Cuomo Supporters Face Big Hurdles in Quest to Put His Name on Ballot

A Topanga Canyon lawyer is spearheading a statewide campaign to draft New York Gov. Mario Cuomo for president in an attempt to place Cuomo’s name on the California Democratic primary ballot. Cuomo has insisted that he is not in the race for the nomination.

Attorney Steven G. Polard says he and a group of like-minded Democrats plan to collect enough signatures to put Cuomo on the June 7 primary ballot. But, unless Cuomo reverses himself and enters the race, having his name on the ballot will also require filing and winning a lawsuit.

The courts would have to uphold Polard’s contention--disputed by state election officials--that a candidate’s name can be placed on the ballot without his permission.

‘A Duty Question’

“He’s the only Democratic figure on the national scene who seems to exhibit a sense of vision and also an ability to get people excited,” Polard said of Cuomo. “We have a duty question here, not an ambition question. . . .

“We’re convinced by the time the California primary comes around the Democratic field will still not have a clear leader. If Gov. Cuomo’s name is on the ballot, I think we’ll win the primary.”

The alternative, Polard said, is that the party “commits political suicide” by nominating one of its seven declared candidates for the presidency.

Polard, 33, a political novice, said his Draft Cuomo for President Committee has attracted more than 100 volunteers statewide since he launched the shoestring campaign in late October. The group is one of four such committees nationwide registered with the Federal Election Commission. The others are in Washington, Pennsylvania and New York.

The California group, which has grown through word of mouth, media coverage and a mailing to Democratic officials, plans to wage its signature-gathering campaign at shopping centers and other public places, Polard said. Under California law, signatures must be collected between Feb. 1 and March 5.

Cuomo, who has repeatedly vowed not to run in any primaries, has not, however, ruled out a national convention draft. He disavows any association with the committees formed on his behalf.

Polard is quick to say that his effort is unauthorized. He said he has never met Cuomo, nor has he had any contact with anyone associated with Cuomo.

Not Associated With Groups

“The governor has said he’s not going to be a candidate,” Cuomo press aide Francis Sheehan said from New York. “He is in no way associated with any of these committees. Citizens should not be misled into believing that the governor has anything to do with these efforts.”

Although he is undaunted by Cuomo’s disclaimer, Polard acknowledges that he faces major hurdles.

Under state law, the Draft Cuomo Committee needs the signatures of 1% of the registered Democrats or 500 signatures--whichever is less--in each of the state’s 45 congressional districts to get on the ballot as an uncommitted slate.

“As we read the law, a delegation can go on the ballot as uncommitted” to a specific candidate, said Melissa Warren, assistant media director in the secretary of state’s office. But, she said, under current law, only the candidate can designate a delegate as running on his behalf.

Polard, who specializes in business litigation with a Century City firm, maintains that the law is ambiguous and says he is considering a court challenge.

‘Not as Meaningful’

The election officials’ interpretation of the law denies individuals who support politicians who are not declared candidates the opportunity to see them on the ballot and vote for them, Polard said. Voting for uncommitted delegates “is not as meaningful” as voting for those committed to a particular candidate, he argued.

The election law is expected to be amended by the Legislature this month, but it still will not allow a draft committee to place a candidate’s name on the ballot without his permission, said Peter D. Kelly, chairman of the California Democratic Party.

If the Democratic proposal is adopted, as expected, the ballot will list candidates’ names rather than the delegates pledged to the candidates as it did in 1984, said Janice Lavine, executive director of the state Democratic Party. Under the amended law, the Draft Cuomo Committee would simply be listed as uncommitted, indistinguishable from other unpledged groups.

If Polard decides against filing suit or is unsuccessful in the courts, he said, the draft committee will press on anyway. The committee will seek the uncommitted ballot designation, “but I don’t think we’ll have much impact,” he conceded.

‘Don’t Amount to Much’

Kelly said he was skeptical about a draft-Cuomo effort under any circumstances.

“Without the support of the candidate, these things historically don’t amount to much,” Kelly said. “People have tried it, but nobody’s ever been successful with it.”

Polard, formerly a moderate Republican, reported that his committee thus far had raised $1,300, printed 200 draft Cuomo posters and contacted Democratic officials statewide.

“It’s an uphill fight,” the attorney said. “But we think we have a chance. Sooner or later, we think the American population will catch up with us. It may be in 1992, but hopefully it will be this year.”