BACKGROUND TO THE PROPOSITION

In the past, district boundaries for members of the state Legislature, Board of Equalization (BOE) and U.S. House of Representatives were determined in bills approved by the Legislature and signed by the Governor. There were several occasions in recent times when the Legislature and the Governor were unable to agree on redistricting plans, and the California Supreme Court performed the redistricting instead, using special masters.

In November 2008, voters passed Proposition 11, which transferred to a newly-created Citizens Redistricting Commission the responsibility for redistricting for the State Legislature and BOE beginning with the redistricting conducted after the 2010 census. Established anew every ten years, the Commission consists of 14 registered voters—five Democrats, five Republicans, and four others—chosen according to specific rules from among those who apply for a position on the Commission.

When the Commission adjusts district boundaries, it must meet various requirements under federal and state law, such as creating reasonably equal districts and not favoring or discriminating against political parties, incumbents, or candidates. In addition, the Commission is required, to the extent possible, to adopt district boundaries that:

• Maintain the geographic integrity of any city, county, neighborhood, and “community of interest” in a single district. (The Commission is responsible for defining “communities of interest” for its redistricting activities.)
• Are geographically compact.
• Place two Assembly districts together within one Senate district and ten Senate districts within one BOE district (“nesting”).

Proposition 11 did not change responsibility for the redistricting process for congressional seats. Therefore, redistricting plans for these offices are still included in bills that are approved by the Legislature and signed by the Governor. The proposition did, however, make changes to the requirements that the Legislature must meet in adjusting congressional districts. The Legislature—like the Commission—now must attempt to adopt geographically compact districts and maintain geographic integrity of localities, neighborhoods, and communities of interest, as defined by the Legislature. Proposition 11, however, does not prohibit the Legislature from favoring or discriminating against political parties, incumbents, or candidates in its congressional redistricting.

Certain of the drafters and proponents of Proposition 11 would, of course, have preferred to also place the congressional redistricting within the responsibility of the Commission. However, from a practical point of view, there was a strong argument that for the Commission’s very first redistricting implementation, it would be better not to give it too great of a work load. Additionally, there was extremely strong opposition to inclusion of the congressional offices from California’s Democratic congressional delegation and the Democratic congressional leadership. In order to avoid a well-financed opposition to Proposition 11, a compromise was reached to leave the congressional redistricting out of the Commission’s purview, but to require the state Legislature to follow certain criteria when they adjust these districts.

CONFLICT WITH PROPOSITION 20

See also Proposition 20 on this ballot, which would add Congressional redistricting to the Citizens Redistricting Commission in its entirety, as well as making certain other changes to the operations of the Commission. If both propositions are approved by the voters, the one with fewer votes would be eliminated.