Voter Guide: Tough choice for Democrats in hot state Senate race Voter Guide: Tough choice for Democrats in hot state Senate race (February 18, 2004)

By Renee Batti
Almanac News Editor

He's a staunch defender of the environment, a champion of education. He is known for reaching out to his constituents, and for working effectively with his colleagues in Sacramento to push legislation important to Midpeninsula and Coastside residents.

Who is this man? Most residents of state Assembly District 21 who pay attention to civic affairs are likely to recognize not one, but two local political figures in that crystallized portrait: Assemblyman Joe Simitian and former Assemblyman Ted Lempert.

And the similarity between the two Democrats is presenting a real dilemma for many local voters because, come March 2, they will have to choose which one of them is the best person to send to the state Senate.

The two popular politicians -- who have garnered wide political support not only for their work in Sacramento but for their leadership on the local government scene as well -- are waging an increasingly fierce campaign to replace Sen. Byron Sher of District 11, who has reached his term limit.

Although the winner of the March 2 primary election will have to face the Republican contender in November, it is a near-certainty, in this heavily Democratic district, that the Senate seat will remain in Democratic control.

Both candidates have yards-long lists of endorsements -- another possible source of confusion for voters, who can find the names of well-respected environmentalists, educators, city council members, county supervisors, and state government leaders on both lists.

Mr. Simitian won several national endorsements as well, including from congresswomen Anna Eshoo and Nancy Pelosi, and congressmen Sam Farr and George Miller. And Mr. Lempert has the man he's replacing, Sen. Sher, on his list.

The endorsement choice was not easy for some. Noted environmentalist Lennie Roberts of Ladera firmly endorsed Mr. Lempert, citing work he did as a county supervisor. But, acknowledging that Mr. Simitian also has a strong environmental record, Ms. Roberts expressed some regret that "there is so much talent" among local leaders on environmental issues, yet only one can fight for the cause in Sacramento.

Officials of the California League of Conservation Voters solved their dilemma by endorsing both candidates -- a rare event, according to Rico Mastrodonato, the Northern California director for the CLCV.

"Both have stellar track records," he said. "With either one of them, you have a champion for the environment."

Some local Democrats criticized Mr. Simitian for entering the race even though he could have run for another two-year term in the Assembly, and Mr. Lempert had made it clear four years ago that he would seek Sen. Sher's seat in 2004. Mr. Lempert, who served two terms in the Assembly, was term-limited out in 2000.

But Mr. Simitian's future in the state Legislature would have been far less certain after he reached his term limit in 2006 if Mr. Lempert were firmly in the Senate District 11 seat, with six years left before his term limit.

Assembly terms are two years, with a term limit of six years. Senate seats are four-year positions, with the term limit at eight years.

Both candidates say they have solid records when it comes to responsiveness to constituents. Mr. Simitian holds 24 "sidewalk office" sessions each year, setting up shop at farmers' markets and other community gathering places to talk with constituents. Mr. Lempert said he conducted similar sessions as an assemblyman, although not as many.

Mr. Simitian launched an innovative contest, "There Ought to be a Law," soon after taking office. He invites constituents to propose new legislation, and reviews all entries himself, he said. The contest, which he said has grown dramatically in terms of entries, has led to the creation of new laws, including one that requires the addition of a bittering agent to antifreeze to protect children, wildlife and pets from accidental poisoning by the sweet-tasting substance.

The two candidates themselves acknowledge that little separates them in terms of key causes. "There aren't really stark ideological differences between us," Mr. Simitian said.

Voters can distinguish between the two, both say, by looking at their records to determine who is the most effective.

Mr. Lempert cites the fact that he served under -- and worked effectively with -- three governors. They were Republican governors George Deukmejian and Pete Wilson, and Democrat Gray Davis.

Mr. Simitian's tenure in Sacramento was primarily under former Gov. Davis. But, he said, when Gov. Arnold Schwarzenegger took office in November looking for ways to cut spending, he was successful in persuading the new administration not to touch funding for "basic aid" school districts, many of which are in Mr. Simitian's Assembly district.

Because those school districts appeared to be a likely target for cuts in the 2004-05 budget, he said, he personally met with the new governor's chief of staff, Patricia Clarey, and secretary of education, Richard Reardon, to explain "why such cuts are ill-advised."

The environment

In addition to the California League of Conservation Voters' endorsement, Mr. Lempert has been endorsed by the Sierra Club and Vote the Coast.

