When the People Draw the Lines

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1 Whe the People Draw the Lies A Examiatio of the Califoria Citizes redistrictig Commissio by Raphael J. Soeshei with Geerous Support from The James Irvie Foudatio

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3 Whe the People Draw the Lies A Examiatio of the Califoria Citizes redistrictig Commissio by Raphael J. Soeshei Research Cosultats Melia Abdullah Mark Drayse Boie Glaser Justi Levitt Research Associate Nedda Black Editor Sarah Shectma Desig e.g. commuicatios Cover Photo CA Commo Cause with Geerous Support from The James Irvie Foudatio

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5 Table of Cotets 1 Executive Summary 9 Chapter 1: Backgroud 16 Chapter 2: Selectig the Commissioers 25 Chapter 3: Orgaizig the Commissio 34 Chapter 4: Outreach Durig the Deliberatio Process 44 Chapter 5: Mappig 56 Chapter 6: The Votig Rights Act 63 Chapter 7: Timelie ad Budget 69 Chapter 8: Assessmets ad Lookig to the Future 75 Appedices

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7 Photo Courtesy of CA Commo Cause Executive Summary O November 8, 2008, a historic presidetial electio drove voter participatio to uusually high levels. Califorias cast more tha 13.5 millio votes for presidet. Much farther dow their ballot, a smaller umber of voters (just short of 12 millio) voted o Prop 11, also kow as the Voters First Act. By a margi of less tha 1 percet, 1 voters trasformed the way the state wet about drawig districts for state offices. Istead of the state legislature ad goveror (ad at times, the courts), a idepedet citize commissio the Califoria Citizes Redistrictig Commissio would ow accomplish the task. With little otice i the tidal wave of the presidetial race, Califorias had made a major chage to their state s costitutio. 1 Prop 11 received 6,095,033 votes (50.90 percet), with 5,897,655 (49.10 percet) opposed. Although the margi of victory was less tha 1 percet, the Yes side had almost 200,000 votes more tha the No side. Whe the People Draw the Lies League of Wome Voters of Califoria 1

8 Executive Summary Two years later, by a more comfortable margi, 2 the state s voters approved Prop 20, to iclude cogressioal seats i the citize-led redrawig. O the same ballot, voters rejected Prop 27, which would have elimiated the etire citize-drive redistrictig process. 3 A arrow popular madate for citize redistrictig became a solid majority. Of all the states that have experimeted with alteratives to redistrictig by elected officials, Califoria was the most distictive, dedicated to removig as completely as possible the role of icumbet politicias i drawig their ow district lies. 4 Arizoa had the most comparable state system, but it provided a greater role tha Califoria for elected officials i selectig commissioers. 5 This report aalyzes Califoria s citize redistrictig process, from desig to implemetatio, presetig fidigs about what worked well ad what did ot. It also offers recommedatios for improvemet, i order to assist future Califoria citize commissios, i additio to ay other jurisdictio lookig to follow Califoria s lead. The League of Wome Voters of Califoria published this report, with fudig from The James Irvie Foudatio. It draws o the research of four cosultats, 6 examiatio of public records, icludig trascripts of commissio meetigs, ad iterviews with participats i the redistrictig process. The 2 Prop 20 received 61.3 percet of the vote, with 38.7 percet opposed. 3 Prop 27 received 40.5 percet of the vote, with 59.5 percet opposed. 4 Justi Levitt, A Guide to Redistrictig (New York: Brea Ceter for Justice, 2010); Bruce Cai, Redistrictig Commissios: A Better Political Buffer? Yale Law Joural 121 (2012): I November 2000, Arizoa voters passed Measure 106 to take the power to draw districts away from the legislature ad vest it i a citize commissio. The Idepedet Redistrictig Commissio is composed of five members. The first four are omiated from a pool selected by the Commissio o Appellate Court Appoitmets. From this pool of twety-five, party leaders i the legislature each select oe, so that there are two of each party. These four members the select a fifth perso to be chairperso, choosig from amog those i the pool who do ot belog to either of the two major parties. 6 Research cosultats for this report were Melia Abdullah, Actig Chair ad Associate Professor of Pa-Africa Studies, Califoria State Uiversity, Los Ageles; Mark Drayse, Associate Professor of Geography, Califoria State Uiversity, Fullerto; Boie Glaser, Berkeley Law Ceter for Research ad Admiistratio, UC Berkeley; ad Justi Levitt, Assistat Professor of Law, Loyola Law School, Los Ageles. The research associate was Nedda Black, graduate of the Hastigs College of the Law. Aa Soeshei researched media coverage of the commissio. author coducted iterviews with each of the fourtee commissioers. Uless otherwise idicated, commets attributed to the commissioers are based o these iterviews. Outside reviewers commeted o drafts of the report. The author is solely resposible for the fidigs ad recommedatios. Fidigs Overall, the Califoria citize redistrictig process was a success. Those who desiged the ballot measures that created citize redistrictig overcame great historical odds. They were remarkably successful i wiig voter support ad i creatig a commissio that was largely idepedet of icumbet ifluece ad geerated a well-received redistrictig (chapter 1). The desigers of the redistrictig process created a detailed ad effective set of rules for commissioer selectio that maximized deliberatio, trasparecy, ad idepedece (chapters 1, 2). The James Irvie Foudatio cotributed early $3.5 millio to facilitate wider outreach to the state s diverse geographic ad demographic commuities durig the selectio process by fudig a umber of commuity orgaizatios to ecourage applicatios to the commissio ad to provide special outreach ad traiig (chapters 2, 7). The Bureau of State Audits (BSA), 7 a Califoria state agecy, coducted a broad recruitig campaig that led more tha 30,000 citizes to apply to become commissioers (chapter 2). Icumbet elected officials had little ifluece over the selectio of commissioers (chapter 2). The BSA s selectio process, operatig i public view, yielded a diverse group of commissioers who met the requiremets of service set out i Prop 11 (chapter 2). 7 The agecy has sice bee reamed the Califoria State Auditor. 2 League of Wome Voters of Califoria Whe the People Draw the Lies

