women

SACRAMENTO — California Democrats caught a huge break with Eric Swalwell’s sexual assault scandal. It surfaced in early spring rather than midsummer.

Just think of the Democratic debacle that could have occurred.

What if the accusations of sexual misconduct, including alleged rape, had come to light after the gubernatorial candidate had triumphed in the June 2 primary and qualified for the November ballot?

Under California law, it would have been impossible to remove him from the ballot and insert a Democratic replacement.

“It would have been pretty devastating,” notes Assemblywoman Gail Pellerin (D-Santa Cruz), who heads the Assembly Elections Committee.

“It has given us a lot to think about.”

There’s a glaring flaw in California’s election system that should be fixed for the future. But exactly how is trickier than it might seem.

Here’s what I’m talking about:

Prior to April 10 — doomsday for Swalwell — the then-congressman from the East San Francisco Bay was leading the large field of Democratic candidates for governor. Just barely. But he was starting to pull away, based on polling and endorsements.

A survey conducted by the independent Public Policy Institute of California just before Swalwell’s accusers went public showed him leading all candidates — Democrats and Republicans — with 18% support among likely voters.

He was closely trailed by Republican Steve Hilton, a former Fox News host, with 17%. Another Republican and a Democrat — Riverside County Sheriff Chad Bianco and billionaire climate activist Tom Steyer respectively — were tied for third at 14% each. Democratic former Orange County Rep. Katie Porter followed at 10%.

You can now toss all those numbers in the trash. But the point is that Swalwell was headed for victory in the primary. His next stop was the governor’s mansion because no Republican has won a statewide race in California in two decades.

The Democratic front-runner was raking in endorsements from interest groups and democratic politicians. He was considered the safest bet in a generally unimpressive field, a regular middle-class guy — and a white male, the only ethnicity and gender that has ever been elected governor in California.

Former state Controller Betty Yee, a Democratic darkhorse candidate for governor, was pretty much on target when she observed after Swalwell’s campaign collapsed:

“The obsession with who looks the part [of governor] almost got us an alleged sexual predator in Sacramento — ignoring the reality we need to actually fix our fraught state.”

But what if the victims of Swalwell’s alleged sexual improprieties — five women at last count — had waited a few more months to go public? And that’s conceivable. After all, they had remained silent for years. Apparently the nightmare of their alleged assailant becoming governor inspired them to talk now.

Although Swalwell quickly dropped out of the race, there’s no way to erase his name from the primary ballot. But at least voters can choose among seven other “major” Democratic contenders.

If he had already won in the top-two primary, however, and a Republican had also qualified for the November ballot, Democratic voters would have been left high and dry.

Presumably no sane person, no matter how partisan, would vote to elect an alleged rapist as governor. But the only other choice would have been a Republican lackey of President Trump. He’d undoubtedly win by default in a landslide.

“If Democrats had been stupid enough to nominate Swalwell, they’d have been stuck with him,” says Tony Quinn, a Republican elections analyst.

“Even dying doesn’t get you off the ballot. You don’t want to be the party nominee? So what, you are.”

No write-in candidacies are allowed in California’s general elections, although they are in the primary. That’s an inexplicable flaw.

“I’ve thought for years there should be a write-in option to deal with such a problem,” says UCLA law professor Rick Hasen, an expert on elections law.

Also, he points out, California’s top-two primary system — which advances only the top two vote-getters regardless of party — “cuts out minor parties from being relevant. You ought to be able to write in a minor party candidate.”

One reason a candidate can’t be removed from the ballot, election officials claim, is that tens of millions ballots have to be printed early enough to mail to every registered voter one month before election day.

Nonsense. In this era of rapidly expanding technology, you’d think that dilemma could be resolved even within snail-paced government bureaucracies. If nothing else, mail out a supplemental ballot just for the governor’s race.

But a bigger question is exactly who would choose the replacement for a departed candidate.

In a presidential election, the party hierarchy — a convention or national committee — would choose another nominee.

But there are no party nominees in California’s top-two open primary system. Parties don’t choose candidates for the November election. Voters regardless of their party do. So, in Swalwell’s case, the Democratic Party alone wouldn’t be entitled to select his substitute — unless the law were changed.

Or, perhaps the No. 3 vote-getter in the primary could automatically be elevated to the general election. We then could wind up with two candidates from the same party. But at least there’d be a better choice than an alleged sexual predator.

“I kind of miss those days” when parties nominated, says Pellerin, who was Santa Cruz County’s chief elections official for 27 years. “It’s something I’ve been thinking about — whether this is the best primary system.”

As I recently wrote, my vote would be to junk the top-two system and return to pre-”reform” party-nominating primaries.

Advocates of the top two primary — including myself — thought it would produce more centrist officeholders. It really hasn’t. It has just caused additional problems — like occasionally sending two candidates of the same party to the November runoff.

