WHO KNEW? Those pesky pre-recorded phone messages — affectionately dubbed "robocalls" — that we routinely receive from political campaigns are illegal.

Yep, as in totally against state law. It says so right in the California Public Utilities Code, section 2871-2876.

Political robocalls are verboten unless they are introduced by a live person, which, of course, defeats that automated thing.

That's news to a lot of people.

Robocalls are one of the top campaign tools in the country, says the Pew Research Center. Six out of every 10 registered voters received one in 2006.

At pennies per call, they're cheap. They offer candidates a quick reach into the homes of thousands of potential voters. And unlike costly mail, you can't toss a call in the trash with the credit card offers.

If political robocalls are banned, why do we still get them?

Practically speaking, most candidates and voters have no clue this code exists. It's also true that many of the call centers are located out of state — beyond the state Public Utilities Commission's jurisdiction.

The PUC says it received only two robocall complaints in two years.

But there's a bigger issue: Squelching political robocalls is very likely an unconstitutional infringement on free speech.

"If California attempts to enforce this code, we would vigorously oppose it as a violation of free speech," said Sacramento-based campaign guru Wayne Johnson, chairman of the American Association of Political Consultants. "Yeah, robocalls can be irritating ... but the right to free speech carries the implication that you have the right also to be heard or it's meaningless."

For those folks who are fine with free speech as long as it doesn't clog their answering machines, Shaun Dakin in Virginia has created the "National Political Do Not Contact Registry."

It's modeled after the federal "Do Not Call" registry, which allows people to opt out of most commercial telemarketing schemes.

Signing up at www.StopPoliticalCalls.org won't stop the calls. Yet. That requires an act of Congress, for which Dakin is fiercely lobbying. (He supports U.S. Sen. Dianne Feinstein's stalled Robocall Privacy Act.)

"I'm not saying we should have a blanket ban on political robocalls because it is a free speech issue," Dakin said. "But it's also a privacy issue. People should have a way to opt out."

In the meantime, Dakin said, California should enforce its law. He is soliciting complaints from call-weary Golden State residents for use in a larger complaint to the PUC.

He already has a handful of gripes about Rep. Dennis Kucinich, D-Ohio, who sent out a robocall last week asking Californians to sign his online petition for impeaching President Bush.

Perhaps I'm excessively sentimental, but I would miss coming home to the blinking red light on the answering machine, with its sweet promise of famous voices.

I even got a message from Gov. Arnold Schwarzenegger once.

Oh, never mind, that turned out to be a nephew with a wickedly good imitation of California's famous governor.

GOT POLITICS? Read Inside Politics for the latest happenings at www.ibabuzz.com/insidepolitics:

  • Captain James Kirk of the Starship Enterprise, aka actor William Shatner, will fight global warming. He's already conquered tribbles, so what's a little heat?
  • The Sierra Club ran a radio ad last week promoting Rep. Jerry McNerney, D-Pleasanton, signaling that environmentalists intend to spend money here.

    AND FINALLY. Three-quarters of California's 53-member congressional delegation and both U.S. senators refused to fill out an issues questionnaire sent every election by the nonpartisan Project Vote Smart.

    The poor results show up in its latest "Voter's Self-Defense Manual." (To order a free copy, call 1-888-868-3762.)

    Increasingly, candidates eschew the four-page questionnaire on the advice of consultants. The format fails to capture the nuances of complex policies, they say, and provides ammunition to their opponents.

    Granted, it's an imperfect process.

    The test queries candidates on abortion and energy. But it also calls for a 100-word Iraq proposal, a daunting task for even for the most concise writer.

    McNerney made a huge political misstep in 2006 after he changed dozens of his answers between the primary and general elections.

    He won't make that mistake again. McNerney said no to this year's primary questionnaire and so did Republican challenger Dean Andal.

    The men have lots of company.

    Presumed GOP presidential nominee John McCain, a Project Vote Smart founding member, was kicked off its board after he snubbed the test during his last U.S. Senate campaign. So did Barack Obama, the presumed Democratic nominee.

    It's easy to see why candidates don't like the questionnaire. Campaigns are all about controlling the message.

    But what about the voters?

    This questionnaire consolidates into one place a uniform, independent set of questions of candidates on a variety of issues. It's not perfect, but it sure beats a robocall during dinner.

    Reach Lisa Vorderbrueggen at 925-945-4773, lvorderbrueggen@bayareanewsgroup.com or www.ibabuzz.com/insidepolitics.