9 Executive Summary The commissio sought ad obtaied a massive amout of public iput, icludig testimoy at public hearigs, s, draft maps, ad other commuicatios (chapter 4). The commissio completed its work o time, issuig fial maps by the madated date of August 15, 2011 (chapter 3). The commissio eared majority votes for its fial maps from all three required groups of commissioers: Democrats, Republicas, ad those ot aliged with either major party (chapter 8). The maps survived streuous legal challeges i state ad federal courts with o adverse judicial decisios (chapter 8). Accordig to public-opiio pollig, voters respoded positively to the work of the commissio (chapter 8). I a comparative study of trasparecy of state goverig processes i which the state received a B- overall, the citize redistrictig process received a A, with a score of 100 percet 8 (chapter 8). Four idepedet studies of the commissio s fial product, icludig two coducted for this project, foud geerally positive results i achievig the mai substative goals of Prop 11, 9 i respectig Commuities of Iterest (COIs), 10 i followig accepted techiques ad processes i mappig, 11 ad i followig a decisio-makig process that geerally met accepted stadards for addressig Votig Rights Act issues 12 (chapters 6 8). A comparative aalysis of the budget for a citize commissio i Arizoa idicates that Califoria s overall spedig o the citize redistrictig commissio was reasoable (chapter 7). I the 2012 electios, may icumbets faced sigificat challeges, i part due to redistrictig, ad some chose ot to ru for reelectio. Turover was high, ad the ew legislature had a large share of ew members (chapter 8). Despite the commissio s overall success, there were flaws i the redistrictig process. Desig The commissio s orgaizatio ad operatio received sigificatly less attetio i time, plaig, ad fudig tha did the selectio of commissioers (chapter 2). The trasitio from the BSA s role i selectig the commissioers to the Secretary of State s role i gettig the commissio up ad ruig was ot adequately plaed (chapter 3). The decisio to have the first eight commissioers select the ext six commissioers created challeges i formig a uified, cohesive body (chapter 3). Orgaizatioal Issues The commissioers had limited opportuity to desig the expectatios ad job descriptios of staff ad cosultats. With tight timelies, commissioers icreased their ow workload i admiistrative matters (chapter 3). 8 Ceter for Public Itegrity, accessed August 25, 2012, stateitegrity.org/califoria_survey_redistrictig. 9 Vladimir Koga ad Eric McGhee, Redistrictig Califoria: A Evaluatio of the Citizes Commissio s Fial Plas, Califoria Joural of Politics ad Policy 4 (2012): Nicholas O. Stephaopoulos, Commuities ad the Commissio, Staford Law ad Policy Review 23 (2012): Mark Drayse, research coducted for this report. 12 Justi Levitt, research coducted for this report. See also Justi Levitt, Democracy o the High Wire: Citize Commissio Implemetatio of the Votig Rights Act, U.C. Davis Law Review 46 (2013, forthcomig). Although Prop 11 established a $300 per diem rate of compesatio for commissioers, the commissioers had to determie importat details of the system of compesatio themselves (chapter 3). State cotractig rules hidered the commissio s ability to operate i a timely maer, especially i the commissio s early stages (chapter 3). The actual mappig process was compressed ito a short timeframe, from late May 2011 through late July 2011 (chapter 5). Whe the People Draw the Lies League of Wome Voters of Califoria 3

