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California Recall Goes Before Judge
Aired August 18, 2003 - 15:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JOHN KING, CNN ANCHOR: The biggest political show in California moves today from the center ring back to court. A federal judge is set to hear the latest bid to delay a recall election scheduled, as of now, to take place in just 51 days.
CNN's Bob Franken is tracking all of this. He joins us now live from Los Angeles -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And, John, the issue, remember the old punch card machines that created the term hanging chads for us in Florida? Well, they still use them in six counties in California, Los Angeles County being one of them.
So the ACLU has filed a suit in which they say the machines would -- quote -- "disenfranchise not less than tens of thousand California voters in those six counties." Now, the problem, according to the ACLU, is that, by not replacing these punch card machines, they're going against a judge's order, the judge who is hearing this, which said they would be replaced by the next election.
You'll recall that the next election was going to be held in March, the presidential primary. But now, of course, it's moved up to October 7. So the ACLU is seeking a temporary restraining order, saying the election has to be delayed until March so these machines can be replaced, going on further by saying, use of these obsolete punch card machines will disproportionately disadvantage African- American, Latino and Asian-American voters, who primarily reside in the six counties that use the machines.
Legal experts say, this is anything but a frivolous lawsuit. This is a pretty strong argument that's going to be made. The state, of course, saying that it has the situation in hand, although we've also heard the same state officials saying that they're quite concerned that they're going to have real trouble pulling off this election, which, as you pointed it out, is just 51 days away -- John.
KING: Anything but frivolous, Bob, you say, is what the experts are saying. There are other challenges, of course, to the recall date. What makes this one different?
FRANKEN: Well, this one, because it is based on a constitutional claim and because it is based on concerns about whether, in fact, they will be disenfranchising so many voters, tens of thousands, as they pointed out.
These six counties encompassed 44 percent of all the voters in the year 2000 election in California. The other ones have to do with the Voting Rights Act, the other major case in federal court in Monterey. That one is, is that the state needs in four counties to get special permission from the U.S. attorney general's office, the Justice Department, before it can proceed with changes. They have two weeks to do that one.
So now the focus is on the one here and the constitutional claims which could disrupt the schedule -- John.
KING: Bob Franken live in Los Angeles, who will be keeping track of that hearing later today -- thank you, Bob.
The candidates, of course, have to assume the election will be held in 51 days. And they're beginning now to take to the airwaves. The first commercial of the campaign to replaced Governor Gray Davis is up on the radio. In that spot, conservative Republican Bill Simon accuses leading GOP candidate Arnold Schwarzenegger of being a liberal on taxes.
(BEGIN AUDIO CLIP, AD)
BILL SIMON (R), CALIFORNIA GUBERNATORIAL CANDIDATE: I'm Bill Simon.
Gray Davis tripled our car taxes. And now Arnold Schwarzenegger's team wants to triple our property taxes, which just goes to show you, don't send a liberal to do a tax fighter's job.
(END VIDEO CLIP)
KING: Schwarzenegger's camp accused Simon of distorting their candidate's views. The ad comes after the actor's top economic adviser, Warren Buffett, suggested that California's property taxes are too low.
The latest poll from California helps explain why Simon feels the need to take aim at Schwarzenegger. The Field Poll of likely voters suggests it's now a two-man race to replace Governor Gray Davis between Democratic Lieutenant Governor Cruz Bustamante and Schwarzenegger. Bustamante gets 25 percent, Schwarzenegger 22 percent. Republicans Tom McClintock and Bill Simon come in a distant third and fourth place.
Another Republican, Peter Ueberroth, scores even lower in that survey as he prepares to officially kick off his campaign for governor tomorrow.
Meantime, Lieutenant Governor Bustamante is in a feud with the Davis camp. Bustamante charged yesterday that Davis aides are trying to sabotage his campaign to be the Democratic fallback if voters choose to recall Governor Davis.
Let's talk more about the race now with the top strategist for Bill Simon's campaign. Wayne Johnson joins us live from Sacramento.
Thank you, sir, for being with us. Let's address the first challenge today, this federal court case. Would you like more time, or do you want this race to go forward in 51 days?
