‘Top-two’ primary breeds conflict over candidate endorsements

Another turn in the increasingly testy race to represent the state’s 74th Assembly District is forcing local politicians to grapple with a bigger question: What makes an endorsement?

As Orange County Republicans find themselves squaring off against their GOP compatriots more frequently, thanks to the state’s “top-two” open primary system, which allows same-party candidates to square off in November, experts say that what was once a relatively uncomplicated show of support has become a fuzzier concept.

“The distinction between support and endorsement now actually matters,” said Dora Kingsley Vertenten, a professor at USC’s Price School of Public Policy. “Now you’re asking someone who’s their favorite child.”

And many candidates are opting not to make that distinction.

This week, Newport Beach Councilman Keith Curry accused his opponent, Huntington Beach Mayor Matthew Harper, of listing at least eight bogus endorsements on his campaign website.

The two men are high-profile conservatives from neighboring beach cities vying to replace Assemblyman Allan Mansoor (R-Costa Mesa), who is running for 2nd District Orange County supervisor.

In emails to Curry, which were obtained by the Daily Pilot, those officials — some of them candidates in races of their own — confirmed that they hadn’t endorsed Harper. And Harper later said at least two had asked to have their names removed from campaign literature.

But those who responded to requests for comment were reticent about whether they felt Harper improperly used their names.

Robert Ming, a Laguna Niguel councilman who is running for 5th District Orange County Supervisor, said he’d prefer not to comment.

Others said they didn’t want to pick one candidate over the other.

“Since I am helping many Republican candidates for office, I will respectfully stay out of this one,” David Shawver, a Stanton councilman whose name appears on both Harper and Curry’s websites, wrote in an email. “Thank you for understanding.”

Michael Simons, a Huntington Beach Union High School District board member for 22 years and supporter of Harper’s run for City Council years ago, said he’d made a point of holding off on backing one candidate or another, because he would be interviewing both as part of an Orange County Medical Assn. panel.

Simons said later that he spoke with Harper, who referred to a conversation last September in which Harper told Simons that he was considering a run for office but hadn’t decided which one yet.

Though Harper claimed Simons gave him his support, Simons said he didn’t recall that conversation.

“I think it’s kind of interpretation, what constitutes support versus an endorsement,” he said. “I’ve been very careful.”

Another point of potential conflict are “dual endorsements,” which seem to be more prevalent with the top-two system.

At least nine local officials, including Rep. Dana Rohrabacher (R-Costa Mesa), were listed as having endorsed both Harper and Curry, according to their respective websites, which list hundreds of endorsements from community members, groups and public figures.

Kingsley Vertenten said rising numbers of dual endorsements are “a very positive step forward,” since by definition they acknowledge that more than one candidate could be a good fit for a given community.

Endorsements have always been a kind of work in progress — with candidates trying to move community members along a “continuum,” from interest to support to endorsement, she said.

“The publication of a list is sort of a snapshot in time, and all of the sudden we’re holding people accountable to that when in fact the whole thing is fluid,” she said.

Still, said Fred Smoller, an associate professor of political science at Chapman University, falsely representing who’s officially endorsing you is a big deal.

He should know. His opponent for state Assembly in 1990, then-Assemblyman John Lewis (R-Orange), was indicted for allegedly using Ronald Reagan’s signature on campaign mailers — without permission.

The charge was ultimately dismissed because of what some legislators later called a legal loophole, but Smoller said that claiming you have someone’s official backing when you don’t is “just fraud. You’re abusing someone’s position.”

Endorsements, Smoller added, are some of the most “important cues” for voters.

Harper said he didn’t see it that way.

The allegations, he argued, are a distraction tactic mounted by Curry.

Officials who have “business relationships” with Curry, a longtime conservative heavyweight, may have been pressured to change course, Harper said.

“The thing is ... people say one thing to one guy and say another thing to another guy,” he said. “And people can change their mind.”

While endorsements traditionally come with signed papers backing them up, Harper said he has added names to his list by simply asking for support at events. He said he has also gotten endorsements via text message as well as the more traditional signed letters.

Curry said that for him, the endorsement solicitation process can vary from written forms to in-person conversations.

But the key, he said, is specifically asking supporters whether he can use their names.

Curry said Harper’s approach to endorsements “speaks to integrity.”