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The Debbie Cook Lawsuit - a Bad Idea

Posted by: Mark Bucher | 03/20/2008 3:17 PM

Earlier this week, Keith Carlson filed a suit against Huntington Beach Mayor Debbie Cook challenging her ballot designation of "Mayor." Cook is a democrat running against Congressman Dana Rohrabacher. This lawsuit is a bad idea, and should be dropped.

As a Republican and supporter of Congressman Rohrabacher, I want to see him win. Unfortunately, even the best outcome in this suit - that is, forcing Cook to change her ballot designation, will hurt Rohrabacher. The likely outcome, that Cook prevails, will be far worse.

The suit is based on Elections Code section 13107(a)(1) which allows a candidate to use the office she is elected to by the people as her designation. Since Cook was elected as a councilmember, and then elected by the other council members as the mayor, Carlson argues that she cannot use the designation of "Mayor." Unfortunately, this is a very narrow reading of this statute that a judge might reject. In addition, a candidate can also list a vocation. If Cook can convince the judge that being Mayor is a vocation, she will also win.

Assuming Cook prevails, because the suit was brought by Carlson, and his attorneys Mike Schroeder and Steve Baric, all prominent Republicans with ties to Rohrabacher, Cook will score the first win of this election and gain the aura of being a giant slayer.

Even if she loses and is forced to change her designation, she will have gained stature simply because of the battle. The perception in the mind of the average voter will be that the Republican Party and Congressman Rohrabacher are bullies.

I recoil against the win at all costs mentality that we often get caught up with in politics. It is easy to win the battle and lose the war. Particularly because in elections, what you are really fighting for is the hearts and minds of the voter.

Not every fight is worth fighting.  This one is a mistake.

Comments

Shadow Rimgale said:

Marc -

You're wrong about the lawsuit hurting Rohrabacher.
Voters do not care about the lawsuit. This story maybe gets mentioned in the newspaper 4 times. Assuming Cook wins the lawsuit she will still lose Rohrabacher. The district does not represent Cook's values and that is why she will lose. She will not win because of some lawsuit allows her to keep the title of Mayor.

You just made a very silly assumption.

Publius said:

CA Secretary of State March Presidential Primary Results for CD 46

Hillary Clinton.....44,904
Barack Obama........34,314
John Edwards.........3,965
--------------------------------
John McCain.........39,514
Mitt Romney.........35,694
Mike Huckabee........8,943

So, how is it that Dana "represents" the District's values more than Debbie Cook?

Bladerunner said:

Mark's post is well taken. The filing of the action has energized the Dem base early and will significantly aid Cook's fund raising. Its a clear indication that Rohrbacher and the Dark Lord are hearing footsteps in a seat in which Dana can usually run a Mckinley-like campaign and win going away. But as Publius notes above, and others have noted in other areas, 2008 may be a Democratic Deluge on the congressional level, so giving Cook some instant street cred was a great in kind gift from the Dark Lord, his second chair Baric and fellow travelers.

The only thing that Marc doesn't add is that Schroeder has in one fell swoop not only helped out a Democrat but managed to annoint Republican mayors Jeff Miller and Neil Blais in the 71st Ad as scofflaws. Gee Marc, don't you wish you would have gone ahead and run in the 71st? You could certainly have beaten those scofflaws.

Mark Bucher said:

Shadow,

I did not say that Cook will win the race, and I doubt she will. Nevertheless, anything that gives votes to Cook or takes them away from Rohrabacher is not good for the Rohrabacher campaign. This suit will do both.

Your comment that being "mentioned in the newspaper 4 times" implies that such coverage is no big deal. In fact, it will generate thouands of dollars of earned media for Cook that she did not even have to earn - the other side gave it to her for free.

Mark

Anonymous said:

According to the OC Register, the suit was filed in Orange County Superior Court. If that's true, the Mayor has nothing to worry about.

The only allowable venue for this type lawsuit (Congressional Candidates)is Sacramento County. The Secretary of State is an indespensable party, and she can not be sued in OC.

Sorry boys.

d'Anconia said:

Mark-

Fair enough, but I believe Shadow's point is valid in that the free earned media she receives (positive) doesn't outweigh the fact that she won't have her "Mayor" title on the ballot (negative).

