Redistricting California 2011

December 2011 Redistricting Update:

State Redistricting 

The Citizens Redistricting Commission’s final certified district maps are scheduled to take effect for the June 2012 primary elections.

  Challenges:

• Pending Referendum: Signatures for a referendum challenging the state senate maps have been submitted to the Secretary of State for verification for the November 2012 ballot. Verification by county election officials is underway.
  
• Challenges: The California Supreme Court, in a unanimous decision, denied two petitions challenging the validity of the state senate and congressional redistricting maps that had been certified by the Citizens Redistricting Commission. (October 26, 2011) 
• Pre-clearance: The commission submitted the maps for Yuba, Monterey, Merced and Kings counties to the U.S. Department of Justice for review of their compliance with the Voting Rights Act.(November 15, 2011)

• Federal Challenge:A legal challenge to the congressional maps has been filed in federal court.(November 23, 2011)

Local Redistricting:

 Many local counties, cities and special districts have not finished or even started their redistricting process. Check with your county or city clerk or the superintendent of your local school district or board of your community college district or other special district to find out how and when redistricting will take place and when public comment will be taken. 

View the Final Maps: Find your Districts

The Citizens Redistricting Commission certified the new statewide electoral maps for 53 Congressional district boundaries, 80 state assembly, 40 state senate and 4 Board of Equalization districts on August 15, 2011.

View the Final Maps and the commission final report detailing their process and findings:

Assembly Districts

Senate Districts

Board of Equalization Districts

Congressional Districts

Redistricting 2011: Who can challenge the maps?

The California Constitution (article XXI, section3, subdivision(b)(2)) allows registered voters to challenge the certified maps by filing a petition for a writ of mandate or prohibition in the California Supreme Court within 45 days of certification (Thursday, September 29, 2011).

The State Supreme Court notified the commission and the public in a news release that it would require an Electronic submission, as soon as possible, of any petition or petitions and supporting documents, challenging the recently certified maps, prior to timely filing of hard copy. Read about the requirements for litigation under Proposition 11.

Challenges to the certified state maps may be made in federal courts for violations of the Voting Rights Act or the U.S. Constitution.

Public Participation: Comment on the Maps

The public was urged to review and comment on the maps as drafts or visualizations were released. Ideally, districts are formed to allow the voices in each community to be represented, and communities and neighborhoods kept together.

The public was afforded many opportunities to help shape the districts that will elect representatives that give voice to their concerns. During 34 public input hearing all across California the commission heard from more than 2700 members of the public. 

The public also sent over 20,000 comments by fax, email or letters on the maps as they were drafted in July.

Drafting the Final Maps

The final maps were available for public comment for 14 days before the Citizens Redistricting Commission certified the maps to the Secretary of State on August 15, 2011.

The line drawing phase formally closed after July 23. The Commission revivewed and posted public comments on the visualizations of proposed maps for congressional, state assembly, senate and Board of Equalization districts. For a full schedule of hearings and archive video go to the commission website at wedrawthelines.ca.gov.

ReDrawCA.org provides free website access to all Californians to view and review the new district maps. The website offered an opportunity for the public to research their neighborhoods and communities and draw and share maps of communities or districts. Usable by both individuals and groups, this excellent tool provided the average citizen an avenue to develop good testimony to the Commission. 

The new redistricting rules in California direct the commission to maintain an open and transparent process fully accessible to the public. The commission was required to hold public hearings around the state and accept public input for drawing district maps and reviewing draft maps. The commission also provided guidance for the public to effectively prepare testimony; Learn How to Prepare Testimony. 

The commission has published a Guide to Redistricting and the Public Input Hearing Process, FAQ and  a Public Input Hearing Worksheet to help the public prepare information for their commission testimony. 

The Citizens Redistricting Commission  scheduled 34 Public Input Hearings around the State through July 2011. The commission divided the state into nine regions and held hearings to gather input in multiple locations in the regions.

Meetings were streamed live on the internet and video archives can be accessed at wedrawthelines.ca.gov. 

What Is Redistricting and Why Do We Do It Every 10 Years?

The United States Constitution directs Congress to count the total population in a federal census every ten years to determine representation in Congress. The 435 Congressional seats are then reallocated or reapportioned based on states' populations. Equal population is the primary criteria for reapportioning Congressional districts. 

California is the most populous state and has 53 representatives in the United States House of Representatives.

Read more about the Constitution and the history of the census......

States and Local Government Redistircting

States and communities must also realign political district boundaries with equal population and comply with the Voting Rights Act. Each elected official should represent approximately the same number of people maintaining the principal of ‘one person, one vote’.

This process is generally known as “redistricting.”

Learn about the ABC's of Redistricting, in  Breaking Ground, by Loyola Law Associate Professor Justin Levitt.

Redistricting California: Voters Choose a Citizens Commission instead of the Legislature

The Citizens Redistricting Commission will draw the political boundaries for all California state districts in 2011.

 In 2008, California voters passed the Voters First Act and transferred the responsibility for drawing political boundaries for the state senate, assembly and Board of Equalization from the state Legislature to a newly formed Citizens Redistricting Commission.

In 2010 voters passed the Voters First for Congress Act, adding congressional districts to the commissions responsibilities.

New Rules and Criteria for Redistricting Approved by Voters

 The 2008 and 2010 Voters First redistricting initiatives passed by the voters laid out new rules and new criteria for redistricting. The new redistricting requirements:

• Establish a 14 member Citizens Redistricting Commission to draw the state political boundaries. Read more......