Meanwhile, all California voters should be grateful that Swalwell’s accusers courageously went public in April, not August.

What else you should be reading

The must-read: Swalwell supporters scramble after he drops out of governor’s race. Who will benefit?
California love: Californians are pouring money into Democrats’ Senate races in other states
The L.A. Times Special: There’s a wide gap between rumor and fact. That’s where Eric Swalwell lurked

Until next week,
George Skelton

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England’s Lionesses are no strangers to making history.

The past decade has been rich in landmark moments; a first tournament medal, a first major trophy, and a first title defence – on foreign soil to boot.

When Sarina Wiegman’s side play Iceland in Reykjavik on Saturday (17:30 BST) they will reach another milestone – the 500th fixture for England’s senior women’s team.

The game is important for securing qualification for next year’s World Cup in Brazil, with England keen to win more silverware in the famous white shirt.

But regardless of the result, the match will be etched in history as a reminder of how far the English women’s game has come.

In 1921, the Football Association (FA) banned women’s football, considering the game “most unsuitable for females”, external.

The decision consigned women’s football to park pitches and small venues for half a century before the decision was overturned in 1971.

To mark 500 not out, BBC Sport takes a look at 11 defining moments in the history of England’s women.

The Indian government is seeking to expedite the implementation of a 2023 law that reserves 33 percent of seats in parliament and state assemblies for women, but has linked the move to a sweeping redrawing of parliamentary constituencies, sharpening political tensions.

“We’re set to take historic steps to empower women,” Prime Minister Narendra Modi said before a special sitting of parliament on Thursday as his government introduced three bills to be debated in the Lok Sabha, the lower house of parliament.

While two of the three bills relate to extending the number of women in parliament and state assemblies, a third bill relates to “delimitation”, as the process to redraw parliamentary boundaries based on population is called in India. The bill aims to increase the overall size of parliament from 543 Lok Sabha seats to 850.

The bills are being taken up during a three-day special session and will require a two-thirds majority in both houses to pass. Modi’s National Democratic Alliance (NDA) holds 293 seats in lower house of parliament while a two-thirds majority would require 360 votes.

Women currently account for 14 percent of the Lok Sabha members. “We are all united to give rightful positions to women in India,” Parliamentary Affairs Minister Kiren Rijiju said on Thursday.

Several Asian countries, including India’s neighbours like Nepal and Bangladesh, have similar quotas for women in national legislatures. India already mandates that one-third of seats be set aside for women in local governing bodies.

Opposition alleges ‘gerrymandering’

While there appears to be broad bipartisan support for putting more women into parliament, opposition parties have raised concerns over changing the voting boundaries, warning it could tilt the political balance in favour of Modi’s Hindu majoritarian Bharatiya Janata Party (BJP).

The BJP draws much of its support from the densely populated north, and critics said expanding seats in parliament would, therefore, benefit it the most. Leaders in southern states, where birth rates have declined more sharply, said a population-based delimitation exercise could increase seats in the north and disadvantage southern regions that have slowed population growth and built stronger economies.

The Indian Constitution mandates that parliamentary seats be allocated by population and revised after each census. However, boundaries have not been redrawn since the 1971 census as successive governments delayed the process.

The government is now proposing that delimitation of new seats be based on the last completed census, in 2011, and come into effect for the next general election in 2029.

But opposition parties want the government to wait for the results of an ongoing census, which was launched this month, a formidable logistical challenge that will take a year to carry out – and even longer for the data to be processed.

The main opposition leader, Rahul Gandhi, said that while his Indian National Congress party supports increasing the number of women in parliament, the government’s approach is aimed at consolidating power.

“The proposal that the government is now bringing has no connection to women’s reservation,” Gandhi said in a statement on social media. “It is merely an attempt to seize power through delimitation and gerrymandering.”

Congress parliamentarian Gaurav Gogoi alleged that the intention of the government was not to implement women’s reservation but to introduce delimitation “through the backdoor”, according to a report in India’s Scroll.in website.

Akhilesh Yadav, member of parliament from the Samajwadi Party, asked whether Muslims will be given some kind of reservation within the quota for women, The Indian Express reported.

The BJP pushed back on the criticism, saying it would implement a uniform 50 percent increase in seats across all states and maintain proportional representation nationwide. However, the draft delimitation bill does not explicitly spell this out.

Speaking in parliament, Modi said the legislation is “not discriminatory” and “will not do injustice to anyone”.

But the opposition was not convinced. Some members from southern states turned up in parliament dressed in black as a mark of protest.

MK Stalin, chief minister of the southern state of Tamil Nadu and a rival to the BJP, burned a copy of the bill and raised a black flag in protest, urging people across the state to do the same.

“Let the flames of resistance spread across Tamil Nadu,” Stalin said, accusing the BJP of trying to marginalise the state through redrawn boundaries. “Let the arrogance of the fascist BJP be brought down.”

