Abel Is Unwilling.

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Supporters of Prop. 8 spotted an opening to get the state to file an appeal on behalf of the measure.

Gov. Arnold Schwarzenegger has declined to file that appeal, saying he supported Judge Walker's decision striking it down. With Arnold out of town, the conservative Capitol Resource Institute urged people to call the office of Lt. Gov. Abel Maldonado -- who is acting governor while the governor is in China. They apparently flooded the Lt. Governor's office with phone calls.

The deadline for filing an appeal was today (Monday) at 5 p.m. Shortly after 5:30, a spokeswoman for the Lt. Governor confirmed that NO APPEAL was filed. Maldonado does have his hands rather full dealing with the San Bruno fire aftermath -- an issue that is a stone cold winner for him -- unlike, say, same sex marriage.

UPDATE: A disappointed Capitol Resource Institute sent out an angry email Tuesday morning. In a written statement, Executive Director Karen England said by failing to file the Prop. 8 appeal, Maldonado "added to this arrogance and aloofness that suggested he was more concerned that we busied his phones than anything else." The release goes on to say that "many see this issue as damaging to Maldonado's political future."

Not sure who those "many" are ... but Maldonado continues his role as acting governor, reassuring residents of San Bruno in front of a bank of microphones and TV cameras, issuing orders to the California Public Utilities Commission regarding the PG&E blast and signing consumer friendly legislation. Really hard to argue his political stock is falling right now.

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