The recall war is continuing to deliver drama, with Senator Denham dropping a radio ad a few days ago which implicitly suggests that he shouldn’t even be eligible for recall.  As Capitol Alert recounts, “The ad…says: ‘When a public official is guilty of malfeasance or criminal conduct in office, the California Constitution provides for the right to recall.'”

But as Capitol alert and Don Perata’s spokesman both note, that’s just one reason for someone to be recalled.  CapAlert was good enough to track down the applicable portion of the law, which says: “Recall of a state officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable.”

I don’t recall any conduct by Gray Davis that was either criminal or contrary to law, but I guess that could be in the eye of the beholder. You may recall (ha!) that the petitions circulated back in 2003 said in part:

[Governor Davis’s actions were a] “gross mismanagement of California Finances by overspending taxpayers’ money, threatening public safety by cutting funds to local governments, failing to account for the exorbitant cost of the energy, and failing in general to deal with the state’s major problems until they get to the crisis stage.”

Now, Senator Denham may not personally or at least exclusively be responsible for “gross mismanagement” of anything, but last I checked, our current budget crisis (which is based on the budget that Denham’s obstinacy helped create) is cutting funds to local governments (which threatens local education if not safety), has failed to account for the exorbitant cost of energy, and rather obviously failed in general to deal with the state’s major problems before they got to the crisis stage.  So basically, the one example of a major and modern recall election fits exactly with the premise driving the Denham recall attempt.  But rather than actually defend himself, Denham has decided to to whine about being picked on.

It might be that there’s a reasonable case for Denham to make on this, but he sure isn’t making it with this “why is everybody always picking on me?” silliness.

Via Randy Bayne:

Simón Salinas has pulled papers to run in the Denham recall. He has until 5 p.m. tomorrow to turn in papers and signatures.

One Republican has also pulled papers, but there is a question about residency which may disqualify John Nevill, a Monterey County health care compliance officer.

I’m sure there will be a few stragglers on the ballot, but if Salinas is it that would significantly increase the chances of the recall, since Denham is not on that part of the ballot.  It’s an expansive district and no candidate has a power base throughout it, but between Salinas’ stronghold in the Monterey County area, and the new report that Stanislaus County has turned blue, with a 5,000-vote registration shift between 2006 and today, there is obviously a lot of movement here, and if Denham continues to whine about the process than his record, his days are numbered.

[UPDATE by Robert] Hank Shaw is reporting that Anna Caballero’s brief flirtation with a run has ended, clearing the field for Salinas.

Today’s Salinas Californian reports Anna Caballero has said she “may” enter the race to replace Jeff Denham should he be recalled:

Assemblywoman Anna Caballero, D-Salinas, said Thursday that she may jump into the race to replace Sen. Jeff Denham, R-Merced, if he is recalled by voters.

Caballero had indicated she wouldn’t enter the race, but said she’s reconsidering because of calls from Democratic activists in the San Joaquin Valley, part of the sprawling 12th Senate District.

“These are cold calls, from people that I don’t know,” she said.

It would be quite interesting to know who is making these calls. Caballero might well be a strong candidate – before taking her seat in the Assembly she was the Mayor of Salinas, and has a good organizing presence in the Salinas Valley. Of course, most of the district is over in the San Joaquin Valley – hence these calls.

Caballero’s profile is also VERY similar to the other potential candidate, former Assemblyman Simón Salinas:

Caballero joins Monterey County Supervisor Simón Salinas as a possible candidate. Salinas again said Thursday that he is considering whether to enter the contest, which will go before voters at the time of the June 3 primary.

“Frankly, it comes down to (whether) we can get enough resources to get our message out,” Salinas said. “It is such a big geographical area.”

The filing deadline for candidates in the hurry-up election is 5 p.m. Saturday.

As Randy Bayne explained yesterday, Salinas was believed to already be planning a run at Denham’s seat in the 2010 election – which, if successful, would let him stay in the seat until 2018. But if he took Denham’s place through the recall, he’d have to step down in 2014. Caballero, on the other hand, is only in her first term in the Assembly, and could presumably return there in 2014 if she chose.

Again, the filing deadline is Saturday at 5pm, and I’ll bring you updates as I get them.

