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Shadowy Figures and Deception Surround Republican Attempt to Change How Californians Award Electoral College Votes in Presidential Elections
New Yorker Article Suggests the National Presidential General Election Could be Determined in a June Primary Here in California

By Frank D. Russo
There have been a spate of articles in recent days about a Republican backed plan to make California’s electoral votes go to the winners of the Presidential race in each of California’s 53 Congressional Districts rather than to the winner of the state popular vote. The New Yorker has an extensive article in today’s edition entitled “Votesscam”, as does the Los Angeles Times “GOP Eyes California’s Electoral Pie.” The Sacramento Bee reported on it Friday. There’s also a bit more background in a blog article by Julia Rosen.
And for good reason: The timing is awfully suspicious: To get this stealth initiative on the June primary ballot where the turnout will be light (unless the voters get riled up as they did in the 2005 special election.) The move is aimed at California and not nationwide—because California is expected to be a “blue” state—and it will apply to the 2008 election—just in time to hand over electoral votes the size of the state of Ohio to the Republican candidate who would not otherwise receive them.
Who is behind this? All the articles ask that question. Here is what we know.
The initiative was filed with the California Attorney General for Title and Summary in a letter signed by Thomas Hiltachk. He signed the affidavit required in California Elections Code Section 9608 as the proponent.
The letterhead of the document filed with the Attorney General has the address of Hiltachk’s law office with the organizational title “Californians for Equal Representation.” A nice sounding name, but as articles have pointed out, there is no such group, leading many to call it an “astroturf” organization, a term used by detractors to distinguish it from a “grassroots” effort welling up from the citizenry.
Read these articles and you’ll find out that the law firm that Hiltachk is a named partner in is, low and behold, the firm that represents the California Republican Party (partner Charles Bell is the General Counsel to the CRP) and has been involved in many well financed and deceptive ballot measures, the recall election that brought us Arnold Schwarzenegger (a former client of theirs), and other Republican ventures.
We reported last year on the firm’s involvement with the Swiftboaters, aka the Economic Freedom Fund, when they relocated in Sacramento. This is the same group that savaged decorated Vietnam War Veteran John Kerry during the last Presidential election. They moved here to continue running anti Democratic ads in key Congressional races as independent expenditures.
The firm also filed the unsuccessful lawsuit to have Jerry Brown’s election as Attorney General thrown out as we also reported. We described that action then in words that ominously fit the current effort: “This fits in with the worst fear that many have about the Republican party-- that they are willing to subvert the legal process for political gain - Florida, Orange County letters with legal threats to Latino voters, now a frivolous lawsuit. Since Republicans can't win at the ballot box they are resorting to illegitimate legal means.”
Just who is behind this? Publicly at least for the moment, Republicans don’t seem to want any ownership of this initiative. The Bee has this interesting passage in their article: “California Republican Party Chairman Ron Nehring said Thursday his group has no connection to the Electoral College proposal. A spokesman for the Republican National Committee, Dan Ronayne, also said his organization was not involved."
They then go on: "And Schwarzenegger communications director Adam Mendelsohn said the governor is "absolutely" not connected to the initiative. The governor replaced Hiltachk, his longtime campaign counsel, in May as part of a "reorganization effort," according to campaign spokeswoman Julie Soderlund.”
According to the Bee, all the Governor would say is: "I haven't looked at this, but I'm interested to learn more about it."
The Los Angeles Times provides another clue, but not much, as to who is backing this effort, with this quote: "We've hit the mother lode of political interest," said Republican consultant Kevin Eckery, part of the group pushing the Presidential Election Reform Act initiative.”
Who is Kevin Eckery? The head of Eckery Associates, a public relations firm with a very non revealing website that simply lists him as President of the organization and describes it opaquely as: “A full-service strategic communications, crisis management and public affairs firm dedicated to serving client needs in California and around the world.” Aside from the address on Sacramento’s K Street not far from Hiltachk’s office and phone number, we are invited to “Come back and see our website when it's up and running!”
Eckery, of all things, criticized the initiative process as a representative of the Timber Association of California and is mentioned in a book “Green Backlash: The History and Politics of the Environmental Opposition in the U.S.” As former Republican Governor Pete Wilson’s press contact, he is listed in the release announcing the recall election date for then California Senate President pro Tem David Roberti. He’s also quoted in a February article in the Washington Post while attending a speech given by Republican Presidential candidate Rudolph Giuliani as saying nice things about him: “Giuliani's speech "hit the right tone and the right messages," said Kevin C. Eckery, a Sacramento-based Republican political consultant. "He managed to be true to himself and connect with an audience that is more conservative than he is. It shows he can do it."
My bet is if you ask the Giuliani campaign, they will also disown this effort.
Notwithstanding the lack of many in the Republican establishment in admitting involvement with this, it is expected that the measure will draw national funding from Republican sources because California’s electoral votes (55) are the largest bloc in the country and move that 20% of the needed to win the election.
Who’s behind this? We’ll have to watch the money. In the meanwhile, don’t sign and petitions to place this on the ballot—and get ready to vote early and often—and in June and November.
The party that cannot win fairly at the ballot box is at it again—as a wolf in sheep’s clothing.
Comments
The lack of analytic insight in this article is breathtaking. Naturally, the Republicans are trying to change the rules of the game in California and leave them the same in other states--they are, after all, Republicans and believe in a classist, hierarchical society.
But what Russo doesn't mention (maybe because it would offend his friends at the Capitol) is that the Republicans are also trying to do this with redistricting, where once again, the "reform" would be restricted to California and not other states.
California redistricting "reform" should not go into effect until 8 out of the 10 largest states also agree to a "reform"--only in California in these states was redistricting
in the hands of the Democrats and this is the only state where there is any effort to change the process. Why do Democrats want to commit suicide? Or more precisely, why does the Democratic leadership want to turn its back on the coalition which put them there?