10 Executive Summary Commissioers struggled to weigh public iput because of its sheer volume (chapters 4 5). Although the commissio was established to last te years, o role was defied for the commissio s work beyod drawig the lies ad defedig lawsuits (chapter 3). Traiig Commissioer traiig, particularly i the applicatio of the Votig Rights Act, was delayed ad/or iadequate (chapter 3). Although Props 11 ad 20 elevated Commuities of Iterest (COIs) to a high priority i redistrictig, the commissio lacked sufficiet guidace i makig decisios about COIs (chapter 5). Recommedatios Desig I future redistrictig cycles, the greatest share of resources ad time should be devoted to the preparatio ad deliberatios of the commissio, icludig how the commissioers are traied, how they gather iformatio, ad how they deliberate (chapter 3). Jurisdictios cosiderig adoptig citize redistrictig should select all commissioers at the same time rather tha havig oe set of commissioers choose the others (chapter 3). The ext commissio should have maximum flexibility i cotractig, especially i light of its short period of operatio (chapter 3). Iformatio Access The commissio did ot have the opportuity to utilize social ad ecoomic data that would have complemeted the cesus data that were released i April 2011 (chapters 4 6). The commissio lacked timely research i the area of polarized votig, a essetial aspect of compliace with the Votig Rights Act (chapter 6). The commissio lacked sufficiet help i digestig ad utilizig public iput (chapter 4). Some commissioers ad members of the public foud it difficult to track chages beig made i the maps (chapter 5). A system of commissioer compesatio should be i place before the commissio takes office. The amout ad ature of compesatio should be chose with referece to comparable boards ad commissios withi ad outside the state of Califoria. The salary or per diem should make it possible for people of moderate meas to serve (chapter 3). The same state agecy that selects commissioers should help orgaize the commissio, providig logistical ad other support to get the citize body up ad ruig 13 (chapter 3). The ext commissio should have more time to do its work, 14 with the commissio i place at least five moths earlier i the process tha the 2011 commissio was (chapter 7). Budget The BSA issued a cotract for media outreach that, though modest i cost relative to the size of Califoria s populatio, cosumed a sigificat portio of the overall budget of the redistrictig process (chapter 2). The commissio lacked a sufficiet budget to hire a outreach firm to stimulate, collect, ad orgaize public iput outside the public hearigs (chapter 4). The ext commissio should begi the mappig process earlier (chapters 5, 7). Orgaizatio A orgaizatioal support system for the operatio of the commissio should be i place before the 13 The state legislature adopted a recommedatio from the commissio to follow this approach. 14 This report cocurs with the commissio s recommedatio for a additioal six moths for its deliberatios, a extesio that the legislature shorteed to four ad a half moths. Eve the approved extesio will be a major help. 4 League of Wome Voters of Califoria Whe the People Draw the Lies

