In California's era of term limits, there are those who are in and those who are out.

There are clear advantages to being in.

The power of incumbency appears to be asserting itself in the contested Democratic primary in the 23rd Senate District, which takes in Oxnard and Port Hueneme. The contest, one of the most closely watched Democratic primaries in the state, pits former Assemblywoman Fran Pavley of Agoura Hills, who was termed-out in 2006, against current Assemblyman Lloyd Levine of Van Nuys.

It is one of five Senate primaries in California this spring in which a former member of the Assembly is pitted against an incumbent Assembly member.

"We're seeing this all over the state," said Kenneth Burt, political director for the California Federation of Teachers. "It's the exception that somebody out of power can beat somebody in power. Money and press attention flows to the person in power. It's like the law of gravity."

Former Assemblyman George Nakano of Torrance has been through such a war and has the wounds to show for it. Termed out in 2004, Nakano lost a 2006 Democratic Senate primary against an incumbent assemblywoman, Jenny Oropeza of Long Beach.

"The person in office has the advantage in lining up endorsements," Nakano said. "The person who's in office has a vote on legislation. The third house might be reluctant to go against them."

Third house' is the term commonly used in political circles to collectively describe lobbyists.

With the state grappling with a $9 billion budget deficit this year, lobbyists are fighting to protect their clients' interests against budget cuts. They are acutely aware of who's in power and who is not.

Appealing to unions

In case any in the labor community were unclear on that score, Rep. Howard Berman of Los Angeles, a Levine supporter, bluntly reminded union leaders of the facts of life in a "Dear Brothers and Sisters" letter sent earlier this year.

"Lloyd Levine is the only candidate in this race who is currently serving in the Legislature," Berman wrote. "His ability to deliver for labor in a tough fight will be critical this year."

Berman closed the letter with a personal note: "Your support will be deeply and personally appreciated."

The backing of organized labor, with its ability to get out the vote, could be particularly important in what is expected to be a very low turnout primary June 3.

Earlier this month, Levine picked up the endorsements of the California Labor Federation and the influential California Teachers Association.

The latter endorsement personally stung Pavley, who spent 30 years as a classroom teacher in the Moorpark schools and notes that she and her retired schoolteacher husband, Andy, collectively paid union dues to the California Teachers Association for 59 years.

"I sort of dismissed it as a political decision," she said. "In Sacramento, a lot of people are nervous."

Local labor leaders say the actions of the statewide unions reflect not a power play by an incumbent lawmaker, but rather a genuine affection for Levine, who comes from a Los Angeles political family with longtime connections to the labor community.

"Personally, I love Lloyd Levine," said Marilyn Valenzuela, executive secretary-treasurer of the Ventura-based Tri-Counties Central Labor Council.

Levine said he received the endorsements "not because of leverage, but because I have been there for labor in many different ways." He noted he has gone to the fields in support of farmworkers and to the streets of Los Angeles in support of janitors.

'It's local control'

Arleigh Kidd, who heads the California Teachers Association's regional operation in Moorpark, Simi Valley and Conejo Valley, said the endorsement of Levine was made not by state bosses but by local union representatives after interviews with both candidates.

"When it comes to candidate recommendations, it's local control," he said.

Levine hasn't swept the labor endorsements. Pavley has the support of such union locals as the Oxnard Federation of Teachers and the Ventura County Deputy Sheriffs' Association. She also has some statewide labor support, including that of the Peace Officers Research Association and the California Professional Firefighters.

Observers in Sacramento say those endorsements haven't gone unnoticed by the incumbent.

They note that when a bill sponsored by the firefighters' union that seeks to use money from the state's Antiterrorism Fund to purchase thermal imaging equipment for firefighters came before the California State Assembly Committee on Governmental Organization on April 9, Levine abstained from voting. The measure passed on a 12-0, bipartisan vote.

Levine said his abstention was not an attempt at payback, but rather an expression of his concern that money should not be spent on new programs at a time when existing programs are being cut back.

California Professional Firefighters representative Carol Wills said the union makes its endorsements without calculating the potential effect of alienating a sitting lawmaker. "We go on the record of the candidates. It doesn't matter to us who is in or out."

Celebrity endorsements

In one respect, Pavley has so far defied natural political laws: Even though she's out of office, she has been able to raise more money than Levine.

Through March 17, she had taken in more than $875,000 in contributions and ended the reporting period with $680,000 in the bank. Levine had raised $460,000 and had $360,000 in his account.

Pavley has offset the incumbent's natural advantage in Sacramento fundraising by tapping into individual contributors in the affluent portions of the district, which include Malibu, Santa Monica, Beverly Hills and Pacific Palisades. She notes with pride that her endorsement list includes such entertainment industry notables as Rob Reiner and Robert Redford.

Tapping into the institutional support of interest groups in Sacramento, she said, has been more of a challenge.

"Some of the third house people, they'll tell me they don't want to make him angry," she said.