California Citizens Redistricting Commission
   HOME

TheInfoList



OR:

The California Citizens Redistricting Commission is the
redistricting commission In the United States, a redistricting commission is a body, other than the usual state legislative bodies, established to draw electoral district boundaries. Generally the intent is to avoid gerrymandering, or at least the appearance of gerryman ...
for the
State of California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
responsible for determining the boundaries of districts for the
State Senate A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', whil ...
, State Assembly, and Board of Equalization. The commission was created in 2010 and consists of 14 members: five Democrats, five Republicans, and four from neither major party. The commission was created following the passage in November 2008 of California Proposition 11, the Voters First Act. The commissioners were selected in November and December 2010 and were required to complete the new maps by August 15, 2011. Following the 2010 passage of California Proposition 20, the Voters First Act for Congress, the commission was also assigned the responsibility of redrawing the state's U.S. congressional district boundaries following the
congressional apportionment United States congressional apportionment is the process by which seats in the United States House of Representatives are distributed among the 50 states according to the most recent decennial census mandated by the United States Constitution. ...
arising from the
2010 United States Census The United States census of 2010 was the twenty-third United States national census. National Census Day, the reference day used for the census, was April 1, 2010. The census was taken via mail-in citizen self-reporting, with enumerators servin ...
. The commission has been criticized by some politicians because "many safe seats in the Legislature could suddenly become competitive."


Results

The Commission certified new electoral district maps by the August 15, 2011 deadline. Maps for the state legislative districts passed with a 13–1 vote, and for Congressional districts with a 12–2 vote. In response to a series of legal challenges, the
California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
ruled unanimously three times in favor of the commission's maps, finding them in compliance with the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
and
California Constitution The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
. In addition, the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
granted pre-clearance of the commission's maps under Section 5 of the federal
Voting Rights Act The suffrage, Voting Rights Act of 1965 is a landmark piece of Federal government of the United States, federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President of the United ...
. The new districts took effect for the June 5, 2012 primary. Republican sponsors put a referendum on the Senate map on the November 6, 2012 ballot as Proposition 40, but have since reversed their position and are no longer opposing the new districts. While the long-term results will bear out over time, independent studies by the
Public Policy Institute of California The Public Policy Institute of California is an independent, non-profit research institution. Based in San Francisco, California, the institute was established in 1994 by Bill Hewlett, of Hewlett-Packard, Roger Heyns, and Arjay Miller, with a $7 ...
, the
National Journal ''National Journal'' is an advisory services company based in Washington, D.C., offering services in government affairs, advocacy communications, stakeholder mapping, and policy brands research for government and business leaders. It publishes da ...
, and
Ballotpedia Ballotpedia is a nonprofit and nonpartisan online political encyclopedia that covers federal, state, and local politics, elections, and public policy in the United States. The website was founded in 2007. Ballotpedia is sponsored by the Lucy Bur ...
have shown that California now has some of the most competitive districts in the nation, creating opportunities for new elected officials. For example, the uncertainty caused by the new districts combined with California's "top two" primary system has resulted in half a dozen resignations of incumbent Congressional representatives on both sides of the aisle, a major shake-up of California's Capitol Hill delegation. In addition, it has forced a number of intra-party races, most notably a showdown between two of the state's most powerful House Democrats, Representatives
Howard Berman Howard Lawrence Berman (born April 15, 1941) is an American attorney and retired politician who served as a U.S. representative from California from 1983 to 2013. A member of the Democratic Party, he represented the state's 26th congressional ...
and
Brad Sherman Bradley James Sherman (born October 24, 1954) is an American accountant and politician serving as the U.S. representative for California's 30th congressional district since 2013. A member of the Democratic Party, he first entered Congress in 19 ...
. In the previous 10 years, incumbents were so safe that only one Congressional seat changed party control in 255 elections, due to bipartisan
gerrymandering In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
after the redistricting following the 2000 Census. It is predicted that some of the newly elected politicians will be particularly well-suited for national politics since they will be forced to find positions that please moderate and independent voters to remain in office.