Not only won't this "energize" the base like BR claims (sorry man, respectfully disagree), but no one will remember this lawsuit when they cast their vote in November.

Good lawsuit.

just...asking? said:

The worst effect of this lawsuit is that it makes very public (beyond the normal party players) the connections of Rohrbacher to Schroeder. The latter who has been linked to some of the worst of OC politics.

Additonally, this makes it look like Dana is afraid of Mayor Debbie Cook's campagin. Otherwise why would Dana be using a sledgehammer to swat a fly?

Normally, I'd say no dem had a chance in the 46th, but this is anything but a normal year. The war and the economy when added to the energy the two dem candidates are generating may prove formadible.

Don't understand why Schroeder would want to make Rohrbacher's campaign a much tougher fight.

Rocket said:

Just another example of Republican bullies who have been down this road with one of their own. Nobody knows how many "hits" were on these articles but I surmise more than you might imagine.This kind of stuff only puts the on hurt Republican numbers.I think people know who the "Mayor" is. Agree. Bad idea

d'Anconia said:

You guys give way too much credit to the negative effect of being associated with Schroeder.

A regular voter doesn't know who he is.

Good lawsuit, silly arguments against it.

Common Republican Voter said:

I had a great conversation with a few friends last night about O.C. politics and this issue. None of us are really politically active. We do contribute to the party, and vote, but that's about it.

We have come to the conclusion that this Schroeder guy is more like the back side of a donkey than an elephant. He appears to be involved in so many of this county's political problems we decided are not going to support any candidate he has any involvement with.
Even if this means supporting and voting against our party.

Darth Vader said:

Thanks to Schroeder being behind this lawsuit, just like with Trung Nguyen, I, a life long republican, will now be voting for Cook. Thanks Mike. I am so tired of Schroeder's scorched earth politics. Hey Mike, stick to supporting Carona...hows that going for you?

d'Anconia said:

You Democrats and Schroeder haters are really transparent.

The funny thing is, at the end of the day, you would ALL welcome Mike's help if he offered it.

Jealous much?

Mark Bucher said:

d'Anconia,

It MIGHT be worthwhile to give Cook the free publicity in order to keep her from designating herself as mayor. Frankly, I don't think so.

However, the most likely outcome is that she gets the free publicity AND she still is designated as mayor.

So if the lawsuit prevails, you have a mediocre outcome. If it fails, you have a bad outcome. The risk/reward equation is tilted substantially against bringing the suit. That is why it is a bad idea.

Mark

Common Republican Voter said:

“You Democrats and Schroeder haters are really transparent.”

Your assumptions are ignorant. I AM a republican. I have no reason to hate Schroeder. His existent is not important enough for me to hate him.

“The funny thing is, at the end of the day, you would ALL welcome Mike's help if he offered it.”

The reality is, I am a regular guy, like my friends, and fellow voters. We have NO reason to ever want this guy’s help and would NEVER be in a position for him to offer it.

My earlier post was to send a message about republican voters becoming disenfranchised with the party because of this guy’s tactics. Take it for what it’s worth.

Jesus is Lord said:

I cannot vote for atheist Debbie Cook who banned convocation as mayor of Huntington Beach.

Her title on the ballot should say "God Loathing Mayor of Huntington Beach."

Shawn Fago said:

Common Republican Voter,Do you vote based upon your personal convictions or do you vote based upon who is supporting who? -Shawn Fago

Common Republican Voter said:

Shawn Fago,

Both are important factors to me.

Shawn Fago said:

Common Republican Voter,
Just so I am clear... You would actually vote for someone even though their beliefs are contrary to yours simply because of one of their opponents supporters? That is incredible!!!

-Shawn Fago

d'Anconia said:

Mark-

I guess we will agree to disagree on whether or not the positive outweighs the negative.

What I take issue with is your characterization of the positive outcome being "mediocre".

Can you explain to me how denying Debbie the title of "Mayor" is a "mediocre" outcome?

I don't know about you, but if I were running for office I would MUCH rather have the Mayor title instead of "Councilman".

d'Anconia said:

Common Reep Voter:

Huh??? This is what you said:

"We have come to the conclusion that this Schroeder guy is more like the back side of a donkey than an elephant. He appears to be involved in so many of this county's political problems we decided are not going to support any candidate he has any involvement with.
Even if this means supporting and voting against our party."