[UPDATE by Dave] I just want to add right at the top so he can see it that Denham flak Kevin Spillane is a worthless hack, and his little press release he wrote about me based on a recent blog post couldn’t be more distorted and wrong.  The media is buying in to his stupid hissy fit, apparently unarmed with any institutional memory that goes back to 2003, that any recall election against a Republican is an abuse of power.  Grow some cajones, Kevin, and defend your candidate instead of inventing a boogeyman in the most hypocritical way possible.  There will be a Democratic candidate, he’ll come from the Central Valley, and he’ll be a damn sight better than the unthinking automaton rubber stamp Jeff Denham turned out to be.  If you can’t defend your candidate you’ll lose.  Period.

Lots of news today on the Denham recall, including Randy Bayne’s pessimistic view over in the recent diaries list. And here is some more: two new ads backing the recall are going to begin airing locally, paid for by the CDP. The TV ad is called “Sleeping”:

The ad copy, courtesy of FDR at the California Progress Report:

We sent Jeff Denham to Sacramento.

So how did he wind up with jet lag?

He spent thousands on travel – while the Senate was in session.

Airline tickets. Trips to Vegas. And a Sedona spa.

When he does show up, he’s sleepwalking.

Denham held up the budget, hurting our schools

Denham said he wasn’t taking raises – then secretly raised his pay by 20 percent.

The Fresno Bee called it “not quite honest.”

Don’t you deserve better?

Vote yes on the recall

A radio ad will also be aired – the copy of it, also provided by FDR, is over the flip.

The radio ad is titled “Travel”:

WOMAN: The MGM grand? Sedona?

I thought we sent Jeff Denham to Sacramento.

MAN: Wait a minute. The MGM is in Vegas.

WOMAN: Well, Denham has been racking up the frequent flier miles.

MAN: To Vegas and Sedona?

WOMAN: uh hm — to the number one “Destination Spa.” www.enchantmentresort.com

MAN: Sounds like a free vacation.

WOMAN: More like a recipe for jetlag. When Denham finally makes it to Sacramento, he’s practically sleepwalking.

MAN: What do you mean?

WOMAN: He held up the budget, hurting our schools. And remember how he said he wouldn’t take pay raises?

MAN: Oh, you don’t mean —

WOMAN: You guessed it. Denham secretly raised his pay – three times – when he thought no one was looking. The Fresno Bee called it “not quite honest.”

MAN: Well that’s an understatement.

WOMAN: And that’s why I’m voting yes on the recall. After all, don’t we deserve better?

Sure, these ads are hard-hitting, but I’m also not sure they alone will do the trick of successfully recalling Denham. Seems to me the much more necessary task is to identify him with the crippling schools cuts that so many in his district are faced with. Making him look to be a dishonest, lazy politician is but a start to the much broader framing effort that needs to happen here.

As noted yesterday in the Capitol Alert, Merced County DA Larry Morse has said he will not be a candidate to replace Denham in the June recall election. That would seem to leave Monterey County Supervisor and former member of the Assembly Simón Salinas as the most likely candidate, although he has not yet made any official statements to that effect.

Meanwhile Denham’s aggressive defense against the recall has shifted toward questioning the paid signature gatherers – charging that some were from out of state, in violation of CA law, and that most were not from SD-12 – another error. In an interesting maneuver, the Denham campaign went to the very same Larry Morse to ask for an investigation of these charges. Morse refused, but I wonder if that played a role in his decision to not run against Denham in the recall.

Hank Shaw of the Stockton Record explains more:

Regardless of whether Morse or someone else investigates the matter, it’s a little odd that the Dems would leave so many bread crumbs for the Denham folks. It appears that the majority of the petition-gatherers were not from Denham’s 12th District, as they needed to be. The Denham folks also note that other listed as paid signature-gatherers registered at non-existent addresses or hotels. Add this to the tapes of gatherers telling voters that they’re from Detroit or somesuch and it seems like there’s enough evidence to hang your hat on…

…now of course in California you cannot tape someone without their acceptance, so those tapes would be illegal, too.

