A ‘No’ Vote Could Bring Back Willie Brown

More often than not, Willie Brown got the last laugh during his 31 years in the California Assembly--and he’s getting a chuckle again these days.

A dozen years after California voters approved a strict term-limits initiative, forcing an end to Brown’s Assembly career in 1995, lawmakers are mounting a multimillion-dollar campaign to potentially lengthen their careers, with passage of Proposition 45 on the March 5 ballot.

The twist is that if the measure doesn’t pass, if term limits are left unchanged, the man who once dubbed himself the Ayatollah of the Assembly could end up back at the Capitol.

As it is, state senators are limited to two four-year terms. Assembly members can serve no more than three two-year terms. But backers of Proposition 45, led by Democratic lawmakers and interest groups that do business before them, are betting a political truism: Voters have disdain for the Legislature, but like their hometown lawmaker.

Proposition 45’s backers say the measure offers a modest softening of one of the nation’s strictest term-limit laws. Critics denounce it as an underhanded attempt to undermine a law that brings new blood into the Legislature.

If it passes, senators could seek a third four-year term and Assembly members could seek two more two-year terms, provided they gather petition signatures from 20% of the registered voters who cast ballots in the prior election. After accumulating enough signatures, they would face election.

So how is it that Brown could return to Sacramento in 2004?

If voters approve the initiative, Brown’s longtime friend, Senate President Pro Tem John Burton (D-San Francisco), could run for a third term in 2004.

But if it fails and Burton is forced from the Legislature, Brown, 67, whose tenure as San Francisco mayor is ending, would be the favorite to succeed him. Brown already has raised more than $500,000 for a Senate campaign.

“Voters ought to know--those who wanted term limits and whose nightmare apparently was the continuation of my 31-year career--that if they vote ‘no’ on this one, if they refuse to modify it, I’m baaaack,” Brown said, feigning an evil cackle.

The initiative’s backers include some of the strongest foes of term limits. Many donors financing the campaign spent heavily against Proposition 140, the initiative that brought about term limits a dozen years ago. But a cursory reading of the initiative could lead a voter to assume it is the brainchild of term-limit advocates.

“Term limits have reinvigorated the political process by promoting full participation and bringing a breath of fresh air to California government,” the preamble reads.

It goes on: “The people recognize that in some instances a few specially skilled and popular lawmakers have been unable to complete important legislative programs for their districts before they must leave office. In recognition of these special cases, the people of California seek an opportunity by petition to extend some specific district representatives’ terms in office by a maximum of four years.”

Term Limits Challenged in Other States

In Idaho, the Legislature repealed that state’s limits earlier this month. An effort to end them in Maine is underway.

But with polls showing a strong majority of California voters still supporting the concept of term limits, proponents here opted against pushing a measure to directly lengthen terms or abolish limits altogether.

“It’s kind of like Proposition 13,” Burton said, referring to the landmark 1978 property tax-slashing initiative. “[Voters] have a visceral reaction. But if you give the people the option at the local level, that is something they will consider.”

Only five states have term-limit measures as strict or stricter than California’s, and legislators in both parties cite problems with California’s system, particularly in the Assembly. If Proposition 45 is approved, perhaps the biggest impact would occur in the lower house, where leaders change every year or two. Speaker Herb Wesson (D-Culver City), who took office last week, is the seventh speaker since Brown was ousted after Republicans briefly gained control in the lower house in the 1994 election.

“When you’re dealing with a budget of $100 billion,” said Wesson, who will negotiate his first budget this year without ever having sat on a budget committee, “I think Californians will recognize the need to have people with a tad more experience.”

Support Comes From Variety of Sources

Backers of the ballot measure have raised $8.2 million. Donors include organized labor and businesses with interests ranging from banking and insurance to gambling and alcohol. Most of the donors routinely have issues in Sacramento.

The California Democratic Party, which taps donors ranging from organized labor to business interests, is the single largest donor, at $3 million.

Labor unions have contributed $1.2 million directly to Proposition 45’s passage.

