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Election Analysis: Money and Endorsements Didn't Necessarily Pay Off

Gilbert Wong won a second term on council, but he couldn't convince voters to elect Marty Miller, who was beat by the grassroots organizing of Rod Sinks.

Cash may be king, but Tuesday night’s Cupertino Council election results proved that sometimes good old fashioned grassroots organizing trumps even a big campaign chest.

The results have yet to be certified by the Registrar of Voters, but initial results indicate that newcomer Rod Sinks won his first bid for election over both long-time Fremont Union School Board Trustee Homer Tong and three-time council candidate Marty Miller, despite raising less money than Mayor Gilbert Wong and Miller, and garnering less big-time political endorsements. Even heavy campaigning by first place winner Wong wasn’t enough to bring Miller onto council.

Initially Miller was right behind Sinks in the results, but on Wednesday updated results showed that Tong pulled ahead of Miller, who fell to fourth out of a field six. Donna Austin finished fifth, and Chris Zhang came in sixth.

What Sinks, a long-time scoutmaster and successful businessman, had was careful preparation, a broad base of volunteers and supporters, and a systematic approach to courting voters and key Cupertino leaders such as Councilmember Orrin Mahoney and former mayor Richard Lowenthal (Mahoney also backed Wong, but broke ranks with Wong and Vice Mayor Mark Santoro who were backing Miller).

It didn’t hurt that Sinks started the campaign with the support from possibly hundreds of members of the Bay Area Clean Environment (BACE) group, which he helped found.

His focus on environmental issues, especially possible pollution from the Lehigh Southwest Cement Permanente Plant, (which also endorsed Wong) and the League of Conservation Voters (which could have endorsed two candidates, but only endorsed Sinks).

Although that link to BACE and its primary founder Councilmember Barry Chang was at times a double edged sword. For example, the San Jose Mercury News dismissed Sinks as being “in league” with fellow candidate Tong, also backed by Chang, and the editorial board theorized that the two would “obsess” on the Lehigh issue to the exclusion of other city issues.

Earlier in the year for being abrasive, and it probably wasn’t a mistake that the editorial board and others tried to link Sinks and Tong to Chang as being a negative.

Voters didn't seem swayed by the attempts, giving Sinks and Tong enough votes to come in second and third. What worked against Tong was most likely the fact that he maintained a busy schedule as a De Anza instructor and a school board trustee while running for office. He did not build a broad grassroots group as Sinks did. Had Tong done that, Sinks and Tong might have been able to edge Wong out.

—he raised two to three times what other candidates raised—but he apparently lacked the influence with voters to convince them to bring Miller with him.

He campaigned hard for Miller, sending out a letter to voters, “From the desk of Mayor Gilbert Wong”, and donating $3,500 to Miller’s campaign from his own campaign fund. Miller had nearly every key endorsement from South Bay politicians that Wong had. Many of the same developers who donated large amounts to Wong in turn gave to Miller. Some developers had as much as $10,000 invested in the two men.

In addition, Santoro also pounded the pavement for both Miller and Wong, and sent a letter to the Cupertino Courier two weeks before the election urging voters to elect the two. At the same time his letter subtly attempted to characterize Sinks and Tong as “Barry’s boys”, linking them to Chang.

In the end, all their arguments in favor of Miller were not enough to convince voters to propel him to the council.

Yet it wasn’t the only failed attempt to influence voters. They were also not completely swayed by negative campaigning against Wong for numerous contributions from developers and landowners. Tong sent out thousands of flyers in the final week depicting shadowy figures backing Wong and Miller.

An unidentified source distributed unflattering political cartoons about Wong on the Internet, hammering him for his large developer contributions, and claiming he favored helping Lehigh, among other issues.

As Wong himself pointed out, a 2008 citywide survey showed that 93 percent of residents are satisfied with city services. Perhaps enough voters decided Wong had contributed to that high level of satisfaction and thus had earned another term.

So what’s ahead for the council in 2012?

