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THE NOONER for July 7, 2012

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CORRECTED: Alan Lowenthal was the fourth "No" vote on high-speed rail, not Noreen Evans.

Quick rundown on some odds and ends...Monday I plan to return to looking at legislative and congressional races.

FiELD POLL on U.S. Senate race:

  • Dianne Feinstein: 51%
  • Elizabeth Emken:  32
  • Undecided: 17

HIGH-SPEED RAIL: John Myers summarizes Friday's lengthy afternoon debate, which led to a vote of 21-16. Deciding vote was Gloria Negrete McLeod, and Dems voting no included Mark DeSaulnier, Alan Lowenthal, Fran Pavley, and Joe Simitian. [SB 1029]

EASY AS 123: The Secretary of State has asked the Superior Court of Sacramento to rule Monday on whether to continue the preliminary injunction stalling the ballot numbering for the November ballot. Molly Munger's suit challenges the Legislature's passage of AB 1499 as a budget trailer bill to reorder ballot numbering to benefit the governor's tax measure and challenging the signature validation priorities used by Alameda and Los Angeles Counties. 

Kevin Yamamura reports that the court denied the request from Molly Munger's attorneys to delay the hearing until July 18. Without taking sides in the case, Secretary of State's pleadings argue that numbering needs to go forward so campaigns can 

Aside from the politics of the tax measures this November, this case could significantly curtail the use of budget trailer bills under the majority vote authority provided in Proposition 25. Specifically, the issue is whether the ballot ordering change and a $1,000 appropriation are sufficiently related to the budget bill. That issue likely won't be decided Monday, but could eviscerate Proposition 25.

Darrell Steinberg provides his view in todays' Sacramento Bee.

SMALL WORLD: It's worth noting that, in addition to the Secretary of the State, a Real Party in Interest in the case Thomas Willis, an attorney for Remcho, Johansen and Purcell. Willis replaced Jerry Brown as the named proponent when the measure was changed from Brown's original plan to the compromise with the California Federation of Teachers.

The Remcho firm is a small law firm that is a leader in California Election Law, and is the top firm on Proposition 98 school funding. Proof of that is that Molly Munger's co-authors of "Our Childrem, Our Future" are Remcho attorneys Robin Johansen and Jim Harrison

In the Sacramento Superior case, the governor's side is represented by the Remcho firm, while Munger is using the firm where her father is a named partner.

SLO HEARTS SACTO: The San Luis Obispo Republican Party is spreading its love again, sending $70,000 to Peter Tateishi. [AD08]

AD46: Brian Johnson drops recount plan.


Advanced Public Sector Labor Relations: From Collective Bargaining to Arbitration - What Public Sector Employers Need to Know

Kronick Moskovitz's 2012 Labor Relations seminar will be held on July 12 at the Courtyard Hotel Sacramento Cal Expo. Join our Labor & Employment and Education law attorneys for this half-day seminar focusing on topics pertinent to all public employers, including the latest legal developments and court decisions governing public sector labor relations in California.

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Romney Aides Gave Advice On State Health Care Law
Carla Marinucci @
California officials are moving quickly to deliver services to millions of people as a result of crucial legislation signed two years ago by former Republican Gov. Arnold Schwarzenegger.

Feinstein Holds Big Lead Over GOP Rival Emken In Field Poll
Torey Van Oot @
Republican hopeful Elizabeth Emken faces a steep climb in her bid to unseat Democratic U.S. Sen. Dianne Feinstein, according to a new Field Poll.

Democrat Brian Johnson Concedes Assembly Election, Drops Recount Plans
Rick Orlov @
The 46th Assembly District primary election - the closest race on the June 5 ballot - will not be subject to a recount, after the third-place finisher announced Friday he is conceding the race.

Analysis: High speed rail wins, just barely
As they packed their bags Friday afternoon and left the state Capitol for a one month summer recess, Democrats no doubt hoped that pundits will applaud their decision to authorize the first $8 billion in high speed rail funding.

Will The State Senate Vote To Stop Bullet Train In Its Tracks?
After nearly two decades of debate, the decision to move ahead on the California high-speed rail project will come down to a state Senate vote on Friday afternoon that could be decided by one or two members.