It seems like a simple ask that male politicians don’t sexually harass or even rape women, but also, it seems like an open secret in Congress that sexual misconduct is too common.

Take Eric Swalwell, whose epic political immolation has captivated this week’s national political news, including a TMZ-obtained video of the then-congressman bleary-eyed in a bathrobe on a yacht that was literally the least-worst revelation.

For years “there were swirling rumors about Eric,” former Rep. Jackie Speier told me. Speier in 2018 thought she’d put in place tough new rules to stop sexual misconduct among her former colleagues, and the type of backroom shrugs that allowed men to prowl unchecked.

But despite her efforts, Speier, who represented a part of the Bay Area near Swalwell’s district until 2023, said the problem remains Congress itself, and the “crippling” power that elected officials have over their staffs. Don’t get her started on how that power imbalance is even worse for young lobbyists.

“I’ve always said that Congress is Hollywood for ugly people,” she said. “It’s a whole environment that becomes, I think, toxic.”

But also one that, she added, isn’t inevitable.

The 2018 change

In 2017, the #MeToo movement had swept into the public consciousness and ignited calls for change.

Armed with that outrage and the roiling fire of public opinion, Speier set out to change archaic rules that governed how sexual misconduct was handled in Congress.

“I’ll just run through what it was like,” she told me. “If you wanted to file a complaint, you had to be prepared to go through some period of counseling; to have a cooling off period; to participate in mandatory mediation; and sign an NDA, and then the taxpayers picked up the tab if there was a settlement. It was kind of jaw dropping to think that that was the policy.”

It wasn’t just policy, it was culture. Speier herself had been the victim of an assault when she was a young staffer — a senior staffer pushing her against a wall and forcibly kissing her. And like so many women, she put the episode aside and went on with her career because speaking out would have likely brought her more grief than justice.

But by 2017, she realized the public was at a “tipping point,” and, as she said then, “Congress has been a breeding ground for a hostile work environment for far too long.”

With Rep. Bradley Byrne, a Republican from Alabama, they passed the Congressional Accountability Act of 1995 Reform Act.

It did away with the weird and coercive requirement for counseling and a cooling off period and most significantly, forced sexual harassers to pay for their own settlements instead of pinning the cost on taxpayers.

But even with the new rules, some colleagues didn’t seem to get it. Speier recalled one man who, informed of possibility he would have to pay sexual harassment settlements out of his own pocket, asked if he could purchase insurance to cover those costs.

“How about you keep your zipper up?” Speier wondered.

The bigger problem

Still, Speier said she thought the law made a difference not just in how claims of misconduct were handled, but in the culture of Capitol Hill.

But, “over time it just was relaxed,” she said.

When Speier left office in 2023, Rep. George Santos (R-N.Y.) was under investigation for sexual harassment — a claim Congress deemed unfounded, but bounced Santos from its ranks for a bunch of other misconduct.

Let’s be real — Congress has never been without scandal.

But Speier said that doesn’t mean sexual abuse can’t be stopped. She just thinks the rules she put in place need to be even tougher: A zero-tolerance approach similar to what corporate America often enforces.

“I’m thinking now that the way to fix this may be something more direct and straightforward and simple, much like they do in the private sector,” she said.

“When the CEO is having an affair with a subordinate and it becomes known, he’s history. He’s relieved of his duties, and if we made it clear that if you sexually harass a staff member, or you have an affair with a staff member, you will be expelled, or you will be subject to expulsion of Congress, that will change their behavior.”

I love her enthusiasm and I support tossing out miscreant members, but I’m not sure even that will keep the zippers up. But there is always hope.

And something has to be done.

“These cases underscore the fact that these women do not feel comfortable coming forward,” she pointed out. “So we’ve got to figure out why and close that hole.

“Is it because they’re fearful that they’ll be retaliated against or that they’ll be ostracized or blackballed? I don’t know the answer, but I’m really urging my colleagues on both sides of the aisle to fix this, and part of fixing it is talking to these women who were, in fact, sexually harassed and assaulted and find out why they didn’t feel comfortable coming forward.”

That’s the real issue, and the real demand we should be making. From the Oval Office to district offices, too many elected leaders have proven they’ll use their power to obtain sex — by coercion or even force.

And too many women remain afraid to speak out because they still suffer both career and social consequences — a realistic fear that coming forward could end their own ambitions, or at least leave them battling to not be defined by the abuse.

Yes, Swalwell and others have been shamed into resigning.

But it’s past time to make sexual abuse a one-strike-you’re-out offense — for the perpetrator, not the survivor.

What else you should be reading

The must-read: Swalwell supporters scramble after he drops out of governor’s race. Who will benefit?
The deep dive: ‘Rebuilding After Fires, L.A. Neighbors Join Forces and Innovate
The L.A. Times Special: In L.A. County, many homeless people enter shelters, only to end up back on the streets

Stay Golden,
Anita Chabria

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