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Timely Victory for Ferguson : Politics: Assemblyman qualifies for special state Senate primary. Election officials rule that he moved into the new district with one day to spare.

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TIMES POLITICAL WRITER

State election officials cleared the way Tuesday for Assemblyman Gil Ferguson to run for a coveted state Senate seat in a special election that was set for Feb. 6.

Striking a compromise between warring Republican candidates, Gov. George Deukmejian on Tuesday set the February date for the primary election and set April 10 for the general election to replace state Sen. William Campbell who resigned Friday.

Ferguson was assured a spot in the primary on Tuesday when election officials ruled that he had narrowly met a 30-day residency requirement when he moved to Laguna Beach last month to be eligible to run.

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The announcement sets the stage for a brief and intense seven-week GOP primary battle among Ferguson (R-Newport Beach), Assemblyman Frank Hill (R-Whittier) and Brea Councilman Ron Isles in a sprawling, strongly Republican district that runs from Laguna Beach north into southern Los Angeles County.

The short period could favor Assembly members Hill and Ferguson because they are already known to the greatest number of voters. But Brea Councilman Isles said he is prepared to spend $500,000 of his own money on the campaign, which could give him a financial advantage in a short race.

Ferguson said Tuesday that he is happy he will be able to run for the seat, but he still charged that the quick election put him at a disadvantage and that it was evidence that Hill’s Sacramento colleagues are meddling in the process.

“This means the voters will only have about 30 days to learn about the candidates,” Ferguson said in a statement. “I am the best qualified candidate and am determined to win this race. No amount of back-room maneuvering or setting of election dates can stop our huge volunteer army.”

Hill did not return repeated telephone calls to his office Monday or Tuesday. But Sal Russo, campaign manager for Hill, said his candidate’s name is the most prominent in the field and, therefore, he should be helped. “Think of it practically,” he said. “Would Hill have been for an early election if he didn’t think it would help?”

The 31st State Senate seat officially became vacant Friday when Campbell, a 20-year legislative veteran, resigned to become president of the California Manufacturers Assn. In addition to the Republicans, at least one Democrat, El Toro attorney Thomas M. Whaling, has also announced his candidacy.

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Deukmejian announced the election dates Tuesday evening after returning from the scene of a fatal train crash in Stockton. Tom Beerman, a spokesman for the governor, said Deukmejian wanted to schedule the general election for April 10 because it coincides with several local elections in the district and would therefore save money for the county governments.

Deukmejian and state Republican leaders were also concerned about clearing up the questions surrounding Campbell’s seat and the two Assembly seats before the election in June.

If the special election were held later, it could force Ferguson and Hill to file both for reelection to the Assembly and election to the Senate seat. Republican leaders feared that if that happened, a Democrat might be elected in the confusion.

The residency requirement for Ferguson came into play when he was forced to move into the 31st State Senate District in order to run. His Assembly district overlaps Campbell’s Senate district, but Ferguson has lived for several years in Corona del Mar, outside the Senate district.

On Dec. 1, Ferguson registered as a voter at his new address in Laguna Beach.

But state election rules require that a candidate be a resident of the district he is seeking for 30 days before the filing deadline, which is Dec. 26 under the schedule called for by Deukmejian on Tuesday. As a result, Ferguson would have to have been a resident of the district by Nov. 26.

After negotiations with Ferguson Tuesday morning, the secretary of state’s office said he had provided adequate evidence that he was actually a resident of Laguna Beach by Nov. 25. Therefore he would meet the residency requirement on Dec. 25, one day before the filing deadline.

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Karen Daniels-Meade, chief of the election division in the secretary of state’s office, said Ferguson’s evidence of residency was that he applied to rent an apartment in Laguna Beach on Nov. 25.

As a result of researching the residency issue for Ferguson, the secretary of state’s office also decided Tuesday that it will eliminate the 30-day residency requirement for future candidates.

In a letter to Ferguson, chief deputy secretary Anthony L. Miller said the 30-day requirement was based on a 1980 interpretation of several court rulings on the issue. In the future, he wrote, a candidate will only have to be a “registered voter and otherwise qualified to vote for that office” when filing for the race.

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