Posted by: publius at August 6, 2007 08:04 AM
I agree about redistricting reform and also think that Mr. Russo is being unfair to Republicans in the original post. My party unfortunately started this by getting greedy in North Carolina where at least the Governor has had the good sense not to sign a measure which would have divided the "Tar Heel" states electoral votes by congressional district and Republicans in other states (not just California) have made noises about picking up on the idea in kind of an electoral arms race with the advantage going to Republicans because there are more electoral votes at stake in places where ballot measures could qualify that usually vote for Democrats and of course Republicans have more money to spend and can bleed Democrats of their needed dollars.
But there are bigger issues that hopefully will stop this idea from being pursued by either party. Those with a knowledge of history realize that throughout history, the destruction of democracy has always started with elites gaming the system to gain partisan advantage and the electorate deciding that their chosen officials had not won fairly and I would like to think that knowledge will stop the hyperpartisans on both sides from promoting these types of ideas.
Posted by: Tom Kaptain at August 6, 2007 09:49 AM
I shouldn't be getting my California political news from the New Yorker, but that's what happens when you are away most of the summer.
One wrinkle that Hertzberg missed is that CA Congressional districts are a product of a 2000 gerrymander that was essentially an incumbent protection plan. Rather than go for broke (or a couple more seats) the dominant Dems agree to cement the status quo division of seats. This would exaggerate the advantage to the Republicans of this initiative as the Rep districts are not very contestable.
Seems you've stirred the Republican apologists with this one, Mr. Russo. :-)
Posted by: janinsanfran at August 6, 2007 10:45 AM
In response to the first two posts, I am not in favor of unilateral California Congressional redistricting, despite what some of my friends (whoever they are) favor. So, I agree with you, Publius, with the exception that the article lack analysis. I simply want to alert those of what the game is that is going on here and how it may have major ramifications. In addition to referencing the articles on this, and without repeating too much of what they have to say and their analysis, it struck me as curious that the usual suspects were denying involvement in this nefarious scheme.
Tom, I don't know how I am being at all unfair to the Republicans. They've thought about doing this before. This is blatantly partisan, and I don't support what was done in North Carolina. Just so the record is straight in this regard, I support the National Popular Vote plan for a compact amongst the states to award their electoral votes to the winner of the national popular vote. I do so because I believe in democracy with a small "d"--and I agree that the system should not be gamed and elections played on an even field. In a close election, it may favor one party or the other, but I think it's only fair.
Posted by: Frank D. Russo at August 6, 2007 11:07 AM
The good news about this initiative is that it is blatantly unconstitutional-- elector choice is vested in the state legislature (Article II, Section 1.2)
The bad news is the ridiculous amount of consideration this horrible idea is getting. It's blatantly unfair for the Republicans to demand that the big Blue state has to apportion out its electoral votes, but not the big Red ones. It's outrageously inequitable, let alone transparent.
And I'm not one of those people who thinks that gerrymandering California's congressional districts to help Republicans-- all in the name of "fairness"-- is a legitimate goal. To require a "balance" in districts, as the L.A. Times keeps harping about, will result in ridiculously shaped boundaries. And that's OK?
Posted by: Jim Carlile at August 6, 2007 11:07 PM
Once again we see the repugnants playing "GOD", do as I say not as I do!! What a load of horse pucky!!! Tell them to forget it, we aren't going to play by the east coast rules of class war. I'm a 5th generation Californian and these east coast transplants can just take thier crooked DC politics and go home with it.
We do things OUR Way on the LEFT COAST.
Posted by: Dave in NorCal at August 7, 2007 01:07 PM
What they can't take, they steal.
Posted by: Kory McFarland at August 12, 2007 11:52 AM
This is nothing but a way to rig an election....I don't see Ohio, Florida, Texas, Missouri, etc. splitting their votes....
This initiative is so blatant & partisan that I can't believe that it could even be taken seriously....
Republicans sure fit the adage that "power corrupts, & absolutely power corrupts absolutely"..
Republicans are afraid of losing that power in 2008, & are trying to RIG California to hold onto that power....
Posted by: Rich at August 26, 2007 07:27 AM
You're all crying wolf way too early on this initiative. Republicans and Democrats alike try to sway elections all the time. That's their business. So it's no surprise that Republicans want to make the presidential elections meaningful in California, and why not? Because of the winner-take-all vote, California has become pretty irrelevant on the national ticket for the GOP. With the current jerrymandering setup in California, virtually all incumbents are guaranteed re-election --- that's the real scandal in California. Only the entrenched can win, unless they turn their GOP or Democrat-flavored seat over to another member of their own party.
If this initiative passed, and I doubt it will, presidential candidates would spend more time here in order to get some of our electoral votes. The way it is now, the Democrats get every single presidential electoral vote no matter what the GOP does. All the GOP appears to be doing here is get its allocation of electoral votes based upon the popular vote. A pretty fair goal, even if others (the entrenched) cry foul.
Posted by: Jeff Weir at September 10, 2007 02:08 PM
Thank God this cancer of an initiative is dead in the water -- for now. Seems Republicants just can't tolerate legitimate elections. They gerrymander districts, halt ballot recounts, initiate recalls, and pull out every other obscure tactic to manipulate the voting process. The argument above -- "All the GOP appears to be doing here is get [sic] its allocation of electoral votes based upon the popular vote" -- is total horseflop. The timing of this initiative, not to mention the big-money Giuliani backers who were bankrolling this travesty, makes the motive all too clear.
The Gilded Age is back with a vengeance; corporations are calling most of the shots, and only freedom-loving Americans can put a stop to the insanity.
Posted by: Turner at January 4, 2008 03:08 AM
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