WAYNE JOHNSON, CHIEF STRATEGIST FOR BILL SIMON: Well, I think we're assuming that it's going to go forward in 51 days. If it's a little longer than that, we're prepared to deal with that.
But every court challenge thus far has been defeated. And I think that the betting is that this one will be also.
KING: You are well aware, of course, of this Field Poll that came out in recent days. Let's take a look at some of the numbers.
In the horse race, you have Lieutenant Governor Bustamante and Arnold Schwarzenegger in the 20s, Tom McClintock, like your candidate, a conservative, at 9 percent, Bill Simon, the nominee last time for the Republicans, at 8 percent. You have to be a little bit worried about that, sir.
JOHNSON: Not at all. We only -- that poll went in the field, I think, Sunday, the day after we got into the race. And so the race was really only a week old.
The Schwarzenegger camp had been talking about polls where their guy was at 50 percent and so forth. So, actually, this is a pretty huge drop, as the media bubble is sort of bursting on Schwarzenegger. And, frankly, since that poll came out, he's had a very bad week.
KING: Well, let's follow on that point.
Some Republicans, especially conservatives, say, yes, this poll is proof that Arnold Schwarzenegger is vulnerable. They see Bill Simon at 8 percent, Tom McClintock at 9 percent. And they say, let's get one of those conservatives out of the field. Some also look at another finding in the Field Poll. Bill Simon did run for governor last time. Asked their opinion of Bill Simon, 32 percent of California voters have a favorable opinion, 54 percent an unfavorable opinion.
Some conservatives say, maybe if Bill Simon dropped out, Tom McClintock could take Arnold Schwarzenegger.
JOHNSON: Well, I think that, again, the race is one-week old. And the issue that is dominating the race here in California is, who's going to be a real Republican?
Bill Simon has said: I'm not going to raise taxes. Arnold Schwarzenegger has refused to -- thus far -- to take that pledge. And I think that's what concerns California voters.
KING: Are you getting pressure from conservatives or Republicans, the White House or anyone, to clear the field? Is there any such pressure out there?
JOHNSON: No, not at all, no. I think everybody understands the race has just begun and that the tradition in California politics and American in politics is, we have an election after we have a campaign. And the campaign has just started.
KING: The tradition in California politics also is, campaigns are very expensive, sir. You have this radio ad up and running. When do we see Mr. Simon up with TV ads? And how much do you suspect you're going to have to raise and spend?
JOHNSON: Well, I think that the budgets are going to be California-size budgets at the end of the day.
At our campaign, we don't discuss what we consider to be strategic information, which is where we run -- when we run ads and how much we spend.
KING: And you saw the statement from the Schwarzenegger camp. They say he stands by Proposition 13, that Warren Buffett may say property taxes are too low, but the candidate himself does not share that opinion. Are you done asking that question, or do you think he has more explaining?
JOHNSON: Oh, I think he has got a lot of explaining to do.
The Buffett statement to "The Wall Street Journal" was a trial balloon by the Schwarzenegger campaign. Warren Buffett -- markets go up and down on every word this man says. He doesn't give a frivolous or an accidental interview to "The Wall Street Journal." This was an attempt to float an idea, to see whether or not California homeowners were going to be up in arms at the idea that somebody wants to triple their property taxes.
And here in California, Prop 13 and property taxes are fighting words. And we're certainly going to be on the side of the homeowners.
KING: And how do you answer the other conservatives who say Bill Simon had his chance and he failed? He could not beat Gray Davis at a time the governor was quite unpopular.
JOHNSON: Well, I think, if you go back two weeks before the entry of Schwarzenegger into the race, or a week before, the consensus Republican candidate for the Republican base was Bill Simon by a very large margin.
And the media bubble moved a lot of folks into the Schwarzenegger camp. And, as they begin to look at where he stands on issues and as he is more forthcoming, or forthcoming at all, I think that those votes are going to come home to Bill Simon.
KING: Wayne Johnson, chief strategist for the Simon campaign, thank you for joining us live from Sacramento.
JOHNSON: Thanks.
KING: And we hope, presuming it's 51 more days, you'll come back and see us again.
JOHNSON: Absolutely.
