DEMS SIT ON FENCE POLLS SHOW DAVIS VUNERABLE WILL THAT MOVE FEINSTEIN?

Byline: Harrison Sheppard and Rick Orlov Staff Writers

With the filing deadline just days away, pressure mounted Monday on Democratic Party leaders to field a prominent candidate in case Gov. Gray Davis is removed from office in the Oct. 7 recall election.

Even as Senate Democrats parleyed in the Capitol about whether to field a candidate for governor, Davis himself took his case against the recall to the state Supreme Court. No hearing date was set.

The number of candidates from all parties has grown to 344 people who have at least taken out papers, according to the Secretary of State's Office, including 114 in Los Angeles County.

Sen. Tom McClintock, R-Thousand Oaks, is expected to make it official today, turning in his 65 signatures and $3,500 filing fee, while actor Arnold Schwarzenegger is expected to announce Wednesday during an appearance on ``The Tonight Show'' that he will not run.

His decision would clear the way for former Los Angeles Mayor Richard Riordan to enter the race - a move likely to occur close to Saturday's filing deadline for candidates, leaving little time for Democrats to consolidate their support behind a single candidate.

Democratic state senators failed to reach a consensus about what to do but remained nervous ``about whether or not putting all the eggs in one basket makes sense,'' Senate President Pro Tem John Burton, D-San Francisco, told The Associated Press.

``There was absolute consensus that we're opposed to the recall and we discussed how to best get our message out and let the voters know what costs they're facing should the recall occur,'' Sen. Richard Alarcon, D-Van Nuys, said in an interview.

``I see this as a Valley secession thing, where when everyone sees the kooky candidates on the ballot they're going to peel off like they did with Valley secession.''

Three Democratic members of Congress have called on Sen. Dianne Feinstein to run, while her colleague Sen. Barbara Boxer recently added her name to those who think the party should field a major candidate. Attorney General Bill Lockyer has warned the governor about running a campaign as negative as he did last year against Riordan and Bill Simon, who also is likely to run again.

Insurance policy

Some analysts said alternatively it might make sense for the party to pick a second-tier Democrat - one who is experienced enough to be capable of holding the governor's office just in case, but not so popular that Democratic voters would support the recall.

Jack Pitney, a professor of government at Claremont McKenna College, called it the ``political equivalent of a life insurance policy.''

``On the one hand you want protection in case the worst happens,'' Pitney said. ``On the other hand you don't want to make the policy so rich you want to knock off the insured.''

Democratic consultant Kam Kuwata predicts that no prominent Democrat will jump in, but agrees with the general consensus that if even one breaks ranks, they all will. He compares it to an intersection with a broken traffic light: No cars move, then one does and they all follow suit and crash into each other.

``I don't at this point expect there will be a major Democrat on the ballot next week,'' Kuwata said.

At this point, the best-known Democrat running could be Hustler magazine publisher Larry Flynt. Speaking to reporters Monday from the Beverly Hills office of his magazine, Flynt said he is serious about his candidacy, it is not a publicity stunt and that voters shouldn't discount him just because he is, in his own words, a ``smut peddler.''

``I don't think the business I'm in has anything at all to do with being a good governor,'' he said. ``I'm a staunch libertarian. I have fought for most of my adult life for the protection of free speech. I even took a bullet for the First Amendment.''

Since an assassination attempt in 1978, Flynt has been using a wheelchair.

Saturday deadline

The deadline for filing nomination papers is Saturday at 5 p.m.

Among the many Democratic names still being floated by some who would like to see a Democrat run is Insurance Commissioner John Garamendi, who has run for governor unsuccessfully in the past.

Democratic strategist Darry Sragow, who managed the gubernatorial campaigns of both Garamendi in 1994 and businessman Al Checchi in 1998, said both names are raised as potential candidates now because of their history.

``I talked with Garamendi and he is tossing it around in his head but he hasn't pulled any papers and hasn't made any of the kind of decisions needed to move forward,'' Sragow said.

``He's on a list because of where he is at this point in his career. His name, and others, are going to be mentioned. And they are all going to mull it over.''

As for Checchi, who raised the prospect of running but hasn't taken out any papers either, Sragow said he believes that the one-time candidate - who lost the primary election to Davis - is waiting to see whether people call on him.

A Garamendi spokesman said he is not interested in running.

``He's opposed to the recall and he has no intention of being a candidate in the recall,'' said Gary Gartner, a spokesman for the insurance commissioner.

Among those who took out papers in Los Angeles County on Monday were columnist Arianna Huffington, whose ex-husband, former U.S. Rep. Michael Huffington, is also a potential candidate, although she has previously said she would not want to be in the race if he is. Also, actor and comedian D.L. Hughley, who is based in Woodland Hills, took out papers as well.

Davis hopes the suit he filed with the California Supreme Court will get the election put off until the March 2 presidential primary and allow his name to be listed with the potential successors.

``Some lawyers filed some briefs and we'll see what the Supreme Court says,'' Davis said in a teleconference with reporters on an unrelated matter.

``I have about 64 days between now and the election and I am going to allocate virtually all my time to doing the job that the people elected me to do. I have great confidence the people of this state are fair-minded.

``Whether I have 64 days or 3 1/2 years, I will spend all my time on the state's priorities.''

Difficult voting?

His suit claims that because of the short time line until the election, polling places are going to be reduced to such an extent as to make it too difficult for people to vote. Also, he said, denying people the right to vote for him as a successor is unconstitutional.

Officials with the main group promoting the recall, Rescue California, called it a blatant political move not based on the law. Most Democrats believe they have a better chance of defeating the recall in March, when Democrats will be coming out in greater numbers for the competitive presidential primary.

``It's the latest desperate attempt by Gray Davis to hold on to political power by going to the courts,'' said Chris Wysocki, spokesman for Rescue California.

He said voters are not being denied their chance to vote on Davis because they will have the first part of the ballot, which requires a 50 percent majority to recall the governor. As for waiting until March, Wysocki said, ``California can't afford another five months of Gray Davis. He spent the state into bankruptcy.''

The latest nontraditional candidate to join the race is the comedian Gallagher, more known for spraying audiences with bits of the watermelons he smashes on stage than for his political views.

Gallagher, an Agoura resident, said he has been collecting signatures and is running to make a point about the system.

``I'm not asking for your vote, I just want to be on the ballot so I can make fun of this ridiculous process,'' the comedian said on KABC-AM (790) Sunday night.

One of his campaign slogans, he added, is: ``Why settle for amateurs? California deserves a professional comedian.''

Material from City News Service was used in this report.

Harrison Sheppard, [phone]

harrison.sheppard(at)dailynews.com