March 11, 1999

Dear Attorney General Lockyer:

Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative cited as "Fair Vote 2K" (File No. SA 1999 RF 0048).

This measure would amend the California Constitution and make related statutory changes requiring the Secretary of State to draw new boundaries once each decade following the federal census for State Senate, Assembly, Congressional, and Board of Equalization districts within California. In so doing, the measure provides that redistricting would no longer be done by the Legislature.

The measure would modify the criteria and procedures now provided in state law for the drawing and numbering of new legislative districts beginning with the redistricting process following the 2000 federal census. The measure specifies that districts are to be drawn solely on the basis of population without regard to party registration, voting history, race, sex, or national origin.

The proposed redistricting criteria specifies that all new districts to be drawn are to be geographically compact and that all districts for the same legislative office vary in population by less than 1 percent. Also, the measure specifies that each Senate district would have to be comprised of two Assembly districts, and that each Board of Equalization district be comprised of 20 Assembly districts.

The initiative would repeal an existing provision in state law that gives the Legislature legal standing to intervene in litigation over legislative boundaries. It would also repeal a provision in state law requiring county election officials to provide specified precinct maps and other data that are used for redistricting purposes.

Fiscal Effects. This measure would result in costs to the state, probably up to several hundred thousand dollars once each decade, for the Secretary of State to establish the boundaries. This initiative would also result in unknown, but probably minor, savings to county governments by repealing the mandate that they compile and submit specified electoral data to the Legislature once each decade.


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