“You have to get voters to understand that this is a very simple extension of one term for an elected official they think has done a good job,” said Los Angeles political consultant Bill Carrick, managing the Yes-on-45 campaign and preparing a statewide television ad campaign. “If you get people focused on that argument, they very much like the idea. It is not an end of term limits.”

The campaign against 45 reports having raised a mere $37,100, though leaders vow they will have enough money to wage a campaign.

But the main organization pushing term limits nationally, U.S. Term Limits in Washington, has not decided whether to help finance the 45 opposition, Executive Director Stacie Rumenap said.

Opponents include the three Republican candidates for governor--former Los Angeles Mayor Richard Riordan, Secretary of State Bill Jones and businessman Bill Simon Jr. Gov. Gray Davis has not taken a position.

Dan Schnur, a political consultant working against Proposition 45, is homing in on Burton, 69, a veteran of three decades in office, first in the Legislature, then in Congress, and now back in the Legislature.

“John Burton,” said Schnur, “was elected to the state Legislature the same year that Lyndon Johnson was elected president. Thirty years later, his only solution to a budget deficit is to raise taxes. This is what you get with a career politician like John Burton.”

Burton, widely viewed as the most influential lawmaker in Sacramento, shrugs off the strategy: “Who knows me?”

Schnur also warns that Proposition 45 would open a loophole in another initiative approved two years ago capping contributions to legislators at $3,000 from individuals, a charge that 45’s backers dispute. Incumbents could receive unlimited donations into their bonus-term petition committees, gaining an unfair advantage over challengers, Schnur said.

“That is unregulated, special-interest soft money,” Schnur said, adding that California would be allowing more soft money--donations not given directly to candidates--as Congress debates legislation to restrict soft money in federal elections.

Common Cause Takes Neutral Position

Questions about how incumbents would finance their petition drives helped convince California Common Cause, a nonprofit watchdog group, to remain neutral on the initiative, though Common Cause opposes term limits.

“That is the concern,” said Jim Knox of Common Cause. “It would allow interest groups to become involved with signature gathering campaigns in a way that would circumvent the current contribution limits.”

At Burton’s request, the legislative counsel studied the issue and concluded last week that contribution caps imposed by Proposition 34 of 2000 would apply to petition committees. And if there is a loophole, Burton, the main backer of Proposition 34, said he would push legislation to close it.

“Schnur is a good spin meister and he has spun this one pretty well,” said attorney Lance Olson, who represents dozens of legislative candidates, as well as the Yes-on-45 campaign. “Incumbents are candidates by definition. They have an obligation to report and disclose all contributions.”

The original term-limits initiative, Proposition 140, won with 52% of the vote in 1990. The win by term-limit proponents here helped spread the movement nationally. Of the 17 states with limits, 14 adopted them after the California vote.

Voters approved term limits at the time when the FBI was engaged in a Capitol corruption investigation that ended with convictions of 14 people, including five legislators. In the Assembly, Brown was at the flamboyant height of his power.

“He personified the problem in Sacramento,” said Republican consultant Wayne Johnson, who oversaw the 1990 campaign for term limits. “People had completely lost faith in their ability to get anything done. The Legislature was far too cozy with power interests.”

The Legislature is a far different place than the one Brown knew. The number of women and Latino lawmakers has increased. Almost every member of the Assembly is new since Brown’s days. Even if Brown were to return, some say, he could never achieve the power he once had.

“The Willie Brown who left here is not the Willie Brown who would come back,” Johnson said. “The personalities have changed. There will be constant turnover. It truly is a different place.”

(BEGIN TEXT OF INFOBOX)

Opening a Loophole

Some major financial backers of Proposition 45:

California Democratic Party--$3 million

A. Jerold Perenchio, chairman of the Spanish-language Univision television network--$250,000

California Teachers Assn--$200,000

E&J; Gallo Winery--$150,000

Ameriquest Capital, Orange County financial firm--$150,000

California Correctional Peace Officers Assn., state prison guards’ union--$125,000

Beverly Hills billionaire Ron Burkle; Haim Saban, a recent appointee by Gov. Gray Davis to the UC Board of Regents; Mercury General Insurance; and California Federation of Taachers--$100,000 each