A new poll shows the allegations against California Republican gubernatorial candidate Meg Whitman may be tainting the voter pool.

Challenger and former Democratic Governor Jerry Brown has taken the lead, according to the latest Rasmussen poll. The poll has Brown receiving 49 percent of the vote while Whitman gets 44. Virtually tied two weeks ago, Brown has widened the gap as Whitman has been left to answer a flurry of questions concerning the employment of an illegal immigrant.

Niki Diaz was fired in 2009 and has complained of poor treatment under the employment of Whitman. Celebrity attorney Gloria Allred has entered the fray by representing the former housekeeper, who claims Whitman was aware of her illegal status.

Allred has been under fire from the Whitman camp for representing Diaz at the request of Jerry Brown. Speaking with Megyn Kelly Monday afternoon, Allred was quick to deny this, claiming Diaz was referred to her by another attorney. She refused to disclose the source of the referral saying that she, "never ever say who refers cases."

Less than a month to go until the election, and this has the makings of an early October surprise.

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