11 Executive Summary commissio covees. This iformatio should be offered by a sigle govermetal agecy or outside orgaizatio with relevat experiece (chapter 3). The State Auditor, or a comparable office kow for its impartiality ad professioal skill, such as the Legislative Aalyst, should coduct the selectio process i the ext iteratio (chapter 2). Outreach to potetial applicats for commissio positios should draw o scheduled efforts by the U.S. Cesus Bureau to cotact Califoria adults (chapter 2). The commissioers should delegate admiistrative tasks as much as possible to staff ad cosultats (chapter 3). Commissioers should set the criteria ad job descriptios for staff ad cosultats, through a public process, ad make hirig decisios from the widest array of qualified applicats. New staff models should be explored, icludig bipartisa teams (chapter 3). The state should assig a staff perso to hadle logistical matters for the commissio (chapter 3). The commissio should cast a wide et for staff from both iside ad outside the state govermet with experiece workig with appoited or elected citize bodies (chapter 3). The lie-drawig team ad VRA cousel should be hired earlier i the process (chapters 3, 5). The existig commissio should help fill the gap i preparatio that will precede the selectio of state agecies ad outside istitutios to gather research ad set the stage for the ext redistrictig process (chapter 3). Traiig The commissio should receive extesive traiig as a uified group after all members have bee appoited (chapters 3, 5, 6). Iformatio Access Before the commissio covees, demographic ad geographic data should be collected to supplemet public hearigs for the purpose of assessig COIs (chapters 3, 5, 6). Research o historical polarized votig should be udertake before the commissio begis the deliberatio process (chapter 6). I the ext iteratio, the commissio should improve the trackig of revisios to maps i order to give greater opportuities for public iput (chapter 5). Budget The budget for the ext commissio should iclude fuds for user-friedly tools ad techology that give the public thorough access to data ad proposals ad easy opportuities to provide effective testimoy ad proposed maps (chapter 4). The commissio budget should iclude fudig for a cosultat whose mai task is to collect ad aalyze public iput to the commissio (chapter 4). Commissioer travel costs should be reduced by coductig some hearigs usig distace techology ad i some cases ot requirig all commissioers to atted 15 (chapter 4). Ackowledgemets This study was fuded i its etirety by The James Irvie Foudatio, ably represeted by Catherie Hazelto. The League of Wome Voters of Califoria served as the project coordiator, led with great dedicatio by Chris Carso ad Melissa Breach. Sarah Shectma edited the report with care ad skill. I am grateful to the cosultats who assisted me i researchig this report. A umber of aoymous reviewers read all or part of various versios of the text, ad their commets were ivaluable. I appreciate the geerosity of the may people who were willig to be iterviewed for this report, icludig all fourtee commissioers. 15 Ay such chages i public hearigs must take ito accout the tradeoffs of reduced commissioer presece ad the eed for all commissioers to have the same base of iformatio. Whe the People Draw the Lies League of Wome Voters of Califoria 5

12 O November 8, 2008, Califorias voted a major chage ito their state s costitutio whe they approved Propositio 11, the Voters First Act. This propositio took redistrictig out of the hads of the state legislature ad goveror ad put it squarely i the hads of a idepedet citize s commissio. The Voters Ask for a New Process Prop 11 wo a arrow victory i 2008, but i 2010, voters expaded the scope of the measure to iclude cogressioal districts through Prop 20, ad rejected a attempt to overtur the citize-led process through Prop % 49% 61% 39% 47% 53% Prop 11 Prop 20 Prop 27 Selectig the Commissioers Califoria s Bureau of State Audits spet two years adoptig ew regulatios ad coductig a major statewide outreach process that led to a diverse, capable, ad determied commissio of fourtee members. 30,000 Number of Applicats that Applied 5 Democrat 5 Republica 4 Neither Major Party Reachig the People Iput from the public was a high priority for the commissioers, ad they received a staggerig amout of public respose ,000 Public Hearigs Speakers Deliberatio Meetigs Writte Submissios