KING: Thank you, sir.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired August 18, 2003 - 15:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JOHN KING, CNN ANCHOR: The biggest political show in California moves today from the center ring back to court. A federal judge is set to hear the latest bid to delay a recall election scheduled, as of now, to take place in just 51 days.
CNN's Bob Franken is tracking all of this. He joins us now live from Los Angeles -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: And, John, the issue, remember the old punch card machines that created the term hanging chads for us in Florida? Well, they still use them in six counties in California, Los Angeles County being one of them.
So the ACLU has filed a suit in which they say the machines would -- quote -- "disenfranchise not less than tens of thousand California voters in those six counties." Now, the problem, according to the ACLU, is that, by not replacing these punch card machines, they're going against a judge's order, the judge who is hearing this, which said they would be replaced by the next election.
You'll recall that the next election was going to be held in March, the presidential primary. But now, of course, it's moved up to October 7. So the ACLU is seeking a temporary restraining order, saying the election has to be delayed until March so these machines can be replaced, going on further by saying, use of these obsolete punch card machines will disproportionately disadvantage African- American, Latino and Asian-American voters, who primarily reside in the six counties that use the machines.
Legal experts say, this is anything but a frivolous lawsuit. This is a pretty strong argument that's going to be made. The state, of course, saying that it has the situation in hand, although we've also heard the same state officials saying that they're quite concerned that they're going to have real trouble pulling off this election, which, as you pointed it out, is just 51 days away -- John.
KING: Anything but frivolous, Bob, you say, is what the experts are saying. There are other challenges, of course, to the recall date. What makes this one different?
FRANKEN: Well, this one, because it is based on a constitutional claim and because it is based on concerns about whether, in fact, they will be disenfranchising so many voters, tens of thousands, as they pointed out.
These six counties encompassed 44 percent of all the voters in the year 2000 election in California. The other ones have to do with the Voting Rights Act, the other major case in federal court in Monterey. That one is, is that the state needs in four counties to get special permission from the U.S. attorney general's office, the Justice Department, before it can proceed with changes. They have two weeks to do that one.
So now the focus is on the one here and the constitutional claims which could disrupt the schedule -- John.
KING: Bob Franken live in Los Angeles, who will be keeping track of that hearing later today -- thank you, Bob.
The candidates, of course, have to assume the election will be held in 51 days. And they're beginning now to take to the airwaves. The first commercial of the campaign to replaced Governor Gray Davis is up on the radio. In that spot, conservative Republican Bill Simon accuses leading GOP candidate Arnold Schwarzenegger of being a liberal on taxes.
(BEGIN AUDIO CLIP, AD)
BILL SIMON (R), CALIFORNIA GUBERNATORIAL CANDIDATE: I'm Bill Simon.
Gray Davis tripled our car taxes. And now Arnold Schwarzenegger's team wants to triple our property taxes, which just goes to show you, don't send a liberal to do a tax fighter's job.
(END VIDEO CLIP)
KING: Schwarzenegger's camp accused Simon of distorting their candidate's views. The ad comes after the actor's top economic adviser, Warren Buffett, suggested that California's property taxes are too low.
The latest poll from California helps explain why Simon feels the need to take aim at Schwarzenegger. The Field Poll of likely voters suggests it's now a two-man race to replace Governor Gray Davis between Democratic Lieutenant Governor Cruz Bustamante and Schwarzenegger. Bustamante gets 25 percent, Schwarzenegger 22 percent. Republicans Tom McClintock and Bill Simon come in a distant third and fourth place.
Another Republican, Peter Ueberroth, scores even lower in that survey as he prepares to officially kick off his campaign for governor tomorrow.
Meantime, Lieutenant Governor Bustamante is in a feud with the Davis camp. Bustamante charged yesterday that Davis aides are trying to sabotage his campaign to be the Democratic fallback if voters choose to recall Governor Davis.
Let's talk more about the race now with the top strategist for Bill Simon's campaign. Wayne Johnson joins us live from Sacramento.
Thank you, sir, for being with us. Let's address the first challenge today, this federal court case. Would you like more time, or do you want this race to go forward in 51 days?
