Mark Leno Takes CA State Senate Seat From Carole Migden

San Francisco's gay vs. gay battle ended Tuesday when Assemblyman Mark Leno (D-SF) defeated incumbent state Senator Carole Migden in the primary. Leno is expected to coast to an easy victory in November in the heavily Democratic district. Leno will become the first openly gay man to become a state Senator in California history.

According to unofficial returns Wednesday, June 4, Leno netted 43 percent of the 102,109 votes cast in the race. His 43,853 vote total far outpaced his nearest competitor, Nation, who took second place with 29,902 votes, about 29 percent of the total. Migden trailed in third place with 28,354 votes, with about 28 percent.

In San Francisco, Leno walked away with 57 percent of the vote, more than 22,200 votes ahead of Nation. It was a large enough margin to compensate for Nation's strong showings in his home ground of Marin and Sonoma counties. "It's very thrilling. It's really a night of elation," said a beaming Leno, who was so confident of victory he scheduled a party in Nation's turf prior to showing up at a Castro celebration at Lime shortly after 11 p.m. Tuesday night.

In March, Migden was fined $350,000 for 89 instances of campaign finance and disclosure violations and for personal use of campaign funds. Despite the support of both of SF's gay newspapers, Migden steadily lost ground over the campaign and according the Bay Area Reporter, by election day her candidacy was "all but ignored" by Leno.

CA State Sen. Carole Migden Fined $350K

In the largest such judgment against a state politician, California State Senator (and open lesbian) Carole Migden (D-SF) has been fined $350,000 for 89 instances of campaign finance and disclosure violations and for personal use of campaign funds. Migden's attorney claims that the violations were a result of her 10-year bout with leukemia, saying, "She was battling cancer at the time and she didn't pay attention as she should have."

The 35-page FPPC report says Migden on eight occasions between 2005 and last June spent a total of $16,317 in campaign funds that "conferred a substantial personal benefit" to her without having a reasonable "political, legislative or governmental purpose" as required by law.

Details of Migden's personal spending were not included, though the information may be released later. "It's still a pending issue until the commission formally accepts or rejects the stipulation," said FPPC spokesman Roman Porter.

In addition to airfare and hotel stays, Migden has used campaign credit cards to make purchases at Nordstrom, Neiman Marcus, and Tiffany & Co., among other high-end retailers, according to her campaign disclosure reports.

The violations span Midgen's time as state Senator and her previous positions in the state Assembly and with the Board of Equalization.

Under law, which allows the agency to levy $5,000 per count, the FPPC could have fined Migden $445,000 for the 89 counts, but she, Sanders and Potashner stipulated to the $350,000 fine. Migden has paid $100,000 out of her own pocket, but it's unclear whether she will use campaign money to cover the remaining fine, her attorney said. Candidates are allowed to use campaign funds to pay fines if they are related to the committee.

As of the end of 2007, Migden had about $1 million in three campaign accounts. But recently the FPPC ruled that she can't spend $647,000 in political contributions she raised before being elected to the Senate. Chairman Ross Johnson said Migden has already illegally spent $400,000.

Migden's upcoming election opponent, openly gay Assemblyman Mark Leno (D-SF), raised the issue of Migden's campaign improprieties last November. Migden responded by filing suit against the Fair Political Practices Commission, saying she was using volunteer bookkeepers unfamiliar with state rules and should be entitled to use the money as she had.

UNRELATED: In May 2007, Migden rear-ended another vehicle after forcing two drivers off the road, distracted, she claimed, by answering her cell phone. In 2006 Migden had voted for a state bill that outlawed holding a cell phone while driving. That law went into effect shortly after Migden's accident.

VERY UNRELATED: I met Migden several times during her tenure on San Francisco's Board of Supervisors, but most memorably in 1998 at a vigil and march marking the 20th anniversary of the murder of Harvey Milk. Migden was then in her first term in the Assembly and I took an opportunity to speak to her about SF's show-boating new mayor, Willie Brown, who'd just left the Assembly after many years as its Speaker.

Migden (my rep in the Assembly) listened to my two sentence question/complaint, then turned her back on me with a dismissive "I love Willie Brown." Wrong place, wrong time, maybe. But funny how things like that stick with you. I wasn't at all surprised a couple of years ago when Midgen was voted "Worst Senator To Work For" by capitol staffers and was named "Sacramento's Scariest Boss" by the SF Examiner. Migden has also been repeatedly reprimanded in the legislature for being a total bitch. Seriously. But maybe that's what it takes to be a successful female politician. Ahem.