California Senate Approves Funding For High-speed Rail
David Siders @
The state Senate voted by a bare majority today to fund initial construction of California's $68 billion high-speed rail project.

Healthcare ruling triggered millions in campaign donations
Michael A. Memoli @
The long-term political impact of last week's Supreme Court ruling on the healthcare law remains unclear. But early indications show that as a fundraising tool, the 5-4 decision is a boon for both parties.

CA Legislature Submits Its Own Defense Of Ballot-Reordering Bill
Kevin Yamamura @
In a court case that could define how broadly lawmakers can use their majority-vote powers, the California Legislature asserted this week that it has the authority to determine for itself whether certain bills are budget-related and thus qualify for a lower vote threshold.

Nice Political Weather For Ducks
Debra Saunders @
John Burton has achieved the impossible. As the author of the 2004 bill that led to California's foie gras ban, the crusty former state senator, now chairman of the California Democratic Party, has made eating liver cool.

Jerry Brown appoints pair to CSU board of trustees
Laurel Rosenhall @
Gov. Jerry Brown has appointed two people to the California State University board of trustees, according to the Governor's Office.

Nation's First "Anti-Arizona" Law Likely Headed To Gov. Brown's Office
Matt O'Brien @
Measure ordering police to detain only some illegal immigrants for federal deportation review expected to win OK in Assembly after Senate approval Thursday

Critics of Health Care Law Prepare to Battle Over Insurance Exchange Subsidies
Critics of the health care law mount a new challenge, asking whether subsidies for insurance are available in federal exchanges as well as state exchanges.

Obama says 'more to do' on jobs as GOP vows healthcare repeal
Michael A. Memoli @
President Obama touted the newly-signed highway bill as a potential economic booster, while a Republican congresswoman called for the repeal of the healthcare reform law in dueling addresses on the economy Saturday.

Mixed Message as Republicans Claim Health Law Cuts Medicare
Though House Republicans attack Democrats by saying the health care law will cut Medicare by $500 billion, they have voted for just such a reduction twice since 2010.

Former Villaraigosa Aide Emanuel Pleitez, 29, To Run For Mayor
David Zahniser @
A onetime personal assistant to Los Angeles Mayor Antonio Villaraigosa said Friday that he is jumping into next year's mayoral campaign. While Los Angeles County Supervisor Zev Yaroslavsky and businessman Rick Caruso continue to stay mum on their own plans, 29-year-old Emanuel Pleitez filed papers with the Ethics Commission this week seeking the office held by Villaraigosa, who must step down next year due to term limits.

For Obama, A Jobs Report That Keeps Stinging
POLAND, Ohio--Campaigning across Ohio on Thursday, President Obama walked a line between talk of economic optimism and expressions of economic realism. On Friday, reality hit home with a vengeance as the latest jobs report showed the economy added just 80,000 jobs in June and that the unemployment rate was unchanged at 8.2 percent.

Asian-American voters could become game-changers in presidential election
Josh Richman @
Add Asian-Americans to the list of voting blocs that candidates and political parties ignore at their own peril. Just as 'soccer moms' proved to be a crucial swing vote in 1996 and Latinos have become a much-sought-after constituency, the Asian-American electorate is now emerging as a game-changer.

Senate passes high-speed rail funding, which now goes to governor
Chris Megerian @
The state Senate voted to fund California's ambitious high-speed rail project on Friday, handing a major victory to Gov. Jerry Brown and the Obama administration.

Stockton's Historic Bankruptcy Proceedings Get Under Way
Sam Stanton @
Stockton's historic bankruptcy case began Friday with a Freudian slip, as the city's lawyer introduced himself in court as representing "the city of Vallejo." Attorney Marc A. Levinson caught himself, threw his arms up and started over.

California bullet train up for contentious vote
JUDY LIN, Associated Press @
California lawmakers are set to take a crucial vote that will determine the fate of Democratic Gov. Jerry Brown's ambitious high-speed rail project.

Analysis: Impact Of Jobs Report On Presidential Contest Minimal
David Lauter @
WASHINGTON -- The economy is, by virtually everyone’s account, the driving force behind the 2012 election, and yet, more than three months into a renewed economic slowdown, the impact has yet to dent President Obama ’s standing in the polls.