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#048-2008 - March 18, 2008 - Tuesday
California Legislature
* Recall Election of Republican Sen. Denham
Qualifies
* Governor Must Set Election Date - Likely June
3rd
* Recall Will Impact State Budget Crisis

SACRAMENTO
(CDCAN) - California Secretary of State Debra Bowen today (March 18)
certified that enough valid voter signatures were submitted to proceed
with a recall election of Republican State Sen. Jeff Denham of Merced in
the 12th State Senate District. Denham [[pictured left in a photo
last year] was first elected to the State Senate in 2002 and is
termed out in 2010.
Governor Arnold Schwarzenegger is now required to set an election date
for the recall 60 to 80 days from today (March 18). It is likely that
the Governor will schedule the recall election for June 3, the same day
as the California State primary election when all 80 Assembly seats are
up for election, along with some State Senate seats.
Supporters of the recall want Denham removed from office in large part
due to his refusal to vote for the State Budget last August that was
delayed for over 51 days. That delay, supporters of the recall
claim, caused widespread panic and harm to thousands of people with
disabilities, mental health needs, seniors and others across the State
due to the cut off of State funding until a budget was passed.
Denham has said his refusal to support the State Budget last August was
because it was seriously out of balance and required more spending cuts.
Recall Battle Will Complicate and Intensify Budget Battle
The recall election will complicate and increase the intensity of the
budget fight in the Legislature, especially in the State Senate where
Denham, first elected in 2002 and other Senate Republicans have accused
Senate President Pro Tem Don Perata (Democrat - Oakland, 9th District)
of sponsoring the recall effort. Perata has denied that charge.
The impact of the recall election on the State Budget crisis will be
significant, and will have major influence on what eventually
happens to many of the proposed spending reductions of
critical services and programs serving persons with disabilities, mental
health needs, seniors and low income families. It could influence
what happens to various proposals to increase revenues, including
closing certain tax loopholes.
Denham, broke ranks with other Senate Republicans, and voted to support
the Governor's proposal - advanced by Senate Democrats - to end
exemptions of state sales taxes for yachts, recreational vehicles and
small planes bought outside California but brought into the State within
12 months. The Senate passed the measure as part of the special session
emergency budget bills in February, but that bill stalled in the
Assembly. Supporters of the recall say Denham's vote was made
because of the recall threat, which Denham denied.
There is little chance that the Legislature will pass a State Budget by
July 1, in time for the start of the 2008-2009 State Budget year.
If Denham is recalled, and replaced by a Democrat, State Senate
Democrats would still be short one vote for the 2/3rds needed (27 votes
out of the 40 member State Senate) to pass a State Budget.
In the Assembly, Democrats control 48 of the 80 Assembly seats, with
Republicans holding 32, with 54 votes (2/3rds) needed to pass a State
Budget there.
Supporters of Recall Effort Turned in Over 60,000 Signatures of
Registered Voters
* The sponsor of the recall, Gary D. Robbins, filed 61,144 signatures
of registered voters in the 12th State Senate District.
* To qualify a recall election, the supporters of the recall needed to
get at least 31,084 valid signatures on a recall petition, which is
20% of the total votes case in the last 12th State Senate
District election, which was November 2006.
* The recall qualified through a random sample signature check by
local county election officials, who reported the results to the
California Secretary of State.
* Candidates seeking to replace Senator Denham must file nomination
papers with county elections officials 59 days
before the election date.
* The Secretary of State will certify the candidate list 55 days
before the election.
12th State Senate District Includes All of Merced and San
Benito Counties
The 12th State Senate District includes parts of Madera, Monterey
and Stanislaus counties and all of Merced and San Benito
counties. The district includes the cities of Atwater, Ceres,
Dos Palos, Gonzales, Greenfield, Gustine, Hollister, King City,
Livingston, Los Banos, Madera, Merced, Modesto, Newman,
Patterson, Salinas, San Juan Bautista, Soledad and Turlock.
Denham Easily Won Re-Election in 2006
In 2002, Denham narrowly defeated former Assemblymember Rusty Areias
by just 1,844 votes. In 2006 however Denham was easily
re-elected with 60% of the vote.
He is termed out in 2010 and had talked about running for statewide
office then.
November 2006 General Election - 12th State Senate District
Denham (Republican) - 92,879 (59.8%)
Nickel (Democrat) - 62,539 (40.2%)
November 2002 General Election - 12th State Senate District
Areias (Democrat) - 72,034 (47.1%)
Denham (Republican) - 73,877 (48.4%)
Eaton (Lib) - 6,950 (4.5%)
Votes Not Cast - 9,160 (5.7%)
Laws Governing Recall Election Different From Regular
Elections
State laws for recall elections differ significantly from those
for regular elections in the following ways:
* A recall election includes two parts or questions.
* A voter - in this case, only the voters in the 12th State Senate
district may vote on both parts, or only one.
* The first part or question will ask, “Shall Jeffrey Denham
be recalled (removed) from the office of Senate District 12?”
* If more voters in the 12th State Senate District mark “yes” than
“no,” then Sen. Denham will be recalled (removed) from
office.
* If more voters in the 12th State Senate District mark “no,” he
will remain in office and serve out the remainder of this term, which
expires in 2010.
* The second part of the recall election will list the names of
candidates seeking to replace Sen. Denham in the event he is recalled.
* If Sen. Denham is recalled, the candidate who receives
the most votes will be elected. It is not necessary to receive a
majority of the votes cast.
* That person may be sworn in after the election results are certified
by the Secretary of State.
Recall Elections Rare - Last Successful Recall of A Legislator
in 1995
The State Constitution since 1911, gives voters the power to remove an
elected official from office through a "recall election",
though recall elections are very rare.
The last successful recall was held in October 2003 when voters
recalled then Governor Gray Davis and replaced him with Arnold
Schwarzenegger.
Prior to that, the last successful recall elections of a state
legislators, was in1995, and both against Republican
Assemblymembers who were targeted for recall by Assembly Republicans.
* In May 1995 Assembly Republicans mounted a successful recall effort
against one of their own, then Assemblymember Paul Horcher who
represented the 60th Assembly District. The recall was mounted against
Horcher as punishment for providing the crucial vote that
kept then Assembly Speaker Willie Brown in power after Republicans
narrowly won control of the Assembly in the November 1994 elections.
Republican Gary Miller replaced Horcher.
* In November 1995, Republican Assemblymember Doris Allen, who
represented the 67th Assembly District, was recalled by voters in her
district after she defied the Assembly Republican Caucus and, with
Assembly Democratic votes, succeeded Willie Brown in June 1995,
becoming the first female Assembly Speaker. She stepped down less than
four months later in September after she faced a recall launched
against her by Assembly Republicans. She was replaced by
Republican Scott Baugh.
URGENT:
CONTRIBUTIONS NEEDED!
Advocacy
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Traumatic Brain & other injuries, People with MS & other
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Rights & Unified Action.
This report - and the
CDCAN townhall telemeetings, and other events and projects are for all
of them and for promoting advocacy without borders toward unified
action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com
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