Stockton
lawyer and political operative N. Allen Sawyer, whom she described as “kind of
my campaign manager.”
In an email, Sawyer
explained that he encouraged Garcia to run as a Republican because the “San
Joaquin County Democratic Party is rigged and controlled by insiders…I think as
a moderate she has a better chance of being treated fairly as a Republican.”
Last year, prior to
Garcia’s entry into the race, Sawyer donated $3,000 to Grewal’s campaign.
“I support financially a
wide range of candidates who run for office,” he said.
Grewal acknowledged the
early financial support from Sawyer, whom he said he has known for some time.
“And about his relationship with Kathy, I’m not aware of that stuff.”
Sawyer isn’t the only
financial backer of Grewal’s campaign with connections to the two outsider
Republicans, Garcia and Ridenour.
Rex Dhatt, a used car
dealer and president of the American Punjabi Chamber Of Commerce, has donated
at least $2,000 to Grewal. He’s also contributed to Garcia (the exact value
will be disclosed after the next campaign finance filing deadline at the end of
January).
Bill Lyons, a farmer,
rancher and land developer in Modesto who serves as Gov. Newsom’s Agriculture
Liaison and was state secretary of Food and Agriculture under Gov. Gray Davis,
donated $1,953 to the Grewal campaign. Since 2017, Lyons, his firms and members
of his family have given $26,891 to Grewal’s various electoral efforts.
But this year, four
companies owned by Lyons have also been the sole contributors to Ridenour,
another Republican in the race, giving a total of $4,000 as of the end of 2019.
Dhatt said he wasn’t
involved in either campaign directly. “I know them personally from before,” he
said of the two candidates when reached by phone. “They came for a check so I
gave them a check, end of story.”
Neither Lyons nor Ridenour
responded to requests for comment.
While Grewal insists that
none of the various connections between his campaign and those of Garcia and
Ridenour amount to much more than a coincidence, common enough in
moderately-sized towns like Modesto and Stockton, his campaign has recognized
that the presence of three Republicans in the race works to his benefit.
“With three credible
Republican candidates — a former Mayor of Modesto, a Stockton school board
member, and a Stockton City Council member — those votes will be split,” reads
a memo his campaign sent out to supporters last November. “None of the three
Republicans will get more than 20% of the March vote.”
Given the moderate lean of
the district as a whole, the memo continues “Grewal’s support from law
enforcement and business will result in the majority of Republicans supporting
him.” Combined with a large share of the district’s Democrats, that will “give
him a comfortable November margin.”
This isn’t the first time
in California’s top two history that an outside candidate has been labeled a
spoiler. Take the case of Scott Baugh.
In 2018, the former Orange
County Republican Chair entered a congressional race against then-incumbent
Dana Rohrabacher. Baugh, who also happened to be Rourbacher’s former campaign
director, claimed to have suffered a falling out with his old boss. But with
eight Democrats in the race, some political observers called his last-minute
entry into the race “suspicious,” suggesting it was an attempt to insert a
second well-known Republican in the race to nab the second place spot. As
CalMatters’ columnist Dan Walters put it, the state GOP could have been
“pulling off one of history’s most audacious political coups.”
Baugh and Rohrabacher’s
mutual history didn’t help allay those suspicions. In 1995, Baugh won an
Assembly race after Baugh’s campaign manager and Rohrbacher’s wife convinced a
friend of Baugh’s to run as a “decoy” Democratic candidate, siphoning off votes
from Baugh’s main opponent.
In 2018, Baugh came in
fourth and Rohrabacher lost in the general. The plan — if there was one —
didn’t work.
That might be thanks to a
bit of electoral shenanigans on the Democratic side: The Democratic
Congressional Campaign Committee spent hundreds of thousands of dollars on ads
hammering Baugh and boosting a little known Republican candidate named John
Gabbard, hoping to lift up the latter at the expense of the former.
Running political
advertising to back a weaker candidate is yet another convoluted strategy
enabled by the top two system.
Last year, supporters of
both Attorney General Xavier Becerra and Gov. Gavin Newsom ran advertisements that subtly (or maybe not so
subtly) boosted the conservative bonafides of their Republican opponents.
Why? In a traditional
partisan primary system, a Democrat in California would be forced to face-off
against a Republican no matter what. But in California, where a Republican
hasn’t won statewide since 2006, ensuring a GOP candidate gets into the top two
rather than a fellow party member is a winning strategy for any Democratic
candidate.
Newsom said as much when asked which
candidate he’d like to run against during a pre-primary debate last May: “A
Republican would be ideal.”
These strategies aren’t
illegal. It’s not clear they’re even unethical, said Mitchell, who offered the
electoral equivalent of the adage “don’t hate the player.”
“You can decry the people
who would do those kinds of things, but you could also point to the system,” he
said.
CalMatters.org is a nonprofit, nonpartisan media venture explaining
California policies and politics.
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