Stirling Won’t Delay Move to Court to Save Election Costs

If he would postpone his resignation until November, state Sen. Larry Stirling (R-San Diego) could save county taxpayers as much as $600,000. That action would allow a race to choose his successor to be scheduled with next June’s primary instead of requiring a special election.

However, Stirling, who long has billed himself as a fiscal conservative--and has a voting record to prove it--said Thursday that, in keeping with a pledge he made to Gov. George Deukmejian, he intends to resign from the Legislature to join the San Diego Municipal Court next week. As a result, the vacancy in his 39th District will be filled in a costly special election, probably in December, with a possible runoff in February.

The timing of the election also will have political ramifications. Special elections usually draw small voter turnouts, a pattern that would probably give an edge to Republicans, who historically turn out in larger numbers than Democrats.

‘Free Shot’ at Seat

Moreover, a special election would give two of the major potential contenders for Stirling’s seat--Assemblywomen Carol Bentley (R-El Cajon) and Lucy Killea (D-San Diego)--a “free shot” in the Senate race without jeopardizing their Assembly posts. If the Senate race were consolidated with next June’s primary, the two would have to give up their Assembly seats to run for Stirling’s Senate slot.

But Stirling said in an interview Thursday that any conjecture about election costs and the timing of his move from the state Senate to the judgeship is moot, because he has no intention of agreeing to a two-month delay in his plan to step down from the Senate next Friday.

Stirling repeated that message Thursday to county Supervisor Susan Golding. Golding, as chairman of the Board of Supervisors, the body that will have to fund the election, asked Stirling to consider delaying his resignation so that the election could be consolidated with next June’s primary. The county faces severe budget constraints, and a special election will reduce the board’s already lean contingency fund.

“We’re talking about possibly saving hundreds of thousands of dollars . . . but he said he wasn’t going to do it,” said Golding, who herself has been mentioned as a contender for Stirling’s seat. “He said this is what the governor wanted him to do.”

Though sympathetic with the county’s plight, Stirling said there is the need for him to join the Municipal Court bench as quickly as possible to help relieve the logjam of cases in local courts.

“There’s a fiscal consideration for the county--I understand that,” said Stirling, whose annual salary will more than double, from $40,800 to $82,000, when he becomes a judge. “But there’s also a big backlog at the courthouse, and the governor has been criticized by the county for not filling those vacancies quickly enough. So I’m eager to get over there to help reduce that workload.”

Tom Beermann, Deukmejian’s deputy press secretary, offered a similar explanation, saying that the governor’s motive in asking Stirling to make the move quickly is “the dire need for additional judgeships” in San Diego.

Stirling’s resignation will set in motion a complex formula under which Deukmejian will schedule a special election to select his replacement. Under the most likely timetable, the primary--in which all candidates of all parties will appear on a single ballot--would be held in mid-December, county Registrar of Voters Conny McCormack said.

If no candidate receives more than 50% of the vote, a runoff between the top Republican and Democratic vote-getters, as well as those of any minor parties in the primary, would occur in mid-February, McCormack said.

Although a special primary and runoff would cost about $300,000 each, there would be no added expense if the race were put on the ballot in next June’s countywide primary, the registrar said.

Law Covering Vacancies

Normally, special elections to fill legislative vacancies are, by law, held from 112 to 119 days after the openings occur. However, the law also specifies that, if a regularly scheduled election falls within 180 days of the vacancy, the race to fill the opening can be consolidated with that election. If Stirling were to delay his resignation until at least Nov. 27, local election officials said, the election could be held in June.

Other candidates weighing the possibility of seeking Stirling’s seat include former San Diego City Councilmen Bill Cleator and Mike Gotch, El Cajon Mayor John Reber, El Cajon Councilwoman Beverly Miller, Santee Councilman Jim Bartell, El Cajon lawyer Sam Hornreich and Dianne Jacob, a member of the Jamul-Dulzura Union school board.