Commission selection process

In November 2008, California voters passed Proposition 11, authorizing a state
redistricting commission In the United States, a redistricting commission is a body, other than the usual state legislative bodies, established to draw electoral district boundaries. Generally the intent is to avoid gerrymandering, or at least the appearance of gerryman ...
. The
California State Auditor The California State Auditor's Office (CSA), formerly known as the Office of the Auditor General and later the Bureau of State Audits (BSA), is the supreme audit institution of the Government of California. It is headed by the State Auditor who ...
(CSA) adopted regulations on 20 October 2009. The Applicant Review Panel was randomly selected on 16 November 2009. The initial application period to apply to be on the commission began on 15 December 2009 and continued through 16 February 2010. The CSA issued more regulations in 2010 dealing with how the first 8 commissioners would select the remaining 6. The required supplemental application period began on 17 February 2010 and continued through 19 April 2010. California Proposition 20 was passed in November 2010. The California State Auditor collected nearly 5,000 completed applications out of over 30,000 for the commission. A three-member panel of auditors reviewed the applications and conducted interviews to establish a pool of 20 Democrats, 20 Republicans, and 20 applicants from neither major party. The panel submitted the list of 60 of the most qualified applicants to the Legislature on September 29, 2010. The
Speaker of the California State Assembly The following is a list of speakers of the California State Assembly. It does not number those individuals who served abbreviated terms or those who served during an extraordinary session called by the Governor of California for a narrowly-define ...
, the President Pro Tempore of the California State Senate, and the minority party leaders in the Assembly and the Senate, as authorized by the law, jointly reduced the pools to 12 members in each pool. The Legislature submitted a list of applicants remaining in the pool on 12 November 2010. The State Auditor then randomly drew three Democrats, three Republicans, and two applicants from neither major party to become commissioners on 18 November 2010. Finally, these first eight commissioners selected six commissioners from the remaining applicants in the pools on 15 December 2010.


Map-drawing process

The Voters First Act and Voters First Act for Congress amended Article XXI section 2(d) of the
California Constitution The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
to establish a set of rank-ordered criteria that the Commission followed to create new districts: # ''Population Equality:'' Districts must comply with the U.S. Constitution's requirement of “one person, one vote” # ''Federal
Voting Rights Act The suffrage, Voting Rights Act of 1965 is a landmark piece of Federal government of the United States, federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President of the United ...
:'' Districts must ensure an equal opportunity for minorities to elect a candidate of their choice # ''
Geographic Contiguity Geographic contiguity is the characteristic in geography of political or geographical land divisions, as a group, not being interrupted by other land or water. Such divisions are referred to as being ''contiguous.'' In the United States, for examp ...
:'' All areas within a district must be connected to each other, except for the special case of islands # ''Geographic Integrity:'' Districts shall minimize the division of cities, counties, local neighborhoods and communities of interests to the extent possible, without violating previous criteria. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. # ''Geographic Compactness:'' To the extent practicable, and where this does not conflict with previous criteria, districts must not bypass nearby communities for more distant communities # '' Nesting:'' To the extent practicable, and where this does not conflict with previous criteria, each
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
district will be composed of two whole
Assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...
districts, Board of Equalization districts will be composed of 10
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
districts. In addition, incumbents, political candidates or political parties cannot be considered when drawing districts. Article XXI section 2(b) of the
California Constitution The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original co ...
also requires that the Commission "conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines." As documented in its final report, the Commission engaged in an extensive public input process that included 34 hearings across the state where 2700 citizens and a diverse range of organized groups gave public testimony, including organizations such as the
League of Women Voters The League of Women Voters (LWV or the League) is a nonprofit, nonpartisan political organization in the United States. Founded in 1920, its ongoing major activities include registering voters, providing voter information, and advocating for vot ...