13 Executive Summary A Timelie for the Next Citizes Redistrictig Commissio i Califoria, * Desig of the Commissio (Start: Feb. 2019) Begi regulatio process Hold iterested-persos meetigs Preset draft regulatios Seek public commet o draft regulatios Revise ad adopt regulatios Coduct Departmet of Justice Sectio 5 preclearace of regulatios Begi outreach by commuity orgaizatios to uderrepreseted groups for participatio i the redistrictig process Select orgaizatio to prepare commissio deliberatio process Selectio of the Commissioers (Start: No later tha Aug. 15, 2019) Begi commissioer selectio process Work with cesus-cout committees to advertise opeigs; embed redistrictig message ito cesus outreach Submit Ivitatio for Public Biddig (IPB) from private resources (see sidebar i chapter 4) Begi meetig with orgaized groups to recruit applicats Idetify ad implemet strategies to reach uderrepreseted groups Coduct broad ad targeted outreach utilizig maistream ad ethic media as well as commuity orgaizatios Establish Applicat Review Pael Close applicatio period Publicize the ames i the applicat pool ad provide copies of their applicatios to the Applicat Review Pael (March 15, 2020) Coduct iitial screeig Accept secodary applicatios Applicat Review Pael presets its subpools of recommeded applicats to the Secretary of the Seate ad the Chief Clerk of the Assembly (by May 15, 2020) Coduct iterviews Hire staff for preparig commissio ad settig up office space, telephoe, website, ad accouts Select all commissioers by August 15, 2020 Seat full commissio *This proposed timelie fully icorporates the chages implemeted by SB 1096, siged ito law by Goveror Jerry Brow o September 7, 2012, A Act to Amed Sectios 8251, 8252, , 8253, ad of the Califoria Govermet Code, Relatig to Redistrictig, 2012 Statutes, Chapter 271. Preparatio of the Commissio, Part 1 (Start: Feb. 15, 2020) Plaig orgaizatio begis work Begi recruitig polarizatio scholars Iitiate study of racially polarized votig Backgroud research o staff ad cosultat eeds for commissio Adopt staff-hirig criteria Develop outreach pla ad hire outreach cosultat Iitiate objective study of COIs Coduct aalysis of cesus data, either by a agecy or cotractor (for COI purposes) Begi collectig demographic data (ACS survey results for 2018 are released i September 2019, ad results for are released i December 2019) Fid ad reserve meetig place for the commissio s deliberatios Coduct ay other orgaizatioal tasks that ca be prepared i advace of the commissio s seatig Preparatio of the Commissio, Part 2 (Start: Aug. 16, 2020) Begi traiig for full commissio immediately, icludig VRA ad guidace o diversity ad itergroup commuicatio; if ecessary, traiig for origial commissioers should be repeated for the full group Hire support staff Adopt criteria for hirig cosultats (lie-drawig cotractor, cousel, VRA cousel, polarizatio specialists) Coduct first roud of public hearigs Commissio Deliberatios (Start: Sep. 2020) Take ote of ACS data release (ACS survey results for 2019 are released i September 2020, ad results for are released i December 2020) Begi examiatio of VRA districts Draw VRA districts Release first-draft maps (o later tha May 1, 2021) Solicit public commet o first-draft maps Release secod-draft maps (o later tha Jue 15, 2021) Solicit public commet o secod-draft maps Chage draft maps based o public commet Release fial maps (August 2021) Coduct Departmet of Justice Sectio 5 preclearace Post-mappig Phase (Start: August 2021) (Ed: Ja. 2022) Procedural wid-dow, icludig wrappig up ad ay preparatios for ext commissio Litigatio defese related to the fial maps 8 League of Wome Voters of Califoria Whe the People Draw the Lies

14 Photo Courtesy of CA Commo Cause Chapter 1 Backgroud After the 2001 Califoria redistrictig, which protected icumbets of both parties, pressure grew to reform the redistrictig process. For several years, civic orgaizatios discussed possible ballot measures with state legislative leaders. By 2007, these efforts had reached a impasse, ad citize groups created a ballot measure for the 2008 ballot to establish a idepedet citizes redistrictig commissio. Previous ballot measures to amed redistrictig had failed. Although Prop 11 had its greatest voter support amog Republicas, it wo eough Democratic ad idepedet ballots to carry it to a arrow victory. I 2010, voters expaded the scope of the measure to iclude cogressioal districts ad rejected a attempt to overtur the citize-led process. Whe the People Draw the Lies League of Wome Voters of Califoria 9

