CALIFORNIA ELECTIONS / SECRETARY OF STATE : Eu Wants Charges Filed Against Flores

In an unusually harsh attack on her Republican rival, Democratic Secretary of State March Fong Eu demanded Monday that the attorney general file criminal or civil charges against challenger Joan Milke Flores for missing a filing deadline for financial disclosure statements.

In letters to the state Department of Justice and the Fair Political Practices Commission, Eu’s campaign accused Flores of filing her most recent statement several days late “in a ploy obviously calculated to conceal for as long as possible” the $418,000 in contributions she collected in October.

Spokeswomen for both government agencies said they would review the request, but had no comment on the allegations.

During the three-week reporting period ending Oct. 20, Flores raised $139,000 in cash, $4,400 in other gifts and $275,000 in a loan from wealthy San Pedro businessman Tom Papadakis. Eu, by contrast, raised just $46,000--all in cash--during the same period.

Anthony L. Miller, Eu’s top deputy, said Flores’ campaign statement arrived at the secretary of state’s office in Sacramento on Monday by first-class mail. Under state law, the statement had to be hand-delivered by last Thursday or sent that day by guaranteed overnight delivery.

“This delay was particularly significant given the court’s stay of the Proposition 73 contribution limits and the public’s interest in knowing the extent to which candidates are once again relying on huge contributions from special interest groups to fund campaigns,” wrote Leo McElroy, Eu’s campaign consultant.

Flores was campaigning and was unavailable for comment, but an aide denied that the three-term Los Angeles councilwoman attempted to hide her contributions. Deputy campaign manager Dora B. Kingsley said the late filing was a mailing error and she accused Eu of overreacting.

“We put the wrong stamp on it,” Kinglsey said. “Their campaign is going down the toilet, and they are panicking.”

Flores’ ability to raise funds has become a sore point for Eu, who finds herself in the peculiar position of being outspent by a virtual unknown in her first bid for statewide office. Since the end of June, Flores has spent $775,000, while Eu, a four-term incumbent, has spent $528,000.

Eu’s inability to compete with Flores financially was clearly illustrated last week when Eu launched her television advertising campaign. The vast majority of voters will never see the commercials because Eu cannot afford to broadcast them in Southern California or in the Bay Area.

Flores, by contrast, has been airing television ads statewide for more than three weeks, spending about $440,000 on an advertising campaign that is expected to continue through Election Day. Flores borrowed $275,000 from Papadakis, who heads her campaign committee, to pay for the television spots, which she views as crucial to any hopes for an upset.

Recent polls show Flores a distant second to Eu, but the gap has been narrowing. The Los Angeles Times Poll last week showed Eu leading Flores by a 2-1 margin, compared to an almost 4-1 margin in August. Kinglsey said internal polling shows Flores trailing Eu by 10 percentage points, although she would not release data substantiating the claim.

Eu’s campaign officials denied that they are panicking, but acknowledged that they are concerned about Flores’ ability to broadcast television ads during the final week of the campaign.

“I don’t know that I would perceive any serious danger in this race,” McElroy said last week in unveiling Eu’s television ads. “But it would be silly for us to put this campaign to bed with unspent campaign money. I just don’t believe in taking chances.”

Eu began airing 30-second television commercials Wednesday on stations in Fresno, Bakersfield, Sacramento, Monterey and San Luis Obispo. The ads are expected to run through Nov. 5 at a cost of $89,000. She has also launched a $180,000 statewide radio campaign, which is intended to make up for the lack of television ads in the state’s two largest media markets.

None of the ads mention Flores, focusing instead on Eu’s distaste for negative campaigning.