I would venture a guess that you would really need to DESPISE someone to vote against a candidate who that person supports as the sole reason.

You're either being disingeneous or inconsistent. Pick one.

Common Republican Voter said:

Shawn Fago,
Just so you are clear…Not only would I vote for someone else, I may contribute to the campaign. I am not alone in this; other voters feel the same way. Do you find that even more incredible???

Common Republican Voter said:

d’anacolon,
I have never met the guy so I can’t say I DESPISE him. I do DESPISE his methods.
Are you to narrow minded to be able to distinguish the difference?

Don't fall for it said:

C'mon guys, "Common Republican" is about as Republican as Obama is. No way any Republican could vote for someone as left-wing and extreme as Debbie Cook, let alone send her money.

Common Republican Voter said:

Don't fall for it,

Don't bet on it.

d'Anconia said:

CRV-

So you admit that as a Republican, you will vote against Dana, irregardless of the candidates' record, but instead purely because you despise one of his supporter's methods?

And you call ME narrow minded?

Shawn Fago said:

Common Republican Voter,
You bet I do.

-Shawn Fago

Dan Chmielewski said:

So you won't vote for Debbie because she's a left wing extremiste, but you'll vote for Dana who's a right wing extremist. Dana consistent votes against the interest of middle class voters in his district. Just what has Dana done to deserve re-election?

Rocket said:

Don't know much about this Schroeder dude except he sues everybody right or wrong (loses mostly) and was the premiere torch bearer for Carona leading up to release of those now infamous tape transcripts. Absent that I'm sure he would still be hucking it up for Carona. I mean, doesn't he have anything else better to do? Not the type of ingredient that promotes Republican causes as we loose members both Nationally and locally. Sounds like the guy is trying to claw his way back up to the stature he had as a "Team Carona" booster.

Bladerunner said:

D'Anconia-- it's not that people hate Schroeder(except perhaps for Art and Wade), it's that he's, well, he's a lawyer. And people aren't really fond of lawyers, until they need one of course. So yes, if I needed a lawyer with connections and Mike was offering help, heck, why not? I would just keep in mind that Mike, like other lawyers, lose sometimes. Just ask Trung.

And as for Mike offering help, Debbie gladly accepted the in kind assistance he is providing her. I'm not surprised that reliably red Judge Lewis accommodated the Dark Lord but we'll see how Mike and his second chair fare with the DCA on Monday. If her depo goes forward this week, it should be another publicity boon for Cook. National liberal blogs will pick it up. Should be worth $100,000 per hour of Mike's inquisition in campaign fund raising.

By the way, I personally think this is much ado about nothing. I don't think more then a handful of voters at most will vote for her if she has the Mayor handle but won't vote for her if she has the Council member title. But its great drama nonetheless.

A last thought D; what to do with those scofflaws in the 71st AD, former GOP Chairman Miller and Dem turned born again Rep Blais? How should these rogues be handled? Maybe they'd like to appear before the Dark Lord's star chamber. Interplead these blokes who can't seem to follow the rules according to Mike? Or maybe they spend their days playing mayor also?

I'm Impressed said:

Isn't true that Mike Schroeder even sued his own mother? That is someone I can be proud of...I wish he was on my team.

d'Anconia said:

BR-

First of all, I wasn't referring to you when I mentioned Schroeder haters. I have heard enough from you to know that you are reasonable in your arguments.

Second, we will continue to have to agree to disagree on this perceived "in kind assistance" that you claim Mike is giving Debbie. I highly doubt any of this is going to help her fundraising that much.

I will agree with you on one thing though: it's a general election so the ballot designation actually has less importance than in a primary.

Lastly, all criticism aside, Mike didn't announce his lawsuit until after the deadline had passed, therefore not meddling in the business of any other Assembly races as you mentioned. That was clever and respectful of him.

Milt Dardis said:

As a Conservative, the first duty of public officials is to divest themselves of the power they have been given. What has Dana R contributed in legislation to help our District?

The tide is turning and the voters are simply “Not going to take it anymore.”

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