Regardless of whether or not the charges have merit, this is a good strategy for Denham to delegitimize the recall in the minds of SD-12 voters.

Over the weekend the CDP resolutions committee endorsed the recall of Jeff Denham in SD-12.  The Republicans have thrown a massive hissy fit over this, similar to the hissy fit Yacht Party regulars like Sam Blakeslee have thrown, denouncing those who dare to identify his record in public.  All of a sudden we’re seeing op-eds throughout the region and across the state decrying what is routinely identified as a “Don Perata-engineered power grab.”  The latest comes from the fount of conventional wisdom in the California political media, George Skelton:

This is the time of year when the northern San Joaquin Valley is actually bucolic. Temperatures are bearable. The hills are green and the orchards are in full bloom — almonds gussied in white, peaches in pink.

Too bad that this spring there’s also a foul odor of Sacramento political pollution.

In a nutshell, the local state senator — Republican Jeff Denham of Merced — didn’t vote for the state budget last summer. That contributed to a 52-day stalemate and angered the Senate leader, Democrat Don Perata of Oakland. So Perata now is trying to recall Denham.

Not just a payback, but the political death penalty.

Funny, I don’t remember such high dudgeon back in 2003, when the recall of Gray Davis was viewed as a victory for democracy and an opportunity for the people to have their say.

Here’s what’s actually going on.  Professional hack Kevin Spillane is good at getting his propaganda into the papers.  And the media obliges without any historical perspective whatsoever.  If Republicans want to put forth a measure ending recall petitions and allowing any state officer to finish out their term, go ahead; I’d probably support it.  But they don’t.  They want to use the recall when it suits them and whine about “fairness” and “power grabs” when it doesn’t.  There could not have possibly been a bigger power grab than the Darrell Issa and Ted Costa-funded recall of Gray Davis.  Anyone in the so-called liberal media dumb enough not to understand this notion of asymmetrical warfare isn’t worth reading.

I fear that the Spillane hack-o-thon is bearing fruit in scaring off Democrats from pressing forward on this recall; there certainly wasn’t a lot of talk about it or enthusiasm at the convention, nor was there any potential challenger in sight pressing the flesh.  The Denham recall, in fact, is what the process was invented for: when legislators protect their own or their party’s interest at the expense of the people they should be held accountable.  Jeff Denham is part of an effort to stop California lawmakers from doing their jobs and eliminate, for practical purposes, the role of government in the state.  The Iron Law of Institutions dictate that “people within institutions act to increase their own power rather than the power of the institution itself.”  The only way to deal with that from the outside is use the legal tools available to exact leverage on the institution.  If it was OK for a Republican to use, so too for a Democrat.

So these media types and their hacktastic Republican spinmeisters can shut their whiny little mouths and defend their role in the shutdown of democracy in California to the voters.  Jeff Denham ought to be able to defend himself instead of crying about the “process.”

So you expect a couple of conservative bitter-enders like KFI shock jocks John and Ken to depict Italian-American Don Perata as a Mafia boss.  Slightly less expected was that the same graphic would make its way onto local news in Sacramento.  

A televised graphic depicting Senate President Pro Tem Don Perata as an apparent Mafia leader, pointing a gun skyward, has angered Italian-Americans.

Bill Cerruti, who is chairman of a state Italian-American task force and leader of the Italian-American Cultural Society, blasted the characterization today and demanded an apology.

The graphic, depicting Perata in a purple suit and white tie, was broadcast by Sacramento’s KOVR 13 – with anchor Chris Burrous – and on the website of talk-show hosts “John and Ken” of KFI radio in Los Angeles, Cerruti said.

Burrous goes on to blast Perata for suggesting the state raise taxes to help balance the state budget.

Yes, anyone who doesn’t want to see thousands of teachers fired and elderly people denied health care is most certainly a gangster.

I’m not wired for outrage, so you tell me if this slur is beyond the pale or not.  What I do know and expect is that the Denham recall will provide plenty more opportunities for the “Don” Perata slur to manifest itself, and the dead-ender anti-tax forces running his recall opposition campaign are not likely to disappoint.  Hopefully they have Perata shoot bullets from a Tommy gun into their “No on the Recall” logo!  Hey guys, pay me for that idea before you use it!