• Transfer authority to the commission for drawing lines for the 53 congressional districts, 80 state Assembly districts, 40 state Senate districts and the Board of Equalization. 

• Set specific criteria to be used for mapping new district lines that conform with strict, nonpartisan rules designed to create districts of relatively equal population that will provide fair representation for all Californians. See criteria listed below.

• Direct the commission to maintain an open and transparent process fully accessible to the public. The commission must hold public hearings around the state and accept public comment and conduct themselves with integrity and fairness. Learn How to Prepare Testimony

• After hearing from the public and drawing the maps, the Commission must vote on the new maps to be used for the next decade.

• Establish a timeline for the work to be done every 10 years beginning with the 2010 census. The 2011 redistricting maps are due August 15, 2011.

What are the criteria for drawing the lines for the state of California?

The criteria are listed in order of their priority as specified in Section 2 of Article XXI of the California Constitution:

(1) Districts shall comply with the United States Constitution.

Senate Congressional districts shall achieve population equality as nearly as is practicable, and Senatorial, Assembly, and State Board of Equalization districts shall have reasonably equal population with other districts for the same office, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.

(2) Districts shall comply with the federal Voting Rights Act .

Read more about the history of the VRA and Minority Representation

(3) Districts shall be geographically contiguous.

(4) The geographic integrity of any city, county, city and county, local neighborhood, or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding subdivisions.

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.

Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.

How can you define your community? A good example of how neighborhoods and communities define themselves is  LA Times Mapping LA. 

(5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.

(6) To the extent practicable, and where this does not conflict with the criteria above, each Senate district shall be comprised of two whole, complete, and adjacent Assembly districts, and each Board of Equalization district shall be comprised of 10 whole, complete, and adjacent Senate districts.

(e) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

Who is responsible for local redistricting? 

Local redistricting often draws little public attention. Yet, it is no less important for citizens to be represented and have fair districts drawn at the local level as it is at the state and federal level.

The local governing body (board of supervisors, city
council, school board, etc.) is generally responsible for adopting the new
district lines. There may be an advisory committee, and for counties there is
provision for a commission of elected county officials to do the redistricting
if the Board of Supervisors fails to do it by November 1 of the year following
the census. Charter cities and counties may set up their own process, such as a
separate commission or task force.

What are the rules and criteria for local redistricting?

Redistricting criteria for state districts, the open meeting notifications and the public process mandated for the state redistricting commission does not necessarily apply at the local level.

The California Elections Code, Division 21 provides the statutory basis for redrawing the districts for county supervisors, city council members, and the governing boards of special districts. TheCalifornia Education Code provides for redistricting in school and community college districts that elect by trustee areas.

Note: The provisions of Propositions 11 and 20 that govern the selection and functioning of the Citizens Redistricting Commission apply only to redistricting of the state Senate, Assembly, and Board of Equalization and California’s Congressional districts. 

Do many local agencies elect their governing boards by districts?

The boards of supervisors of almost all 58 counties are elected by district. Charter and general law cities may elect their city councils by districts; approximately 30 do so. The governing boards of many school districts and some special districts are elected by divisions such as trustee areas or wards.

Cities and Counties:  Is your city/county a charter government or general law?

Charter government

In addition to the statutory requirements in the state Elections Code for charter cities and counties, your city or county charter will also have statutory requirements for the redistricting process. Read the charter carefully to find out WHO is responsible for redistricting and HOW the process is conducted. A few cities have appointed commissions. Many city and county district lines are redrawn by the sitting government body (just as the state and federal districts in California were redrawn by the legislature prior to 2011).

General law cities

The process is outlined in the state Elections Code, 21600-21606.

What is the process?

 The important thing to remember is that the redistricting criteria and open meeting notifications mandated for the state redistricting commission do not necessarily apply at the local level. The Brown Act governs meetings of local legislative bodies. Determine exactly what the rules are for meeting notices and how much notice is mandated for your local government bodies that are involved in redistricting.

Find out who did the redistricting after the 2000 census and contact them to learn more about how the process worked in 2001. Deadlines for redistricting and other criteria may be determined by local governing documents. Others, as required by state law, have to finish by November 1, 2011 (or March 1, 2012 for school and community college districts). Many are starting soon and some have already begun.

What impact does it have on me? 

All local governments that elect by district must, every ten years, redraw their district lines to assure that all districts have nearly equal population.

 Local redistricting involves any county, city, school district, community college district or special district that is divided into districts or divisions. These local government agencies are required to review their current district boundaries with new population figures from the 2010 census and engage in a redistricting process right along with the state.*

If districts are drawn that keep communities intact, people are better able to elect representatives who will further their interests. Frequently, local redistricting draws little attention. But it is no less important for citizens to be represented and have fair districts drawn at the local level than it is at the state and federal level.

*Some charter cities use the mid-decade federal census or an official city census as specified in their charters. 

How can I participate in
local redistricting?

Find out who is
drawing the maps for districts and what information besides the census they
are using to make their determinations about where lines should be drawn. Ask your
county registrar and county superintendent of schools. In addition, you can
consult your county counsel, city clerk, city attorney, special district
managers or legal departments for information about local redistricting. 

Regardless of what the rules and notice requirements are, you can advocate locally for
an open, transparent process, extensive public input and recognition of neighborhoods and communities of interest in the redistricting process.