The backers of the ballot initiative to repeal the gas tax have a Plan B for Prop 6.
"We intend to punish the attorney general for changing the ballot title on Prop 6 to confuse the vote," says Reform California Chairman Carl DeMaio.
That punishment will take the form of a recall effort of Attorney General Xavier Becerra should Prop 6 fail. DeMaio says another avenue for striking back at Becerra would be to file a fraud lawsuit. DeMaio accuses Becerra of committing voter fraud by using polling data and advice on the wording of the title of Prop 6 from the No campaign. DeMaio says he has proof, but he's not releasing the evidence. He says it will factor into future litigation.
"It's not a mistake what he did. It was willful, it was intentional," says DeMaio.
Becerra is in the middle of a campaign to retain his post as attorney general. Becerra's campaign spokesman Roger Salazar offered a one-line response to the charges.
"We don't respond to publicity stunts."
The latest Thomas Strategies/KFI/NBC4 poll showed narrowing support for Prop 6 with only 35.9 percent of likely voters saying they would vote yes. DeMaio blames the lack of support on voter confusion over the ballot language.
"The result has been that people who want to vote yes on 6 are actually voting no," says DeMaio.
He says the phrase "gas tax repeal initiative" was taken out of the ballot language and replaced with "eliminates certain road repair and transportation funding."
Opponents of Prop 6 say this late-campaign announcement shows the effort to repeal the gas tax is sputtering.
"I think they're desperate, they know they're on the wrong side of history," says Los Angeles Mayor Eric Garcetti.