UPDATE: I’ve got a transcript:

Chris: Got a new outrage alert for you this morning, and I think you’ll enjoy this graphic, Stephanie.

Don Perata. [laughter] You know, he’s termed out. He’s going to lose his job here in a couple months and now he is calling for a major tax increase. He’s trying to make you worry that the school…

Stephanie: That’s hilarious.

Chris: Isn’t that a great one. [laughter] I can’t stand him.

Stephanie: Nice purple suit.

Chris: He’s trying to scare you in saying the schools are going to go bankrupt, and your kids are going to be in classrooms with 50 students each, if we do not increase taxes.

Chris: Watch for him to do this major tax push. He’s already got Governor Schwarzenegger considering raising money by closing tax loopholes. So watch out. If you benefit from some of those loopholes. Don “The Don” Perata and his Ram Charger already have Governor Schwarzenegger…

Stephanie: Is that what that was?

Chris: Isn’t it the Ram Charger? Or the Viper?

Stephanie: I guess. I don’t…

Chris: He’s the one. Remember, Don Perata’s the one who got carjacked over in the Bay Area…

Stephanie: Sure.

Chris: …with the 22 inch dubs or something like that on his car.

Stephanie: Mmm hmm.

Chris: I don’t know what they call it, but I thought that was a great graphic. That’s from radio station KFI. That is Don Perata.

Stephanie: Very nice.

Chris: That’s his reputation. The valour suit is a nice touch.

Stephanie: Yes, and a shade of purple or violet, whatever you call it. It is a nice touch as well.

Chris: Nice. Gotta watch out. This guy wants to raise your taxes. That’s the thing. He’s out of office in a couple more months. Why don’t you just lay low? Take a couple lunches? Write a book like Willie Brown or something? But instead, he’s going to try and stick it to us one last time before he gets out of a job.

I didn’t know the CBS morning news was drive-time community college talk radio.

This is a pretty big deal.  I really hadn’t been paying much attention to this recall possibility, but it’s come to fruition.  There have only been 8 other recall elections of sitting state legislators to qualify for the ballot in the past 90 years.  Jeff Denham becomes the ninth.

The recall attempt of Sen. Jeff Denham, R-Atwater, has gathered enough signatures to qualify for the ballot, California Secretary of State Debra Bowen announced Tuesday.

Gov. Arnold Schwarzenegger must set the recall election for a date 60 to 80 days from today, Bowen’s office reports.

Once the Governor sets the date, (it seems almost certain that he’ll pick June 3, which is 77 days away and also the day of the statewide primary) candidates can emerge.  And given Sen. Perata’s interest in this race, I think we’ll see some strong Democrats contest this seat, unlike the somewhat shameful behavior in SD-15, where apparently Abel Maldonado’s vote for last year’s budget got him a reprieve from any challenge (right now there’s no Democrat on the ballot to face Maldonado, though a write-in campaign still has time to emerge).  However, this does put the Senate in play to flip to a 2/3 majority, given this race and the race in SD-19 with Hannah-Beth Jackson versus Tony Strickland.

Like the gubernatorial recall in 2003, there will be two questions on the ballot.  The first will ask if Denham should be recalled, and the second will ask who among a list of challengers should replace him.

It seems to me that this is an excellent opportunity to message-test the major themes around the budget, revenues, and spending in advance of the nasty legislative fight and the November general election.  While I don’t expect this recall to be as exciting as Gray Davis’, or to feature Gary Coleman, to the extent that it’s a referendum on failed conservative ideology I think it could be extremely revelatory.

Robert is our resident expert in this neck of the state, I expect him to chime in.

UPDATE: Apparently, the old No on 93 team is getting back together to support Denham.  So expect them to make this about Perata and a power grab.  Whatever they choose, this will be extremely costly to the CRP at a time when they don’t have the money.  And they have to be extremely nervous about this stat:

The recall campaign, funded by the Democratic Party and a campaign committee linked to Senate President Pro Tem Don Perata, D-Oakland, turned in more than 61,000 signatures last month, nearly double the 31,084 need to qualify.

I would guess that 61,000 voters would be more than enough to dump Denham in June.