WAYNE JOHNSON, CHIEF STRATEGIST FOR BILL SIMON: Well, I think we're assuming that it's going to go forward in 51 days. If it's a little longer than that, we're prepared to deal with that.
But every court challenge thus far has been defeated. And I think that the betting is that this one will be also.
KING: You are well aware, of course, of this Field Poll that came out in recent days. Let's take a look at some of the numbers.
In the horse race, you have Lieutenant Governor Bustamante and Arnold Schwarzenegger in the 20s, Tom McClintock, like your candidate, a conservative, at 9 percent, Bill Simon, the nominee last time for the Republicans, at 8 percent. You have to be a little bit worried about that, sir.
JOHNSON: Not at all. We only -- that poll went in the field, I think, Sunday, the day after we got into the race. And so the race was really only a week old.
The Schwarzenegger camp had been talking about polls where their guy was at 50 percent and so forth. So, actually, this is a pretty huge drop, as the media bubble is sort of bursting on Schwarzenegger. And, frankly, since that poll came out, he's had a very bad week.
KING: Well, let's follow on that point.
Some Republicans, especially conservatives, say, yes, this poll is proof that Arnold Schwarzenegger is vulnerable. They see Bill Simon at 8 percent, Tom McClintock at 9 percent. And they say, let's get one of those conservatives out of the field. Some also look at another finding in the Field Poll. Bill Simon did run for governor last time. Asked their opinion of Bill Simon, 32 percent of California voters have a favorable opinion, 54 percent an unfavorable opinion.
Some conservatives say, maybe if Bill Simon dropped out, Tom McClintock could take Arnold Schwarzenegger.
JOHNSON: Well, I think that, again, the race is one-week old. And the issue that is dominating the race here in California is, who's going to be a real Republican?
Bill Simon has said: I'm not going to raise taxes. Arnold Schwarzenegger has refused to -- thus far -- to take that pledge. And I think that's what concerns California voters.
KING: Are you getting pressure from conservatives or Republicans, the White House or anyone, to clear the field? Is there any such pressure out there?
JOHNSON: No, not at all, no. I think everybody understands the race has just begun and that the tradition in California politics and American in politics is, we have an election after we have a campaign. And the campaign has just started.
KING: The tradition in California politics also is, campaigns are very expensive, sir. You have this radio ad up and running. When do we see Mr. Simon up with TV ads? And how much do you suspect you're going to have to raise and spend?
JOHNSON: Well, I think that the budgets are going to be California-size budgets at the end of the day.
At our campaign, we don't discuss what we consider to be strategic information, which is where we run -- when we run ads and how much we spend.
KING: And you saw the statement from the Schwarzenegger camp. They say he stands by Proposition 13, that Warren Buffett may say property taxes are too low, but the candidate himself does not share that opinion. Are you done asking that question, or do you think he has more explaining?
JOHNSON: Oh, I think he has got a lot of explaining to do.
The Buffett statement to "The Wall Street Journal" was a trial balloon by the Schwarzenegger campaign. Warren Buffett -- markets go up and down on every word this man says. He doesn't give a frivolous or an accidental interview to "The Wall Street Journal." This was an attempt to float an idea, to see whether or not California homeowners were going to be up in arms at the idea that somebody wants to triple their property taxes.
And here in California, Prop 13 and property taxes are fighting words. And we're certainly going to be on the side of the homeowners.
KING: And how do you answer the other conservatives who say Bill Simon had his chance and he failed? He could not beat Gray Davis at a time the governor was quite unpopular.
JOHNSON: Well, I think, if you go back two weeks before the entry of Schwarzenegger into the race, or a week before, the consensus Republican candidate for the Republican base was Bill Simon by a very large margin.
And the media bubble moved a lot of folks into the Schwarzenegger camp. And, as they begin to look at where he stands on issues and as he is more forthcoming, or forthcoming at all, I think that those votes are going to come home to Bill Simon.
KING: Wayne Johnson, chief strategist for the Simon campaign, thank you for joining us live from Sacramento.
JOHNSON: Thanks.
KING: And we hope, presuming it's 51 more days, you'll come back and see us again.
JOHNSON: Absolutely.
KING: Thank you, sir.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
