He’ll Be on Ballot as ‘White House Counsel’ : Cox Loses Bid to Use ‘Reagan’ in Job Title

An Orange County Superior Court judge dealt a blow Friday to the political strategy of congressional candidate C. Christopher Cox, denying the Newport Beach attorney’s petition to have the word “Reagan” printed on the June ballot as part of his official job description.

Cox, one of 13 candidates seeking the Republican nomination in the 40th Congressional District, formerly worked at the White House, and had proposed several possible ballot titles for himself that included the name of President Reagan.

All were rejected by Secretary of State March Fong Eu, who held that someone else’s name could not be part of a candidate’s profession. Additionally, the state Elections Code limits all but elected officials to three words in describing their occupations.

Cox, who has built his campaign largely on the fact that he served on Reagan’s staff for two years, sued, claiming that the job he held was equivalent in some respects to those of constitutional officeholders and that the persona of Reagan was essential to his occupation at the White House.

But Superior Court Judge William F. McDonald not only denied Cox’s petition, he further defined Cox’s role in the federal government as that of “an employee, not an officeholder.”

The candidate has sought to impress voters with the importance of his White House job by prominently displaying in his campaign literature photographs of Warren Burger, former chief justice of the United States, administering his oath of office.

Cox had sought to have himself described as “senior associate counsel to President Reagan,” or, if that phrase was rejected because of the three-word limit, “senior Reagan counsel.”

However, when asked during his testimony to describe his White House duties, Cox was only able to provide two examples: He was responsible for determining which meetings of advisory committees had to be open to the public under the Freedom of Information Act, and he oversaw use of the presidential seal.

These ministerial functions, the judge decided, meant that Cox held “a highly prestigious, highly important position. But it is not an office.”

Thus, McDonald found, Cox had no standing to sue as an “officeholder.”

The decision pleased state Deputy Atty. Gen. Christopher C. Foley, who represented Eu.

“Our basic position was that (Cox) did not hold an office within the meaning of the Elections Code. Judge McDonald went a little bit further and said he didn’t hold an office at all.”

Cox said he was surprised by the judge’s reasoning, adding, “we can’t get perfection.”

The candidate said, though, that he had received a fair hearing and would not appeal. Cox will appear on the ballot as “White House counsel,” a title accepted by Eu.

The printer’s deadline for the June ballot is today.

In the conservative 40th District, where the congressional seat is being vacated by retiring Rep. Robert E. Badham (R-Newport Beach), affiliation with the popular President is considered a boon, and candidates have been quick to proclaim their adherence to Reagan’s views.

Reagan, however, has declined to endorse any of the candidates.

In addition to Cox, leading candidates for the GOP primary include Irvine City Councilman C. David Baker and Newport Beach businessman Nathan Rosenberg.