Tag Archives: Carole Migden

Post-Convention Thoughts

Some reflections now that I’m back home on the shores of the Monterey Bay:

– The Leno-Migden fight certainly reached a dramatic climax today, and the result was stunning. After the vote was finalized Eden James argued that it was a representation of the power of the grassroots within the party, and I think that analysis is absolutely right. Migden had pulled out all the stops and leaned on every party official she could find to get this endorsement, but the rank and file delegates overwhelmingly refused to go along. I wish I could have stuck around to interview some of these delegates and get a sense of why they voted as they did. If anyone did ask those questions, or if we have any delegates here who wish to discuss the vote, please weigh in with a comment.

– Migden’s failed endorsement is also further evidence, along with the rescinded AD-40 endorsement and the split over Prop 93 earlier in the year, to a huge divide between the party grassroots and the Sacramento leadership in particular. Senate Democrats and their staffers had worked hard over the weekend to get a Migden endorsement and the delegates would not go along with it. To their credit, Speaker Núñez and his office have been reaching out more to the netroots, and a lot of the delegates are eagerly awaiting Karen Bass’ speakership, so this divide may not be difficult to bridge. The Senate seems to have more work to do on this, and Darrell Steinberg’s ascension to the leadership might well bring some welcome change.

– Speaking of the new speaker, Karen Bass is a rising star within the party – and someone who already has a lot of support from the delegates. She got a rapturous welcome at the Progressive Caucus Friday night, and her name was on many lips all weekend long. Her endorsement of and speech for Mark Leno today right before the vote may well have played a decisive role in denying Migden the party endorsement, which would be an interesting sign of how much respect she is already being given by party members. It’s a shame that her term will be so short, but it may be a transformative two years.

– I also sense growing disapproval of the party making an endorsement in contested primaries. Nobody I talked to could remember the last time even one endorsement was pulled from the consent calendar and overturned by delegates, not to mention two – and there were a few other instances where the district endorsement caucuses overturned the pre-endorsement vote (such as in AD-80). The Progressive Caucus was exploring a motion to reduce incumbents’ advantages in the voting process, and a lot of delegates I talked to felt that the party shouldn’t be endorsing at all. Look for this issue to take a higher profile in the coming months and years.

– Overall I am left wondering whether the party convention is a good use of time and resources. Delegates seemed bored with most of the speeches and few paid attention to the party business. If endorsements were done away with, there wouldn’t have been much going on at all, aside from the caucus meetings, which were popular and well-attended. That suggests to me that the party should explore ways to use the convention to spur activism and training – to help catalyze political action.

– On a personal level it was great to hang out with the California blogosphere, whether I’d met you before, hadn’t seen you in a few years (like Dante Atkins) or met you for the first time (like Lucas). I want to give a special shout-out to the unsung but important and valuable Caliticians, such as soyinkafan and Caligirl, who were very active and engaged at the convention and helped bring some of those stories to your attention here; and to friends of Calitics such as Frank Russo and Dave Johnson. Matt Lockshin, Penny Denenberg, and Crystal Strait were all excellent hosts who helped make this first-time attendee feel welcome and supported.

Other thoughts? Share them in the comments.

[Update by Robert] I have some high speed rail specific thoughts over at my new high speed rail blog.

My Evening With Carole Migden

Last week I learned that Dianne Feinstein and Barbara Boxer was hosting a Thrusday fundraiser for Carole Migden along the Embarcadero. It was a cheap event and, though I am a Leno supporter, decided to drop a little spare change and check it out. It was a small room that was pretty packed. Betty Yee was the most prominent official there. But what struck me was that Migden knows how towork a room when her mood is on an even keel. She was even quite funny and actually had me questionning the rationale for change. Then I read the events at the State Convention and remember why. She really is Jekyle and Hyde.

What a difference a DAY makes

Perhaps not surprising, but certainly striking nonetheless, is the explosion of press and outside-the-center activity now that Bill Clinton’s arrival is near at hand.  Where once the blogger riser was empty, now there’s no room for everyone.  Leno/Migden and Blumenfield/Healey/Waldman will apparently be kicking things off this morning- presumably catching everyone while they’re half asleep and/or hungover from last night.  Frank Russo kinda stole my headline before I could write it, but it’s a good one- Migden-Leno Endorsement Fight May Overshadow Bill Clinton Speech at California Democratic Party Convention Today.  As a few of us were discussing earlier, it’ll be a story for the ages if Carole Migden manages to steal the spotlight from Bill Clinton.