California Forward
Common Cause Common Cause is a watchdog group based in Washington, D.C., with chapters in 35 states. It was founded in 1970 by John W. Gardner, a Republican, who was the former Secretary of Health, Education, and Welfare in the administration of President L ...
, the California Chamber of Commerce (CalChamber),
Equality California Equality California or EQCA is a non-profit civil rights organization that advocates for the rights of LGBT people in California. It is the largest statewide LGBT organization in the United States and the largest member of the Equality Federation ...
,
Mexican American Legal Defense and Educational Fund (MALDEF) The Mexican American Legal Defense and Educational Fund (MALDEF) is a national non-profit civil rights organization formed in 1968 by Jack Greenberg to protect the rights of Latinos in the United States."MALDEF" entry in ''Los Angeles A to Z: An ...
, the
Asian Pacific American Legal Center Asian Americans Advancing Justice Southern California (AJSOCAL) formerly known as Asian Americans Advancing Justice - LA (Advancing Justice - LA), is a non-profit legal aid and civil rights organization dedicated to advocacy, providing legal ...
, the
National Association for the Advancement of Colored People (NAACP) The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&n ...
, the
Silicon Valley Leadership Group The Silicon Valley Leadership Group (abbreviated SVLG) is a non-profit advocacy group in Silicon Valley, California, in the United States. Its members are businesses that operate in the valley and its purpose is to influence public policy rel ...
, and the
Sierra Club The Sierra Club is an environmental organization with chapters in all 50 United States, Washington D.C., and Puerto Rico. The club was founded on May 28, 1892, in San Francisco, California, by Scottish-American preservationist John Muir, who be ...
. Over 20,000 written public comments were submitted through the wedrawthelines.ca.gov website, via email or fax. Since the process was open, partisans were among those who attempted to influence the commission during the public hearing process to ensure the resulting districts were drawn in their favor. In a much-cited article, the investigative journalism publisher
ProPublica ProPublica (), legally Pro Publica, Inc., is a nonprofit organization based in New York City. In 2010, it became the first online news source to win a Pulitzer Prize, for a piece written by one of its journalists''The Guardian'', April 13, 2010P ...
found evidence that the
California Democratic Party The California Democratic Party is the affiliate of the Democratic Party in the U.S. state of California. It is headquartered in Sacramento. With 43.5% of the state's registered voters as of 2018, the Democratic Party has the highest number of r ...
leaders coordinated with community groups to testify in front of the commission, and concluded that these efforts had manipulated the process. While the
California Republican Party The California Republican Party (CAGOP) is the affiliate of the United States Republican Party in the U.S. state of California. The party is based in Sacramento and is led by chair Jessica Millan Patterson. As of October 2020, Republicans repre ...
was quick to call for an investigation, other political observers were less surprised and noted that similar Republican efforts during the hearing process were simply less effective. In a response to the story, the Commission stated that it "had its eyes wide open" and that "the Commissioners were not unduly influenced by that."


Membership

Daniel Claypool was the commission's executive director. The commissioners are:


Restrictions on members

A commission member is ineligible for 10 years, beginning from the date of appointment, to hold elective public office at the federal, state, county, or city level in the State. A member is also ineligible for five years, beginning from the date of appointment, to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in the State.


Constitutionality

Opponents alleged California Proposition 20 had unconstitutionally transferred the power to draw congressional district lines from the
California State Legislature The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legisla ...
to the redistricting commission. They argued the federal constitution prohibited the people from bypassing the state legislature and using ballot initiatives to make laws governing federal elections. The federal constitution provides, "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by ''the Legislature'' thereof." (emphasis added). On June 29, 2015, the U.S. Supreme Court upheld the constitutionality of an Arizona ballot initiative giving redistricting power to the Arizona Independent Redistricting Commission. Because the California and Arizona commissions were created in the same way and they had similar powers under state laws, it is widely understood that the ruling in the Arizona case has also implicitly upheld California Proposition 20 and the California Citizens Redistricting Commission.


See also

*
Redistricting in California Redistricting in California has historically been highly controversial. Critics have accused legislators of attempting to protect themselves from competition by gerrymandering districts. Conflicts between the governor and the legislature du ...


References


External links


Commission website
{{authority control * Politics of California Redistricting commissions California legislative districts