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Brown Blocks GOP Assembly Takeover as 1 Republican Bolts : Legislature: A prolonged deadlock over the speakership could paralyze the lower house. The GOP loses advantage when a member switches to independent status.

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TIMES STAFF WRITERS

Stunning the Capitol and throwing the Assembly into gridlock Monday, Democratic Assemblyman Willie Brown blocked the GOP from seizing control of the lower house by persuading a lone Republican to renounce his party affiliation and vote for Brown as Speaker.

Brown, who has survived as Speaker for 14 years, matched Republican Leader Jim Brulte vote for vote as the 80-member house split with 40 voting for Brown and 40 for Brulte.

The deadlock raised the prospect of a months-long battle for the speakership, leaving the house unable to appoint committees or act on legislation. Some members suggested a shared speakership with neither party in control.

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“We’re just kind of stuck here,” said Assemblyman Phillip Isenberg (D-Sacramento).

Before Monday the Assembly had never failed to elect a Speaker, who is responsible for appointing committee chairs and controlling most other functions of the house, on the first day of the session. The lower house adjourned late Monday and planned to meet again today.

Assembly Republicans were openly angry and accused Brown of trying to “steal the election” after the Democrats lost numerical control of the house in the November election.

But Democrats noted that with Paul Horcher switching to independent, the GOP no longer had a majority in the Assembly. They also charged that Republican Richard Mountjoy from Arcadia was improperly voting in the Assembly because he intends to take a Senate seat he also won on Nov. 8.

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One by one, Democrats and Republicans cast their votes for Speaker along party lines as their names were called out alphabetically by the clerk of the Assembly. But when the name Paul Horcher was called out, the assemblyman from Diamond Bar--who was elected as a Republican--slammed his fist on his desk and roared out, “Brown!”

Horcher’s emphatic vote stunned the chamber. Republicans won 41 seats in the Nov. 8 election, giving them a slim majority for the first time in 25 years. But Horcher’s switch meant that the GOP had failed to wrest the speakership from the Democrats--at least for now. He later said that he was leaving the Republican Party to become an independent and that he was disenchanted with the rightward tilt of the GOP.

After the votes were in, Democrats huddled around Horcher, shaking his hand, patting him on the back and shielding him from angry Republicans.

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Later in the afternoon, Horcher was escorted from the floor by Assembly security guards because of death threats received at his office.

Horcher’s vote appeared to be a surprise to many of those on the Assembly floor and gallery, although it was not a surprise to Brown, who has been wooing Horcher for months.

“He was bought fair and square by the Speaker (Brown),” alleged Assemblyman Trice Harvey (R-Bakersfield), who went on to call Horcher a “political whore.” When Democrats demanded that Harvey retract the statement and apologize, Harvey responded, “I’m sorry he’s a whore.”

Brulte, of Rancho Cucamonga, was still fuming at day’s end over what he viewed as a double-cross. He said he was assured by Horcher’s chief of staff that the wayward Republican would vote for him.

“He’s a Willie Brown independent,” Brulte said sarcastically. “His district is contiguous to mine and I don’t think Willie Brown independents are going to be real popular down there.”

Gov. Pete Wilson, hoping for the first time in his tenure to have a Republican Speaker, was more temperate. “We were a little less than pleased, I can say, with Mr. Horcher,” said Sean Walsh, Wilson’s spokesman. “We have the utmost respect for Speaker Brown. . . . But clearly the governor’s preference is to have a Republican Legislature there.”

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Horcher said Brown promised him nothing for his vote, adding: “No one is ever going to try and buy or sell my vote.” Brown also said no deal had been made, but when asked what role Horcher would play if Brown retains the speakership, said, “I can assure you it will be an enhanced one.”

Both Brulte and Brown insisted that they would emerge victorious in the political brawl, although neither could say how the end might come.

“It will be resolved,” said Brown in a brief interview, “when the parties on both sides of the aisle understand that a house with such a small difference cannot operate without some basic understanding about every aspect of the control and delivery system.”

At least one Democrat, Dominic Cortese of San Jose, said he was considering voting for Brulte, but not until Brulte obtains one other vote. Brown’s allies, meanwhile, were hoping to persuade Doris Allen (R-Cypress) to switch her vote.

“It’s an opportunity for moderates to have their say,” Cortese said.

The Assembly arrived in the Capitol for the start of a new session with only two orders of business at hand: swearing in of members and electing a new Speaker.

The first-termers and the returning members brought their children, spouses, nannies and parents to witness this high point in their political lives, and then had planned to leave to savor their new offices at receptions.

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The day began on a note of collegiality with Republicans and Democrats congratulating one another on their election victories. In the opening prayer, the pastor called on the politicians to put aside partisan concerns for the betterment of the state of California.