…and we’re off.

[Update by Lucas] To clarify how this vote is going down, a “Yes” vote would be for the initial winner of yesterday’s endorsement (Migden and Blumenfield) while a “No” vote would mean no endorsement of anyone.

[Update by Dave] …the Hillary visibility extras are massing on the floor.  Incidentally, I heard that Phil Donahue’s movie, which screened here last night, is uncompromising on Hillary’s war vote, and during the time when she talks about it in the film she was booed.  The reaction from the audience here to the Big Dog should be interesting.

Picture 12[Update by Dave] …Christine Pelosi is talking about the party platform.  Marriage equality is in there, which is awesome, as well as the party’s commitment to a safe and orderly withdrawal from Iraq and single payer healthcare.  That’s a good platform.  And it passed without any incident.  Fantastic.

[Update by Dave] …Inola Henry on the Resolutions Committee reports that the party endorses a no vote on 98 and yes on 99 for the June election, and endorses the recall of Jeff Denham in SD-12.  That’s great, though I hope that the party will put some muscle behind the racall.  Prop. 98 would end rent control throughout the state, and it must be stopped.  Art Torres says “that’s the easiest resolutions report we’ve ever had.”

[Update by Lucas] San Francisco DA Kamala Harris is taking the stage now, speaking on behalf of Obama.  Suddenly people have energy in the room.

[Update by Dante]Debra Bowen is talking about her review of the state’s voting systems.  Meanwhile, both Robert and Brian are looking at Debra Bowen’s Facebook page.

[Update by Lucas] Video montage of the Convention just ended. Clips of Willie Brown being awesome, candidates, Pelosi, activists, on and on. Pretty cool, if with a bit of an ‘end of summer camp’ vibe.

[Update by Brian]: And we’re killing time. This has got to be the longest secretary’s report EVER.

[Update by Lucas] Well, here comes Bill. And everyone’s gettin excited. Also, I could do without ever getting shushed by Art Torres again.

Senate Democratic leadership rally around one of their own, despite record fine by FPPC

( – promoted by Robert in Monterey)

Migden-Leno-CDP-Battle.gif

By Frank D. Russo

A bitter fight for the endorsement by the California Democratic Party between incumbent State Senator Carole Migden and challenger Assemblymember Mark Leno is shaping up to be the biggest battle at the state party convention being held in San Jose.  The picture above is typical of what delegates and other other observers have seen over the last two days as they exit the convention floor.

The Democratic Senate leadership has pulled out all the stops to get Migden endorsed as dozens of Senate staffers, along with other supporters of hers, have been holding signs in meetings and the hallways urging that the party endorse her.  Unfortunately, this is one of those incumbent protection moves, where challenges to an incumbent must be fought at all costs.  Delegates appointed by Senators who would have supported Leno, the challenger, have been replaced by those loyal to Senator Migden.

Tempers flared last night at a dinner for Take Back Red California outside the convention center, and a Migden supporter grabbed a Leno supporter’s arm and blocked the doorway in an attempt to prevent her from gathering signatures needed to get a floor vote to overturn the packed endorsing caucus.  Migden suporters were out in force to prevent signature gathering by those seeking to force a vote by the full convention.

Over the flip…

It all comes to a head today when the full convention will vote on whether to ratify an earlier decision made by an endorsing caucus yesterday evening to support Migden.  That vote and debate will take place after former President Bill Clinton is scheduled to address the convention at 9:30 a.m. and San Francisco District Attorney, a supporter of Barack Obama speak.

Supporters of the move to overturn the caucus decision turned in 600 signatures of delegates, double the 300 required, despite the lengthy time it took to count the votes from the caucus.  The results were not announced until after 7 p.m. and the rules of the party required signatures be turned in by no later than 11 p.m.-a daunting task as weary delegates who had been attending the session since 9 a.m. left the convention center for food and drink in restaurants, hotels, and bars in the area.  For blocks in any direction, hastily printed petitions were being circulated.  Restaurants were crowded with delegates-without reservations my party had to go to three locations, and at each of them signature gatherers were there with clipboards.