15 CHAPTER 1 Backgroud Redistrictig has log bee cotroversial i Califoria. O four previous occasios, voters tured dow ballot measures iteded to create commissios that would take the power of redistrictig out of the hads of the state legislature ad goveror (ad at times, the courts): Propositio 14, November 1982, to create a commissio (defeated 54.5 percet to 45.5 percet) Propositio 39, November 1984, to create a commissio (defeated 55.2 percet to 44.8 percet) Propositio 119, Jue 1990, to create a commissio appoited by retired judges (defeated 63.8 percet to 36.2 percet) Propositio 77, November 2005, to create a commissio of retired judges for a mid-decade redistrictig (defeated 59.8 percet to 40.2 percet) Propositios 11 ad 20, the successful 2008 ad 2010 measures that trasformed Califoria s redistrictig process, grew out of the cotroversial redistrictig that bega after the completio of the 2000 Cesus. I the 1990s, disagreemet betwee the Democratic legislature ad Republica Goveror Pete Wilso led to the drawig of maps by a court-appoited team. I 2000, with a Democratic goveror ad majorities i both the state assembly ad seate, Democrats seemed poised to work their will o legislative districts. State law gives voters the authority to overtur a redistrictig pla by referedum. Before the passage of Prop 11, a redistrictig pla that received a twothirds vote i both braches of the legislature would be exempt from referedum. Sice either party was likely to commad a two-thirds majority i each brach of the legislature, both parties would have to cotribute some votes to the fial pla i order to avoid a referedum. Democrats reached out to Republicas i the legislature i order to obtai the ecessary two-thirds votes i each house. They offered Republicas protectio for their icumbets i retur for approval of the overall pla. This icumbet-protectio pla 1 was popular withi the legislature ad o Capitol Hill but left 1 The fial vote for the bipartisa pla (Assembly Bill 632, sessio, Cedillo) was 38 2 i the seate ad i the assembly. may good-govermet groups feelig that the power of elected officials had become too etreched. Some Republicas believed that their party had acquiesced to permaet miority status. Civic groups such as Califoria Commo Cause ad the League of Wome Voters of Califoria favored alteratives to redistrictig by elected officials. Some votig-rights orgaizatios, especially those i the Latio ad Asia America commuities, feared that the pla saved icumbets at the cost of ew opportuities for commuities of color. Some Democrats feared that by protectig all icumbets, the party had failed to idetify opportuities to elect more Democrats. Redistrictig has log bee cotroversial i Califoria. Civic groups bega to meet ad cofer about what could be doe to chage the system. The process accelerated after the 2003 recall of Goveror Gray Davis ad the electio of Arold Schwarzeegger. Voices of Reform, a bipartisa group led by Fred Keeley ad Da Schur, drafted a set of reform priciples, a process i which Califoria Forward played a key role. I 2005, Republica Ted Costa put forward Prop 77, which would have created a mid-decade redistrictig by a pael of retired judges. The reform commuity split, with Califoria Commo Cause i favor ad the League of Wome Voters of Califoria opposed. Goveror Schwarzeegger made Prop 77 a ceterpiece of his cotroversial special electio i The measure wet dow to defeat alog with the goveror s other proposals by a 20-poit margi, 60 percet to 40 percet. Key members of both the Republica ad Democratic cogressioal delegatios opposed Prop 77 ad raised substatial sums of moey to defeat it. Democratic state assemblymember Ala Lowethal had also bee developig bills to reform the redistrictig process. After the failure of Prop 77 he 10 League of Wome Voters of Califoria Whe the People Draw the Lies

