SUIT SEEMS INEVITABLE IF VOTERS OK MEASURE R LIMITS-EXTENSION FOE BACKS OFF; NEW OPPONENT SURFACES.

Byline: KERRY CAVANAUGH Staff Writer

Just five days before Election Day, national term-limit advocates said Thursday that they would drop their legal challenge to a term limits/ethics reform measure on the Los Angeles ballot if it is approved by voters.

Although he called Measure R the ``sleaziest, slickest'' campaign to allow City Council members a third, four-year term, U.S. Term Limits President Paul Jacob said his group would not challenge the will of voters.

Jacob's group had filed suit in September, saying the plan violates the state constitution's requirement that measures address only a single subject. While a state judge initially agreed, that ruling was overturned on appeal and the entire measure was allowed to stay on the ballot.

``We respect the voters of Los Angeles,'' Jacob said. ``We think they've been lied to, they've been tricked. But we still believe that if they vote to pass Proposition R, that is their right. We do not ever want to be in the position to strike down a vote of the people.''

John Shallman, consultant for the Yes on Prop. R Campaign, bristled at claims that the Committee to Reform L.A. is running the sleaziest campaign in the nation.

``Voters need to be very careful by this kind of political rhetoric, especially from a group ordered by a court to remove false and misleading statements from their ballot argument,'' he said.

But no sooner had Jacob announced his decision to a group of reporters on City Hall steps than North Hollywood activist David Hernandez proclaimed he'd pick up the lawsuit and try to overturn the measure if it passes.

``I am not going to reward these politicians by not challenging the issue,'' said Hernandez, who has sued Los Angeles County over its decision to remove the image of a small cross from the official county seal.

``I'm going to stand up for the voters who are not being represented,'' he said. ``My councilman is termed out and I'm not going to sit back and reward him with another four years.''

City Council members currently are limited to two four-year terms.

Opponents of the measure have raised less then $7,000 to fight it.

Supporters, meanwhile, have raised more than $536,000 from developers, unions and corporations that have business with the city. The Committee to Reform L.A. has used that money for controversial mailers that suggest that the measure would cap term limits rather than lengthen them.

Outspent, opponents had held out hope they could get the measure overturned in court.

In September, a Los Angeles Superior Court judge ruled that the measure violates the state constitution by combining two separate issues -- term-limits extensions and changes in ethics rules -- in one ballot measure.

The judge ordered it off the Nov. 7 ballot, but an appellate court put it back on and postponed a decision on the legality of the measure until after the election.

The court set a Nov. 28 hearing to consider whether the measure is legal. U.S. Term Limits said it would cancel that hearing if the measure passes.

The City Attorney's Office, which also had raised questions over the constitutionality of the measure, said it supported U.S. Term Limits' decision to leave the matter up to voters.

And Jeff Jacobberger with the Not PropR campaign, which was not part of the lawsuit, praised the decision to drop the legal challenge. Voters are already cynical about government and elections, he said.

``We think the campaign the proponents of the measure have been running increases that cynicism among voters, and a lot of postelection challenges make people feel like their vote doesn't matter and also increases cynicism,'' he said.

Supporters were happy to hear they may not have to defend the measure in court. Liza White, president of the League of Women Voters of Los Angeles, said she has hoped the court will uphold the measure.

``It's always nice when someone says they're not going to sue,'' said White, whose group co-sponsored the measure with the Los Angeles Area Chamber of Commerce.

``Voters have had an opportunity to review the measure fully and we have every confidence they will find this a good measure.''

kerry.cavanaugh(at)dailynews.com

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