In the endorsement caucus, Migden received 150 votes to Leno’s 115, with one lone vote for former Assemblymember Joe Nation, who is challenging her also.

Earlier this month, we reported on a David Binder poll

from February that showed Migden trailing not one, but two challengers. Binder, arguably San Francisco’s leading pollster found that Nation led Leno 27-24% on the initial ask, with Migden trailing at 17%. When pro and con statements about the candidates were read, the Leno-Nation numbers reversed, with Migden remaining at 17%. Joe Alioto Veronese, who has since dropped out and endorsed Leno was at 7 and 10%, and nearly a quarter of the electorate was undecided.

Matters have only worsened since then as Migden agreed to pay a $350,000 fine-the largest in state history-to the Fair Political Practices Commission (FPPC), a state agency since it was created in the wake of the Watergate scandal in the 1970’s.  Migden agreed that she had violated 89 provisions of the Political Reform Act.  She even filed suit against the FPPC for enforcing laws that she had supported when they were enacted, arguing that they were an unconstitutional infringement of her First Amendment rights after she was advised of legal problems spending $647,000 she had raised while in the state Assembly.

That last action of Migden’s brought a countersuit by the FPPC for $9 million in damages, which issued this statement, five days ago accusing her of a consistent and deliberate failure to follow California campaign laws:

“The Fair Political Practices Commission (FPPC), the independent state agency charged with investigating violations of campaign finance laws, today filed a counterclaim in Sacramento federal court against Sen. Carole Migden seeking more than $9 million in damages for her consistent and deliberate failure to follow California’s campaign laws.

“The commission’s filings indicated that Migden’s actions hid the true nature of her campaign accounts from state regulators, potential opponents, the media and the public generally. She failed to report a number of large transactions entirely, while reporting other large transactions which simply never occurred.

“For years, Senator Migden has been deceiving the voters of California by filing inaccurate campaign statements, fabricating the elimination of committees and concealing campaign funds,” said FPPC Chairman Ross Johnson. “The sophisticated and pervasive pattern of deception by her various controlled committees has been ongoing for more than five years.”

“Earlier this month, Migden was fined $350,000 by the commission and admitted to 89 violations of the Political Reform Act. During the months-long investigation that resulted in that record fine, the enforcement division also uncovered multiple illegal transfers of approximately $1 million of surplus campaign funds that occurred over several years and were funneled through multiple committee accounts controlled by the senator. Additionally, the investigation found the filing of untrue campaign statements and a pattern of concealment through consistent misreporting of campaign information.

“The commission maintains that nearly $1 million in Migden’s 2000 Assembly re-election committee became surplus by operation of law when she left the lower house in December of 2002 and are not legally available for her to use in her current Senate re-election campaign. The surplus funds law has been on the books for nearly 30 years; however, Migden sued the FPPC arguing she should be allowed to use $647,000 of those funds that remain.

“Nothing absolves Senator Migden from her legal requirements to accurately report all of her transactions,” Johnson concluded.

“The commission’s counterclaim and the full list of violations can be found on the FPPC website at: http://www.fppc.ca.gov/index.html?ID=507

It would be ironic if this convention on the same morning as it approves a platform supporting “clean money” and campaign contribution reform, endorses Migden.  This move could make her eligible for funding from the Democratic Party as such in the primary race, which she sorely needs in light of her problems with the state’s political watchdog agency.  Propping her up and keeping her in the race with this funding can only help the chances of the more moderate Joe Nation who is running for the seat.  This has become a two person race-and she is not one of them.

Under California Democratic Party rules, (Article 8, Section 2(d)(4)), the convention floor must first consider whether to ratify endorsing caucus decisions before voting on those that have not been challenged on the consent calendar.  The rules provide for the presentation of arguments for an against ratification.

If 50% of the convention fails to support ratification, the decision of the endorsement caucus is considered “vacated.”  A substitute candidate can be endorsed, but needs a 75% convention vote.