16 CHAPTER 1 Backgroud accelerated his efforts. Califoria Commo Cause ad other citize orgaizatios worked with Lowethal i desigig his proposed legislatio. Lowethal was familiar with the model adopted by Arizoa i 2000, which at that time represeted the most advaced citize-based approach. A umber of other legislators icludig Seate Presidet pro tem Do Perata ad Assembly Speaker Fabia Nuñez also made proposals to chage the state s redistrictig process. Like Lowethal s bill, oe of those efforts gaied eough tractio amog legislators to become law. 2 At the same time, civic orgaizatios had bee talkig with legislators tryig to develop a bill. A 2006 survey coducted uder the auspices of the Rose Istitute, Califoria Commo Cause, ad the League of Wome Voters of Califoria foud that 66 percet of voters favored citize redistrictig. 3 Although may of those ivolved hoped that these coversatios would lead to a ballot measure, o bills emerged. Throughout much of 2007, civic groups focused o drafts of legislatio i cosultatio with the Speaker s office. Numerous methods of selectig commissioers were cosidered, but o legislatio was forthcomig. 4 By August 2007, reformers determied that the clock had ru out. There were differeces over the appoitmet process. Legislative leaders wated some say, eve if idirect, i the appoitmet of commissioers, but reformers believed that the selectio of commissioers had to be idepedet of the legislature. 5 I ay case, o legislatio appeared to be emergig. Uless advocates moved to the ballot immediately, the widow to create a commissio for the ext redistrictig cycle would pass. The civic orgaizatios therefore drew o the progress already made i craftig a iitiative costitutioal amedmet. The measure called for a citize commissio isulated from icumbet elected officials to draw the lies for state offices but ot for cogressioal districts. As difficult as it would be for ay citize 2 Iterview with Trudy Schafer. 3 Lake Research Parters, Survey Fidigs o Redistrictig Reform i Califoria (presetatio prepared for Rose Istitute, Califoria Commo Cause, ad the League of Wome Voters of Califoria, 2006). Of course, a actual ballot measure would have a more difficult time. 4 commuicatio with Kathay Feg. 5 Iterviews with Trudy Schaffer ad Kathay Feg. Ca. Gov. Code 8252 Citizes Redistrictig Commissio Selectio Process* (a) (1) By Jauary 1 i 2010, ad i each year edig i the umber zero thereafter, the State Auditor shall iitiate a applicatio process, ope to all registered Califoria voters i a maer that promotes a diverse ad qualified applicat pool. (2) The State Auditor shall remove from the applicat pool idividuals with coflicts of iterest icludig: (A) Withi the 10 years immediately precedig the date of applicatio, either the applicat, or a member of his or her immediate family, may have doe ay of the followig: (i) Bee appoited to, elected to, or have bee a cadidate for federal or state office. (ii) Served as a officer, employee, or paid cosultat of a political party or of the campaig committee of a cadidate for elective federal or state office. (iii) Served as a elected or appoited member of a political party cetral committee. (iv) Bee a registered federal, state, or local lobbyist. (v) Served as paid cogressioal, legislative, or Board of Equalizatio staff. (vi) Cotributed two thousad dollars ($2,000) or more to ay cogressioal, state, or local cadidate for elective public office i ay year, which shall be adjusted every 10 years by the cumulative chage i the Califoria Cosumer Price Idex, or its successor. (B) Staff ad cosultats to, persos uder a cotract with, ad ay perso with a immediate family relatioship with the Goveror, a Member of the Legislature, a member of Cogress, or a member of the State Board of Equalizatio, are ot eligible to serve as commissio members. As used i this subdivisio, a member of a perso s immediate family is oe with whom the perso has a boa fide relatioship established through blood or legal relatio, icludig parets, childre, sibligs, ad i-laws. *Eacted by Propositio 11, the Voters First Act (2008). Whe the People Draw the Lies League of Wome Voters of Califoria 11

17 CHAPTER 1 Backgroud redistrictig to wi at the ballot box, reformers did ot wat to provoke oppositio from the cogressioal delegatio. Some Democratic partisas feared that a citize process would represet uilateral disarmamet i redistrictig wars atiowide, as Republica legislators were perceived to be drawig cogressioal lies to their likig i states they domiated. Uder the Arizoa redistrictig measure, legislative leaders made appoitmets to most of the commissio positios. I cotrast, Prop 11 broke ew groud i the battle betwee civic orgaizatios ad elected officials. The measure wet ito detail about the barriers to icumbet ifluece o commissioers (see sidebar o page 9) ad limited the legislature to strikig a limited umber of applicats from the pool, with o had i the selectio. Oe observer cocluded: It is hard to imagie a more complete effort to squeeze every ouce of icumbet ifluece out of redistrictig tha the [Citizes Redistrictig Commissio]. 6 The campaig for Prop 11 was largely a project of the good-govermet commuity ad some Califoria Republicas, icludig Goveror Schwarzeegger. Major fiacial support for both Prop 11 ad the subsequet Prop 20, which icluded cogressioal redistrictig, came from a moderate Republica activist, Charles Muger. With a few exceptios (icludig former goveror Gray Davis), Democrats were opposed. But with the cogressioal districts left out i 2008, there was oly mild oppositio from cogressioal Democrats. 7 I order to weed out icumbet ifluece, Prop 11 set out detailed requiremets regardig coflicts of iterest. The ew law barred ayoe who, withi 10 years of applyig to serve o the commissio, had held federal or state office, had served i ay of a variety of capacities withi a political party or withi the state govermet, had bee a registered lobbyist, had cotributed more tha $2,000 to a cadidate for office, or had a family member holdig public office (see sidebar o page 9). Table 1. Votes o Redistrictig Measures, 2008 ad 2010 (by percet) Yes No Prop Establish Commissio Prop Add Cogressioal Districts Prop Overtur Citize Redistrictig Process Coalitio Buildig The coalitio for redistrictig reform icluded groups with differig goals ad expectatios. Some of the leadig advocates of Prop 11 promoted redistrictig reform as a way to create competitive districts, thereby allowig moderate legislators of both parties to be elected. Goveror Schwarzeegger frequetly made this argumet. However, either the desig of the measure or its implemetatio specified competitiveess as a goal. The emphasis o Commuities of Iterest (COIs), 8 established by Prop 11 ad ehaced by Prop 20, took redistrictig i the directio of homogeeous districts. Because the major political parties draw support from very differet socioecoomic blocs, such a emphasis would be ulikely to create the sort of heterogeeous districts that feature greater competitio betwee the two major parties. Accordig to a preelectio poll by the Field Orgaizatio, 41 percet of Democrats, 53 percet of Republicas, ad 41 percet of opartisas ad others supported Prop Fifty-two percet of coservatives backed Prop 11, but also 41 percet of liberals, a fairly modest differece. Three Survey USA polls i October 2008 foud a larger partisa gap. By late October, 49 percet of Republicas backed the measure, compared to 26 percet of Democrats. 10 Large umbers of voters i both parties were udecided, eve close to electio day. The same SurveyUSA poll showed that oly 25 percet of Africa Americas ad 28 percet of His- 6 Bruce Cai, Redistrictig Commissios: A Better Political Buffer?, Yale Law Joural 121 (2012): 1808, Iterview with Trudy Schaffer. 8 Commuities of Iterest refers to the goal of desigig districts i which residets have sigificat characteristics i commo. This criterio is discussed at greater legth below. 9 Field Poll, October 31, Survey USA Poll, Number (October 29 31, 2008). 12 League of Wome Voters of Califoria Whe the People Draw the Lies