Sinks will be sworn in Dec. 6 for his first four-year term, and Wong will be sworn in for his second term, and will step aside as mayor for the next council member to take over the post. Kris Wang will step down, having termed out of her time on council.

Vice Mayor Santoro is expected to be elected by the council to the position of mayor. Stranger things have been known to happen, however, like when the council blocked Chang from becoming vice mayor last year.

If he does win, Santoro will find himself leading Sinks, who he actively campaigned against, and Chang, who he has clashed with in the past.

Mahoney is in the last two years of his final term on council. He’s an independent thinker who is not afraid to speak his mind. He could be the deciding vote in issues where Santoro and Wong side on an issue verses Chang and Sinks, particularly when it comes to Lehigh.

Although despite what some feared during the campaign, don’t expect Sinks to vote in lockstep with Chang. Sinks distanced himself during the campaign from Chang at times. That flyer depicting the shadowy developers? Chang helped distribute the flyer. Sinks probably could have been included on the flyer, but wasn’t.

As to who will be elected vice mayor, it most likely won't be Chang again, since Mahoney and Wong didn't support him last year over Santoro. Patch is guessing Mahoney, if he wants it. 

Susan November 10, 2011 at 04:32 pm
Is it possible to get the big money out of our elections? In addition to candidate ballot statements, there were 3 televised forums; what more do we need to make an informed decision?
Cupertino Campaign Finance Reform Ordinance, Rev. 1: No non-resident of Cupertino, corporation, limited liability company, or other business entity of any type shall be allowed to contribute any money, directly or indirectly, to any candidate for Cupertino City Council. Cupertino residents (over the age of 18?) shall be free to contribute no more than the equivalent of $X to any Cupertino City Council candidate during any election cycle. Contributions shall not exceed X amount, and a candidate may NOT keep for their personal benefit excess of that amount, or donate the excess to any other individual, campaign or organization. Any excess amount raised shall be returned to the donor within 60-days of the election. Unclaimed donations shall be contributed to the City of Cupertino general fund. Political Action Committees that raise money independently, either for or against a specific candidate, shall no longer be allowed to participate in City of Cupertino elections. Campaign sign litter restrictions: The total number of campaign signs a candidate may distribute is X. Only one (1) campaign sign per candidate may be placed on any given property. Etc... your thoughts?
Frank Geefay November 10, 2011 at 06:40 pm
Actually there is a much easier way which is currently being done at County elections:
Santa Clara Board of Supervisor elections have donation limits: 1. For candidates who sign up for spending limits, the maximum donation is $500/donor 2. For candidates who do not sign up for spending limits, the maximum donation is $250/donor Such donation limits serve to limit the effect of special interest donations and would have prevented what has just occurred. County elections are many times larger than ours. If they can do it so should we. In addition I would like to see a total donation limits of $35,000 from ALL sources, direct or indirect. Excess donations must be returned to the donor. This will eliminate the practice of transferring large amounts of excess donations to future campaigns and level the playing field for candidates who are unable to receiving large donations.
John Bartas November 10, 2011 at 06:44 pm
The Cupertino Patch has been doing a stellar job covering the local news. The article above nails the reasons for the results in Tuesday's election. The Patch "gets it", unlike the Mercury news and their Scott Herold hit piece against Barry Chang. I think the Merc's main market niche is now training puppies.
Daniel Nguyen November 10, 2011 at 07:38 pm
Cupertino Patch keeps railing the Mercury News for being biased yet it clearly all but endorsed Homer and Rod for this election and essentially was a proxy for a series of hitpieces against Gilbert. It excused Homer for not winning due to his busy schedule but neglected to touch upon the fact that Marty also works full-time and that that fact may have contributed to the results. It points out all of the reasons Marty should have won but ignores all of the reasons Homer should have won, including his being a school board member for two decades. I hope that in the future The Patch shifts toward more balanced reporting or recognize that it is a severely biased publication.
Susan November 10, 2011 at 07:48 pm
The Merc. reminds me of the Sports Illustrated cover jinx, where their favorite ends up losing. The last Cupertino election, they were 1 for 3 with their endorsements.
