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Eastman faces heat for ballot wording in attorney general's race
Former Chapman University Law School Dean John Eastman may have scored a coup in his bid for the Republican nomination for Attorney General. He wants the California secretary of state to list him on the ballot as an Assistant Attorney General. Opponents are crying ‘foul.’
Eastman’s the former dean and longtime faculty member at Chapman University’s Law School in Orange County.
He resigned last month and within days, South Dakota’s Republican Attorney General named him an assistant attorney general in that state. The renowned conservative legal scholar is representing South Dakota before the United States Supreme Court in a case involving states rights.
A spokesman for one of Eastman’s opponents, Los Angeles District Attorney Steve Cooley, said Eastman's attempt to be listed on the ballot as as an assistant attorney general is wrong.
“It’s is a deliberate attempt to deceive the voters and fool them into thinking that he is something that he is not," Spillane said.
Not so, said Eastman spokesman Jeff Flint.
“It constitutes a substantial amount of his professional time and a substantial amount of his professional income," Flint said.
He said Eastman’s spent 50 hours on the case and has earned $20,000.
Flint conceded that the candidate’s still teaching at Chapman, but declined to say how much he’s making there.
“The answers are somewhat irrelevant. The ballot designation rules contemplate candidates that have two or more activities that they derive a substantial amount of their income from," he said.
Flint said that in those cases, candidates may choose which profession to list on the ballot.
"This is a tough case," said Bob Stern of the Center for Governmental Studies in Los Angeles.
Stern once worked as an election lawyer for California’s Secretary of State.
“The most accurate designation would be South Dakota Assistant Attorney General. However, the election code says you can’t use more than three words."
On the other hand, Stern said, "If you use just Assistant Attorney General, that’s misleading because it implies he’s California assistant attorney general which he is not.”
Stern thinks the secretary of state should rule that Eastman’s ballot is misleading.
If she doesn’t, either Cooley or his other opponent State Senator Tom Harman likely will challenge it in court.
If the title stands, Stern said, it’ll likely help the under-funded Eastman in his bid to become the state’s chief law enforcement official.
“Of course it’s helpful. Anytime you can put down the words attorney general when you are running for attorney general that’s a good thing.”
The Republican Party Primary is June 8th.