While a 75% vote for Leno is out of the question, it will be interesting to see if he can overturn the caucus vote stacked against him by Senators rallying around one of their own.

SD-03: Going to the floor

I do some web work for Mark Leno.


It’s not often that the 300 signatures are gathered to actually pull something off of the consent calendar, but it happens. What doesn’t happen is getting twice the number of required signatures. A few signatures over 600, in fact.

Tomorrow, Bill Clinton will be speaking to the convention, and Kamala Harris, SF’s DA, will be speaking on behalf of Obama. While I have great respect for the 42nd president of the United States, he is not known for being a timely gentleman. What time the platform, the SD-03 race, and the consent calendar will come up are pretty much all dependent upon when President Clinton shows up.

Tomorrow should be an exciting day for the San Francisco folks and the Clinton delegates. Should be fun.

UPDATE: From the comments, AD-40, Lloyd Levine’s (termed out, running for state senate) district, was also pulled from the consent calendar. Bob Blumenfield got the 60% required, but it will be going to the floor. Also competitive in that race are Laurette Healey & Stuart Waldman.

Hospitality Suites at the CDP Convention–Why Bother?

I’ve been attending the convention (my first state convention, actually), and the one thing that really struck me is how much more excitement is being paid to the Carole Migden-Mark Leno race than to the presidential election, likely a reflection of the audience.  The convention naturally attracts activists, who know about the intricacies of that senate race and Migden’s $9 million fine, especially because the convention is in San Jose, very close to Senate District 3.  Others have focused on the dynamics of the race and the hijacks at the convention, but the sheer resources that are being expended at the convention, both by Migden and Leno, and by other potential candidates for office, and I have to wonder–why bother?

As much as we may joke that politicians’ votes are for sale, does it really make sense for politicians and interests to spend thousands of dollars on “hospitality suites” as the parties are called?  I certainly enjoy the nightlife, but do they really do anything?  While it may make sense for some to host parties in order to get attention (who would know who Tom Torlakson is if he didn’t have an ice cream and apple pie social with live music?), for the higher-profile causes and politicians, especially those with Gubernatorial aspirations, does it really make sense to spend all the money on visibility and chum?  How many people are really going to be persuaded to support Lieutenant Governor John Garamendi for Governor because they got a Garamendi sign, button, poppy seeds (for planting), and an invitation to his barbeque?  Activists here know who John Garamendi is, and are (hopefully) not going to be persuaded by a picture and a Basque Barbeque.

Instead, it might make much more sense for Garamendi, Attorney General Bill Lockyer, Superintendent Jack O’Connell, Leno, and Migden to spend their campaign money on building a grassroots field organization.  Indeed, that would likely help their campaigns more by creating a grassroots base and a field organization that could mobilize to deliver a primary victory, not to mention helping elect even more Democrats.  I don’t mean to revert to a trite complaint that better campaigners defeat the people who really deserve to win–an election determines who “deserves” to be elected.  But instead of wasting their money, it might be smarter for candidates for office to spend their money more efficiently, which would help the Democratic Party in general.  It would end up benefiting them, too.

Liveblogging SD-3 Regional Endorsement Meeting

(The only live line in the room – promoted by Lucas O’Connor)

(Cross-posted on California Majority Report).

I’ll be liveblogging the SD-3 regional endorsement battle between Senator Carole Migden, Assemblymember Mark Leno, and former Assemblymember Joe Nation. Stay tuned! This should be fun, horrifying, or a fascinating drama depending on your perspective.

[Update by Lucas] Leno campaign is reporting more than 50 Leno supporter ballots are missing.  “Disenfranchisement” is running through the room.

5:41 — Sorry for the delay. I had connection issues. One of the moderators assured the crowd that “this is a fair and open process, and we will wait for all ballots to be counted.” Around 5:30 or so, Leno spoke followed by Migden. Both touted their records as one would expect. Said Leno, “Without choice, there is no accountability. Without accountability, there is no responsibility.” Meanwhile, Migden emphasized the gender imbalance in the Senate, concluding her speech with “I am a woman. I am a woman. And let me just say, I still am a woman.” Voting officially closed at 5:41, and they say results will be coming in 20 minutes or so.  