They published two pre-election articles this time that called out the out-of-town developer money influencing Sunnyvale's Measure A, but not a peep about the obscene amount of special interest money Wong collected, or that he turned around and donated some of it to other campaigns. Had they not turned a blind eye, Wong would of lost badly. Herhold self-righteously concluded: "On Tuesday, the voters get to decide, and there are signs of a backlash to the more than $18,000 donated to the pro-Measure A forces. Sunnyvale needs seven thoughtful people at the top, not an elected leader with ambitions for higher office." The Merc. sold their credibility a long time ago. Viva la Patch!
Pam Marino November 10, 2011 at 07:59 pm
Daniel, I couldn't disagree with you more on your statement that Patch "clearly all but endorsed Homer and Rod for this election." Please point specifically where you got that idea. I also don't agree that patch is "railing the Mercury News for being biased". I pointed out the facts of what happened, and added my analysis of the situation (it is an analysis piece, not a news piece). As to Patch being a "proxy for a series of hit pieces against Gilbert", it is true that people who were against Wong chose to use the free speech forum that the platform provides, but those who support Wong could have just as easily used that same forum. It is open to all. I also have to disagree with your statement that Patch is a "severely biased publication." As a Patch freelance contributor, I strive to provide balanced reporting and to shed light on issues, in some cases issues that have gone uncovered by the local press. Shedding light on facts is not biased reporting, but in fact responsible reporting, in my own opinion (I am not an employee of Patch, by the way).
John Bartas November 10, 2011 at 08:51 pm
IMO Pam is correct. The appearance of bias comes from the fact that supporters of Sinks and Tong (myself included) read & comment on the Patch regularly. If no one bothered to log in and speak for Mayor Wong and his supporters don't blame the Patch.
For the record, I don't think the Mercury is biased either, just under-budgeted for true news reporting. I don't think they have any real investigative reporters left - Scott Herhold is an "opinion" columnist, not an investgative reporter. I learned this some years back when religous fanatics were threatening Stevens Creek Elementary School, and Herhold wrote an article defending the fanatics. One of us parents wrote and email asking Herhold why he was siding with thugs who threaten children, Herhold wrote back that the thugs had sent him a press release, and the parents had not. He didn't even bother trying to find the facts before publishing his opinion column. So it was no surprise to me when he joined an obviously well-financed attack against Barry Chang, again without bothering to check his facts. I'm sure someone sent him a nice easy-to-read press release telling him what to say.
Neighbor NextDoor November 10, 2011 at 09:03 pm
Daniel, you seem to choose overlooking your own bias and neglecting the unprecedented influence by the special interest groups (developers, investment property owners and PACs). That is very cleaver but fools no one. What is the matter? Are you afraid of being left out by the political establishment when you run again for anything anywhere? BE aware that the days of the dominance of the self-styled "Asian American Godfather" is numbered. His own re-election to the state assembly or run for a higher office will definitely be challenged and even defeated.
You'd be much better off to take the side of the grassroots and the voters.
Susan November 10, 2011 at 10:22 pm
Blaming others for someone else's failure to stand up and be counted is nonsense. Was it also Patch bias that neither Gilbert or Marty bothered to submit a Meet the Candidates article to the Patch? And the truth, no matter how unpleasant, does not qualify as a hit piece, especially when there was ample time to respond.
Anne Ernst (Editor) November 10, 2011 at 10:24 pm
Daniel, I also disagree with you wholeheartedly. What you don't know is that while the flurry of comments was being posted on Patch in reference to the campaign funding article we ran, I personally reached out to Gilbert Wong and other candidates and reminded them that they and their supporters can use Patch to respond to any comments—good or bad.