But the session quickly degenerated into name calling, and charges that Brown was trying to thwart the electorate. Late in the afternoon, Brown asked that the Assembly recess until Jan. 4. But Republicans were not willing to give up quite so quickly.

“You’re not going to steal an election in private,” an angry Assemblyman Ross Johnson (R-Placentia) told Brown, refusing to agree to adjourn. “You’re going to steal it in public out here in front of God and the television cameras and everybody else.”

As family members left the ornate chamber, Brown and Brulte milled and conferred with the members, trying to convince one or more of them to bolt their party and break the deadlock.

“This is stuff people hate,” said freshman Assemblyman Wally Knox (D-Los Angeles). “I just hope we get down to business.”

In a written statement, Horcher announced that he was now one of three independents in the Legislature. Indicating that he was wrestling with his decision until the end, Horcher said he had prepared a second statement--one he did not release--in the eventuality that he decided to stick with the GOP and vote for Brulte.

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In the statement he did release, Horcher enumerated many wrongs he believes the GOP had inflicted on him.

“Unfortunately,” Horcher’s statement said, “the right wing of the Republican Party is in control of the Assembly Republican caucus. . . . Assisting these individuals in gaining control of the Assembly would be detrimental to the needs of my district.”

Horcher signaled that he was not with the GOP program early in the day when he failed to attend a private conference of the Assembly Republicans in the governor’s office before the session.

But on leaving the private morning caucus, Brulte expressed confidence that he would emerge as Speaker with Horcher’s help, saying, “Horcher is with us.”

Several Republicans have threatened Horcher with a recall. The Rev. Louis Sheldon, director of the conservative Christian Traditional Values Coalition, which helped elect several Republicans to the Legislature, was more blunt.

“If Horcher doesn’t vote straight (for Brulte), Jesse Helms’ comment about Clinton going to North Carolina will sound like Sunday school talk,” Sheldon said before the session, referring to Helms’ comment last month that President Clinton should bring a bodyguard if he travels to a military base in North Carolina.

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Brulte, 38, had engineered the Election Day upset that saw Republicans gain eight seats in the Assembly and seize a majority in the lower house. But he was unable Monday to carrying the GOP victory at the polls to the next step--electing a Republican Speaker.

While Brulte, beginning his fifth year in the Assembly, has demonstrated an ability to raise money and win elections, he cannot match Brown’s experience. Brown, entering his 31st year in the Assembly, has seen and been involved in many speakership fights.

Twice before, Brown, 60, used Republicans to achieve and maintain control of the house. He won the powerful post in 1980 with the help of Republicans, and fought off a serious challenge mounted by conservative Democrats and Republicans to his speakership several years later by persuading Republicans to side with him.

Brown had insisted since the Nov. 8 election that Brulte lacked the 41 votes needed to become Speaker, implying that the speakership vote would end tied at 40-40.

Delay in a resolution works to the Democrats’ favor. Richard Mountjoy was elected to the Assembly and also won a special election to a state Senate seat on Nov. 8. He insisted he intends to remain in the Assembly until the speakership is resolved.

But as soon as Mountjoy leaves for the Senate, the number of Republicans supporting Brulte as Speaker would fall to 39, leaving Brown with a majority of those remaining and perhaps the speakership.

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Several Democrats demanded that Mountjoy vacate his seat immediately, and Assemblyman Byron Sher (D-Palo Alto) attempted to win passage of a rule denying Mountjoy the right to vote for Speaker.

In the upper house, where Democrats hold a one-seat majority, Senate leader Bill Lockyer (D-Hayward) gave no indication of whether he intends to pressure Mountjoy to take his seat in the Senate.

“I don’t have a current plan other than to consult with my colleagues and legal counsel,” Lockyer said. “We’ll wait and see.”

The Senate organized itself Monday for the new 1995-96 session and reelected Lockyer as president pro tem. In a symbolic gesture, newly emboldened minority Republicans tried to replace Lockyer with veteran GOP leader Ken Maddy of Fresno but failed.

The action struck a stark partisan tone in the traditionally staid Senate. The GOP increased its number in the Senate to 16--17 with Mountjoy. There are 21 Democrats and two independents.

Also in the Senate, conservative Republicans ousted moderate GOP Sen. William Craven of Oceanside from his post as one of two Republicans on the powerful Senate Rules Committee, and replaced him with conservative Sen. John Lewis of Orange. Even as he retained his Assembly seat, Mountjoy said he participated in private Senate Republican discussions over Craven’s ouster. The three other members of the committee are Democrats.

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“They have their favorites and I’m not one of them,” said Craven, a critic of politically conservative Christian politicians.

Times staff writers Jerry Gillam, Dave Lesher and Daniel M. Weintraub contributed to this story.

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