6:29 — Counting now. Attention Adam Borelli. You’re wanted in room. Currently 15-9 Migden ahead.

6:38 — Currently 46-27. About 270 in total.

6:47 — Some dispute over a vote by Migden’s folks. It would be a “fair and open process” if the moderators articulated into the microphone a little more! Seriously, I have no clue what that was about. Anyway, we’re up to 75-57. Migden still ahead.

7:05 — 128-97. Migden ahead.

7:13 — Vote is 149-115 with 2 for Nation, 2 without endorsement, 1 challenge against Leno, 1 questionable, and 2 unmarked. That leaves the unofficial but close enough for this famished soul tally at 55% Migden and 42% Leno. The next step: once the vote is finalized, Leno folks are going to try and gather enough signatures (300) of delegates to remove the endorsement from the consent calendar. If they succeed, the endorsement vote will happen during a general session with all delegates able to vote. The Leno folks have until 11 pm to gather the signatures. Obviously, the missing ballot issue earlier delayed this process a bit. I suspect this isn’t the last we’ve heard of that incident from the Leno campaign.

Day 2 quick thoughts

• I truly think that the governor’s mansion is Jerry Brown’s if he wants it.  I always aprreciate a guy who’s been marginalized and demonized by the right for so long, and just keeps going, shoving it right back in their faces.  Brown’s speech at the convention, delivered without a teleprompter, was great for red meat but also reflected an agile mind that has been right about so many issues for so long.  I like a guy who takes “Governor Moonbeam” as a compliment.  I really think that if he wants to be Governor again the seat is his.  Outside of President I don’t believe he’s ever lost a political race. (Plus I still remember that Joe Trippi ran his campaign against Bill Clinton in 1992.)

• I don’t have a connection to the Leno-Migden fight outside of what I read on Calitics and what I hear from my friends on the site.  But I have to say that, looking at it from the outside, this is the biggest waste of resources I’ve ever seen in my life.  What would happen if these hundreds of volunteers walked precincts in the district, instead of providing “visibility” while fighting for an endorsement in a high-information area that won’t ultimately matter much?  The battle is swamping the entire convention, and it’s clearly become a giant pissing contest between the Assembly and the Senate, with each side taking up for their colleague.  As you’ve read here, Migden is nuts, and I have pretty strong opinions about who should serve, and in particular the principle of the unbalanced endorsement process, where an incumbent needs a lower threshold to get the party endorsement than a challenger.  That’s ridiculous, and in fact Joye Swan of the Progressive Caucus is leading an effort for a bylaw change to address just that.  But this is a waste.

• Relevant to that, I think Bill Clinton has NO IDEA what he’s about to step into on Sunday.  The Leno-Migden thing is sucking up most of the oxygen out of this convention.  Clinton and San Francisco DA Kamala Harris are speaking for Hillary and Barack Obama tomorrow, but there’s going to be less focus on that than he’d expect.

• We are doing several interviews with Congressional and legislative candidates.  So far we had a good chat with Bill Durston, a candidate in the rapidly purpling area of CA-03.  We have interviews with Charlie Brown (CA-04), Hannah-Beth Jackson (SD-19) and Russ Warner (CA-26) later on.  We will be posting the audio as we get it in.  We also had a nice chat between bloggers and Mayor Gavin Newsom.  His effort to sue for restoration of Medi-Cal reimbursements is a very strong stand.  What I didn’t get a chance to ask him about is why he’s trying to curtail free speech when the Olympic torch relay comes to San Francisco on April 9.

Migden’s Meltdown

The buzz in San Jose is all about Carole Migden's meltdown yesterday at the CDP Convention. She was giving a speech at the Women's Caucus and became upset when she saw people handing out copies of press releases from the FPPC's recent $9 million fine against her. She began screaming and, not unlike Carole at most events, speaking loudly but incoherently. She attempted to lead the crowd in a chant (directed at Mark Leno) of “Shame on You, Shame on You!” Not exactly understanding what Mark Leno should be shameful about (he didn't break the law hundreds of times), nobody in the crowd followed her lead. So she was standing there, alone, chanting.