I also offered to ALL of the candidates the opportunity to provide a bio and campaign statement so that they all had a forum in which to present themselves to Patch readers. Take a look back through the site and you'll see that Gilbert Wong and Marty Miller were the only two who chose to NOT participate. I even contacted them additional times to remind them of this opportunity. I hardly think that anything that has run on Cupertino Patch could be construed as "railing the Mercury News." What you may be reading as "railing" may be coming from the readers and their comments, not Patch contributors such as Pam Marino. Marino is an exceptionally balanced reporter and I felt that her analysis was spot-on, as is all of her reporting. The format of Patch is such that we encourage users such as yourself to engage in dialogue on the site, so though we disagree on this I am quite pleased to see you weigh in. We believe that the platform, if used by many, will lead to a healthy exchange of ideas, opinions, and solutions, to help make the community grow and prosper.
Frank Geefay November 11, 2011 at 02:20 am
The Cupertino Patch's appearing biased is a matter of repeated exposure by other local news media in praise of Gilbert's activities as Mayor. He has been raised to such a high level by repeated exposure and endorsements by such media as the San Jose Mercury and Courier that it seeing as if the Patch is biased when publishing uncomplimentary facts so obviously absent from these other local media sources.
In fact the Patch states the same facts about all candidates. So an excellent argument can be made that other local news media are biased towards Gilbert by their lack to present unfavorable facts and their open endorse of him. I saw no endorsements from the Patch. If the San Jose Mercury cannot get reporters to report the news then how can a small news media such as the Patch do it and do it so well? The claim of bias is clearly being directed towards the wrong news media.
Rod Sinks November 11, 2011 at 03:28 am
The Patch published the most interesting stories of the campaign in my opinion. Given the questions asked at the League of Women Voters and APAPA Forums on campaign financing, it was frankly surprising that only the Patch picked up the story. And it was told in a completely fair way, enumerating donors of over $1000 to all six campaigns.
As for the headline of this story, I'm actually proud to have received a broad, diverse set of local endorsements rather than the county, state and federal politicians that Gilbert and Marty solicited. I also wonder if voters didn't tire of seeing the same headshots of Liz Kniss, Paul Fong and Joe Simitian on mailer after mailer. As I stumped the city, many voters told me that my mailers were actually interesting to read. A few voters showed me the "Vision" piece tacked up on their bulletin boards. One voter drove up to my home (the mailer return address) expecting to see the spectacular round building depicted in Apple's rendering of their new campus. I was sorry to disappoint him, but after several minutes, he left with a lawn sign, convinced I was worth supporting.
Frank Geefay November 11, 2011 at 04:35 pm
Very well stated. Too much of the same old thing can be monotonous and counterproductive. There is too much focus on matters not important to the community as a whole that also needs a refreshing change on City Council.
Hopefully Rod can change the dynamics on City Council to refocus on the campaign promises made by all candidates. We must hold them accountable so they won't keep making the same mistakes over and over again.
Susan December 9, 2011 at 07:15 pm
A MUST see video! Sen. Bernie Sanders on Thurs. proposed a constitutional amendment to overturn a Supreme Court ruling that allowed unrestricted and secret campaign spending by corporations on U.S. elections. The amendment would reverse the narrow 5-to-4 ruling in Citizens United vs. the Federal Elections Commission.
Video: http://www.youtube.com/watch?v=G9qZZVqSQdo Show your support - sign the petition at http://sanders.senate.gov/savingdemocracy
Frank Geefay December 10, 2011 at 04:07 pm
It is no surprise that politicians (including city council) do not want campaign donation reform. It goes against their self interest in raising money for their campaign even if they end up owing favors.
Barry Chang, on the other hand, wants campaign reform because he is on a lifetime missions: to bring the will of the people, not corporate America, into focus in city, state and national governments. Isn't this the basis for America's democratic republic? It would seem unpatriotic to empower multinational corporations to pay for elections especially since they are a source for unlimited funds. This would simply give even more political power to corporations through favors owed by our elected officials. This simply makes me loose faith in our form of government. Maybe Democracy isn't all about empowering people but instead of giving more power to multinational corporations. So is this the idea we are trying to sell in our foreign policy to other nations. Is this what our young and brave soldiers are shedding their lives and blood for on a daily basis? Is this what we are really all about? I doubt this amendment will pass. But if it does then we the residents of Cupertino should demand campaign reform for our city elections.

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