February 15, 2000
Dear Attorney General Lockyer:
Pursuant to Elections Code Section 9005, we have reviewed the proposed initiative constitutional amendment cited as the "Fair Representation Act" (File Number SA 2000 RF 0003).
Background. The California Constitution requires the Legislature to adjust the boundaries of districts for the state Legislature (Assembly and Senate), State Board of Equalization (BOE), and U.S. House of Representatives from California, every ten years, following the federal census. This process is known as "reapportionment" or "redistricting." The primary purpose of reapportionment is to establish districts which are nearly equal in population.
Typically, reapportionment plans are included in legislation. In order to be enacted, such bills would have to be approved by a simple majority of both houses of the Legislature and signed by the Governor.
Proposal. This measure provides that legislation to enact a reapportionment plan must be approved in both houses of the Legislature with a two-thirds, rather than a simple majority vote. The measure requires that the reapportionment plans be contained in single bills for the (1) Assembly and Senate and the BOE and (2) the U.S. House of Representatives.
This measure requires that the BOE districts be comprised of ten adjacent Senate districts and Senate districts be comprised of two adjacent Assembly districts, and other specifications regarding the reapportionment plans.
Fiscal Effect. This measure would probably have no fiscal effect on the state or local governments.