Visibly upset about not being able to “Lead,” Carole became even more belligerent. She pointed out a group of male and female supporters holding Mark Leno signs, and screamed “I mean, are those women or big fat men.” The crowd literally booed her off the stage using her only mantra of “Shame on you, Shame on you!!”

Now we all know that Carole often has lapses in sanity. But for her to attack people based not only on their gender, but also on their weight, is disgusting. It is an insensitive, transphobic comment that shows just how desperate Carole has become.

Migden Reduced to Spoiler Role in State Senate Race

Even more reasons that the CDP must not endorse Carole Migden.

Randy Shaw wrote this for today’s Beyond Chron.

In late February, a David Binder poll found State Senator Carole Migden badly trailing Mark Leno and Joe Nation in the race for Senate District 3. Since that time, Migden agreed to pay $350,000 in fines for state campaign law violations, filed a federal lawsuit against the FPPC challenging campaign finance limits as unconstitutional, and was sued by the FPPC for $9 million in an action that charged, among other violations, that Migden “failed to report a number of large transactions entirely, while reporting other large transactions which simply never occurred.” In political trouble before the FPPC’s actions, Migden now has no chance to win re-election. She appears to be remaining in the race solely to defeat Leno, a strategy that would put a moderate Democrat from Marin in a seat that would otherwise be held by a San Francisco progressive.

In my view, Carole Migden lost her chance for re-election when tapes were released of 911 calls from terrified fellow drivers commenting on her reckless driving down Interstate 80.  Migden blamed health problems for her conduct and agreed to stop driving, but voters were unlikely to forgive her for the peril she caused those sharing the highway with her that day.

Migden and her backers insisted she could overcome the reckless driving charge, and a few months later was back behind the wheel. The State Senator also remained defiant after agreeing to pay $350,000 in campaign finance violations, insisting that voters “don’t care” about such violations.

Migden is likely correct that voters do not care about technical violations in campaign reporting, but her record as the politician who has been most fined for FPPC violations in California history is a different matter. Migden now faces a massive $9 million lawsuit for violations so egregious as to create the impression that the longtime politician has flouted campaign finance laws with impunity.

Republicans, not progressive Democrats, are those typically complaining about campaign finance restrictions. Yet it is Migden who will ask a federal court on April 1 to strike down as unconstitutional longstanding campaign finance regulations, all so that she can spend money she raised for her Assembly campaigns on the State Senate race.

This has been a bad week for the incumbent. On Monday night, Migden failed to win the sole endorsement of the San Francisco Labor Council, as it jointly endorsed both her and Leno.

The Council’s failure to solely endorse an incumbent Democrat shows her weakness as a candidate, and that this is becoming a Leno-Nation race. Leno has the stronger progressive record, and would be the clear favorite were he not losing some progressive votes to Migden.

If Migden cared about ensuring the Senate seat is occupied by a San Francisco progressive from the queer community, she would withdraw from the race. But word from those who know Migden is that she will keep campaigning in order to prevent Leno’s victory; she not only feels personally betrayed by Leno running against her, but believes that if he had not run, she would have coasted to re-election despite her reckless driving and campaign finance violations.

There is ample precedent of weakened incumbents dropping out of races to help ensure the election of a candidate of a similar ideological bent. Republican Congressmember John Doolittle of nearby Sacramento faced controversy over campaign law violations, and it looked for some time as if Democrat Charlie Brown would easily take the seat in November 2008.

But Doolittle put his ideology ahead of personal ambition and dropped out of the race. Conservative Tom McClintock has since declared his candidacy, and Republicans are now favored to keep the seat.

New Jersey Senator Robert Torricelli faced a situation similar to Migden, in that only a few months before the November 2002 election polls showed him losing to his Republican opponent. Torricelli dropped out of the race, and his Democratic replacement won the November election and continues to serve in the U.S. Senate.

Of course, Migden’s rivalry with Leno has a personal component lacking in the above two examples. Migden sees Leno as a Judas for running against her, while his backers would argue that she betrayed her former fundraiser when she backed Harry Britt against Leno in the 2002 Assembly race.

Migden’s personal animus toward Leno explains her willingness to play the spoiler role.

And if her spoiler strategy works and Nation wins,  it will be the district’s progressive constituents who will pay the price.