[UPDATE: Audio is now online... click here, scroll down to this morning's newscast]
Legislative Democrats have now postponed next week's hearing into what happened behind the scenes this summer with the redistricting initiative, Proposition 77.
In part, the hearing was expected to examine the issue of just when Governor Schwarzenegger's allies discovered that different versions of Prop 77 existed, and how that was handled.
But the postponement may not end the quiet discussion in Capitol circles about one part of the story: should the governor's taxpayer-provided attorney have been involved in those private discussions, which included how to keep Prop 77 from being kicked off the ballot?
This morning on The California Report, we take a closer look at the involvement in the debate over Prop 77 by the governor's legal affairs secretary, Peter Siggins.
Despite what partisans on both sides are saying, the law may be vague in this case. Previous cases of partisan work being done on the state dime have focused on officials who were involved in full-blown ballot measure campaigns. But what standard applies to Prop 77? At the time in question, it had been circulated in a paid campaign for signatures, but was not yet the focus of a full-fledged political campaign for votes.
How much involvement of a state official, like Siggins, is allowable if a ballot measure representing the governor's policy agenda finds itself in legal limbo?
The most vocal critics are found in Democratic circles, including some former Davis administration officials (who would be interviewed for this story only on background). They argue the law is very clear, citing a court case known as Stanson v. Mott which says, in part, that the government can't "bestow an unfair advantage on one of several competing factions" in a ballot measure campaign.
Siggins, however, says those critics are misstating where the law draws the line. "That line," says Siggins, "is engaging in the advocacy of a position that is before the voters in a contested election."
In other words, he seems to be saying that Prop 77 wasn't at the stage of an actual campaign (or even certified for the ballot) when he got involved.
In an interview this week, Siggins also provides a different opinion of a private meeting he attended on June 13 with Undersecretary of State Bill Wood, the meeting at which state elections officials first learned that one version of Prop 77 had been submitted to state officials, while a different version was circulated for voter signatures.
In court documents, Wood says that Peter Siggins and Prop 77 attorney Dan Kolkey "urged" that elections officials place the "circulated" version of Prop 77 on the ballot.
Siggins now says, however, that his position was simply that one of the two versions of Prop 77 deserved to be on the ballot (of course, if the version submitted to the Attorney General was chosen, then Prop 77 would likely have been ineligible for the special election-- a major blow to Schwarzenegger-- because it was not the version used to gather voter signatures, a constitutional requirement).
Karen Getman, a former chairwoman of the Fair Political Practices Commission, is a Democrat who doesn't agree with those on her side of the aisle proclaiming that Siggins' involvement was a clear violation.
"That's a gray area," says Getman. "It's not very clear whether it's okay to use public money to be influencing whether the measure actually appears on the ballot."
And Bob Stern of the non-profit Center For Governmental Studies, says that governors should be given a wide latitude on these kinds of questions, because their policy agendas are often inextricably linked with issues that have to be taken to the voters-- a key element of the way Schwarzenegger approaches the job.
"You have to give many officials who work for elected officials a lot of flexibility," says Stern.
At the very least, the case again raises the ongoing question of where the line should be drawn concerning how much political work is acceptable while drawing a state paycheck. Meantime, Democratic staffers now say the legislative hearing may not be convened until after the November 8th election.