December 10, 2007
Pursuant to Elections Code Section 9005, we have
reviewed the proposed constitutional initiative related to redistricting
(A.G. File No. 07‑0078).
Background
The State Constitution requires that the
Legislature adjust the boundary lines of U.S. House of Representatives
districts, legislative districts, and Board of Equalization (BOE)
districts every ten years following the federal census. This process is
known as “redistricting.” The primary purpose of redistricting is to
establish districts which are “reasonably equal” in population.
Typically, redistricting plans are included in legislation and become
law after passage of the bill by the Legislature and signature by the
Governor.
Major Provisions
This measure amends the Constitution and state
laws to change the way boundaries of districts for the U.S. House of
Representatives, the state Legislature (Assembly and Senate), and BOE
are determined.
U.S. House of Representatives Districts
This measure imposes certain guidelines regarding
the Legislature’s drawing of districts for the U.S. House of
Representatives. In drawing these districts, the Legislature would be
required to (1) not consider political parties, incumbents, or political
candidates in relation to “communities of interest” and (2) encourage
geographical compactness. The measure also requires that the Legislature
provide public access to data and maps and solicit public comment on its
proposals.
Legislative and BOE Districts
For legislative and BOE districts, the measure
transfers redistricting responsibilities from the Legislature to a
Citizens Redistricting Commission.
Selection of Members. The
commission’s members would be comprised of 14 registered voters. The
selection of members would be coordinated by the State Auditor through a
newly created Applicant Review Panel of three independent auditors. The
panel would accept applications from registered voters and screen the
applications for qualifications and to avoid conflicts of interest.
After the panel selects 60 recommended applicants, the leaders of the
Senate and Assembly could strike a specified number of applicants from
this pool. Then, the State Auditor would randomly draw eight names.
These eight members would appoint the final six members from the
remaining pool of names. The composition of the 14 members would have to
be 5 members each from registrations with the state’s two largest
political parties and 4 members from other registrations.
Requirements of District Boundaries.
The commission would be required to adopt district boundaries that
adhered to a number of requirements, including:
-
Maintaining
entire cities, counties, neighborhoods, and communities of interest
in single districts to the extent possible.
-
Maintaining geographical compactness of
districts.
-
Disregarding
consideration of political parties, incumbents, or political
candidates.
Approval Process. In developing a
plan, the commission would have to hold public hearings and allow for
public comment. The commission must approve a redistricting plan with at
least ten affirmative votes, with at least three votes each from members
(1) registered with the largest political party, (2) registered with the
second largest political party, and (3) representing all other voter
registrations. The approval of the plan would be subject to the state’s
referendum process. A registered voter could also challenge the
constitutionality of a redistricting plan before the state Supreme
Court.
Funding. Commission members would
be compensated at a rate of $300 per day, plus reimbursed expenses. The
measure specifies that the Legislature must provide each decade a
three-year appropriation for the commission totaling the greater of
$3 million or the amount appropriated in the previous redistricting
cycle (adjusted for inflation). These funds could be used to hire staff,
lawyers, and consultants.
Fiscal Effect
The Legislature spent about $3 million in 2001
from its own budget (which is limited under the Constitution) to adjust
boundaries for all districts. Under this measure, the Legislature would
continue to incur expenses to perform redistricting for U.S. House of
Representatives districts. In addition, this measure authorizes funding
(outside of the Legislature’s budget) for redistricting efforts related
to legislative and BOE districts to be performed by a citizens
commission. Having two entities perform redistricting could tend to
increase overall redistricting expenditures. Any increase in future
redistricting costs probably would not be significant.
Summary. The measure would have the
following fiscal effect:
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