He lists as his accomplishments in the Assembly numerous bills banning offshore oil drilling and otherwise protecting ocean and Bay waters from degradation and contamination; and bills pertaining to forest protection, park access, and the protection of local waters from invasive, non-native species.

Ms. Roberts, a leading figure in the Committee for Green Foothills, praised Mr. Lempert for pushing Caltrans to study the option of building a tunnel to bypass the problematic "Devil's Slide" portion of Highway 1 on the north San Mateo County coast. Mr. Lempert was a county supervisor at the time, and his efforts on the Devil's Slide issue were successful: A tunnel is scheduled to be built in the near future.

Mr. Simitian has been endorsed by six members of the Midpeninsula Regional Open Space District board in addition to the CLCV.

On environmental accomplishments, he points to bills that curb pollution of ocean waters by cruise ships and a bill making California the first state to regulate auto emissions contributing to global warming. He also lists bills pertaining to energy conservation, household hazardous waste recycling and forest protection.

Education

Mr. Lempert, who launched the public education advocacy organization EdVoice about three years ago, has fought against cutbacks to school funding for his entire career in public office, he said. In the Assembly, he sponsored bills restoring the Gifted and Talented Program (GATE) in public schools and establishing a mathematics initiative for teaching; and bills pertaining to teacher credentialing, teacher incentive programs, and school bus safety, among others.

He was a leader in the passage of Proposition 39, which lowered the voter threshold for school bonds to 55 percent. He also was a key player in enacting legislation enabling the creation of charter schools.

Mr. Simitian, who served for eight years on the Palo Alto School Board, has led efforts to increase funding for poorer school districts, and recently secured $1.3 million in additional funding for the troubled Ravenswood School District, whose schools are in East Palo Alto and east Menlo Park.

He has led successful efforts to pass school bond measures, and has written laws pertaining to teacher support and development, summer school for at-risk kids, and the establishment of high-tech high schools.

Other issues

Mr. Lempert has been a champion of campaign finance reform, calling for spending limits during his first campaign for the Assembly in 1988. After his election, he continued that effort.

He accepted the voluntary spending limits for the current Senate race, and decries Mr. Simitian for not doing so. But Mr. Simitian says the rules that apply to the voluntary limits are flawed, and although he supports "real" campaign spending reform, he would not accept those in place now.

Mr. Simitian has broken ground in the areas of online privacy, identity theft prevention and high-tech crime. Last fall, he was one of only two elected officials in the world to make it onto Scientific American magazine's top-50 list of outstanding visionaries in science and technology. He made the list for his legislation on electronic identity theft.

Mr. Lempert's list of issues he want to continue work on include health care, consumer protection, gay rights and domestic violence. In the Assembly, he wrote legislation that toughens spousal-abuse punishment, and as a county supervisor, he chaired the county Task Force on Violence Against Women.

Both candidates support Proposition 56, lowering the threshold for passing a state budget to 55 percent from 66 percent; and Proposition 58, which mandates a balanced state budget and "rainy day" reserve.

Both say they are likely to vote for the $15 billion bond measure, Proposition 57, although reluctantly.

In dealing with the current budget crisis, both candidates say they support raising the top state income-tax bracket from about 9 percent to 11 percent on the wealthiest in the state, and they would work to reach agreement with fellow legislators on other tax hikes.

Mr. Simitian -- whose mantra is "Seven words: Spend less, collect more, do it now" -- said he'd be willing to accept "one dollar worth of cuts for one dollar worth of revenue." He said boosting the cigarette tax is one measure among a number that he might support.

Mr. Lempert said a possible source of new revenue is a boost in the gas tax, which is lower in California than in most states. He said sensible tax increases could be put into place with members of both parties working together to weather the budget crisis.

Both dismissed proposed cuts to education and health care for the poor as viable means for balancing the budget.

Ted Lempert

Residence: San Carlos
Education: A.B., Princeton University; J.D., Stanford University.
Occupation: CEO, co-founder, EdVoice, a public education advocacy organization.
Experience: Member, San Mateo County Board of Education; assemblyman, District 21, 1988-92 and 1996-2000; member, San Mateo County Board of Supervisors, 1993-96.
Age: 42

Joe Simitian

Residence: Palo Alto
Education: B.A., The Colorado College; M.A., international policy studies, Stanford University; master of city planning, U.C. Berkeley; J.D., U.C., Berkeley.
Occupation: Assemblyman, District 21, since 2000.
Experience: Current member, state Assembly; member, Palo Alto School Board, 1983-91; member, Palo Alto City Council, 1991-96; member, Santa Clara Board of Supervisors, 1996-2000.
Age: 51

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