February 5, 2010
Pursuant to Elections Code Section 9005, we have
reviewed the proposed constitutional and statutory amendment related to
redistricting (A.G. File No. 09‑0107).
Background
In a process known as "redistricting," the State
Constitution requires that the state adjust the boundary lines of the
State Assembly, State Senate, Board of Equalization (BOE), and
California's districts in the U.S. House of Representatives every ten
years following the federal census. To comply with federal law,
redistricting must establish districts which are roughly equal in
population.
U.S. House of Representatives Districts
Currently, California is entitled to 53 of the
435 seats in the U.S. House of Representatives. Typically, redistricting
plans for congressional seats are included in bills that become law
after approval by the Legislature and the Governor.
Legislative and BOE Districts
Recently Amended Redistricting Process.
In November 2008, voters passed Proposition 11, which created the
Citizens Redistricting Commission (commission) to establish new district
boundaries for the State Assembly and the State Senate, as well as BOE,
beginning after the 2010 census.
Requirements of District Boundaries.
In addition to meeting the requirements of federal law, the commission
is required to adopt district boundaries that adhere to a number of
requirements to the extent possible, including:
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Maintaining entire cities, counties,
neighborhoods, and "communities of interest" in single districts.
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Maintaining geographical compactness of
districts.
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"Nesting" two Assembly districts together
within one Senate district and nesting ten senate districts together
within one BOE district.
-
Not favoring or discriminating against
political parties, incumbents, or political candidates.
Funding. Current law requires that
the Legislature approve for each redistricting process a three-year
appropriation totaling at least the greater of $3 million or the amount
appropriated in the previous redistricting cycle (adjusted for
inflation). For the redistricting cycle following the 2010 census, for
example, this minimum amount would be around $4 million. This funding
covers various costs of the commission, as well as the State Auditor's
costs to solicit and review applications from members of the public to
serve on the commission.
Major Provisions
This measure amends the Constitution and state
laws to change the way boundaries of districts for the State Assembly,
State Senate, BOE, and California's seats in the U.S. House of
Representatives are determined.
Legislative and BOE Redistricting Returns
to Legislature. This measure returns redistricting
responsibilities for the State Assembly, State Senate, and BOE to the
Legislature, as it had been prior to Proposition 11. This measure
eliminates the Citizens Redistricting Commission. California's districts
for the U.S. House of Representatives would continue to be the
responsibility of the Legislature, but would be subject to the different
requirements described below. (If this measure qualifies for and is
approved at the November 2010 statewide ballot, the new process under
this measure would replace Proposition 11's process beginning with the
redistricting following the 2010 census.)
New Requirements for Redistricting
Boundaries and Process. The proposed measure creates certain
requirements for district boundaries. Under this measure, the population
of all districts would be equal with other districts for the same office
(with a variation in population no greater than one person). This
measure further requires the Legislature to hold hearings before and
after district boundary maps are created, as well as provide the public
access to certain data.
Deleting Some Existing Requirements.
This measure also deletes some existing constitutional and statutory
requirements related to what can be considered when drawing boundaries:
-
Drawing boundaries that encourage geographical
compactness.
-
Trying to nest districts.
-
Not favoring or discriminating against an
incumbent, political candidate, or political party.
Funding.
This measure specifies
that the Legislature's redistricting costs may be no more than
$2.5 million or the amount spent for redistricting during the prior
redistricting process, whichever is less, in a three-year period every
ten years (adjusted for inflation).
Fiscal Effect
Under current law, as discussed above, the state
must make available around $4 million for the redistricting process for
all legislative and BOE districts following the 2010 census (an amount
that would grow in later years). The Legislature appropriated a combined
$3 million for this purpose in the 2009‑10 state budget. The Governor
has proposed an additional $3 million for redistricting efforts in his
proposed 2010‑11 budget. (The Governor's proposal, therefore, appears to
assume that redistricting costs of the commission and/or the State
Auditor will be significantly higher than the amount already provided by
the Legislature.) In addition, under current law, the Legislature will
incur expenses to redistrict the boundaries of California's seats in the
U.S. House of Representatives.
Under this measure, the Legislature could spend
no more than $2.5 million for all redistricting activities during
the specified multiyear time period each decade. This provision likely
would reduce redistricting costs by several million dollars every ten
years. (Assuming this measure is approved at the November 2010 ballot,
the savings could be somewhat less for the redistricting process related
to the 2010 census because some funds will have been spent by the time
of the election through the redistricting process that is already
underway pursuant to Proposition 11.)
Summary. The measure would have the
following fiscal effect.
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