18 CHAPTER 1 Backgroud paics supported Prop 11. Some votig-rights groups i commuities of color were suspicious of the citizes redistrictig commissio reform model, particularly the stated goal of maitaiig curret couty ad city lies. Some miority activists were cocered that the commissioers might place loyalty to curret couty ad city lies ahead of adherece to the Votig Rights Act (VRA), eve whe the VRA raked higher as a priority for the commissioers to cosider i drawig maps. Rosalid Gold, of the Natioal Associatio of Latio Elected ad Appoited Officials (NALEO), expressed this cocer: Aythig that reduces flexibility, such as a requiremet that city or (couty) lies be respected, makes it harder to comply with the Votig Rights Act. 11 Egagig those who have historically bee excluded from the process takes effort. Justi Levitt oted: I substatial part because of the Votig Rights Act, miority legislators ow occupy some seior legislative positios, ad may be suspicious of attempts to remove redistrictig power from the legislature just as they have arrived i positios of substatial ifluece. Propoets of reform should egage miority costituecies early i the process, to esure that proposals adequately protect miority rights, ad to gather support, tacit or explicit, for the eed for reform. 12 Vladimir Koga ad Thad Kousser 13 credited the measure s orgaizers with expadig the previous coalitio for redistrictig reform to iclude more Democrats ad miority voters by addressig some of these suspicios, icludig, amog other thigs, requirig that commissioers demostrate appreciatio for Califoria s diverse demographics ad geography. 11 Iterview with Rosalid Gold. 12 Justi Levitt, A Citize s Guide to Redistrictig (New York: Brea Ceter for Justice, 2010), Vladimir Koga ad Thad Kousser, Great Expectatios ad the Califoria Citizes Redistrictig Commissio, i Reapportiomet ad Redistrictig i the West, ed. Gary F. Mocrief (Laham, MD: Lexigto Books, 2011). Voters Choose Propositio 11 ad Propositio 20 Prop 11 passed despite the fact that its support came more from Republicas tha Democrats i a November 2008 electio that was marked by extraordiary levels of Democratic turout. Its passage testifies to public skepticism, across party lies, of elected officials ad the legislature. 14 Votig results were still marked by divisios alog racial ad ethic lies; Africa America ad Latio commuities registered the highest levels of oppositio, whereas white suburba eighborhoods showed the most support. 15 NOTEWorthY 6 Propositio 11 listed ad raked six criteria for the commissio to weigh i drawig lies. Two years later, voters expaded the scope of the commissio by approvig Prop 20. By a wide margi, voters defeated a measure o the same ballot to elimiate the commissio etirely (Prop 27). Although the idepedet citize-commissio model had bee approved by a arrow margi i 2008, its base of support had expaded two years later (see table 1). 14 The firm that maaged the campaig was Goddard Guster Public Affairs, formerly called Goddard Clausse Public Affairs. The firm described its strategy o its website: Goddard Clausse tapped ito voter dissatisfactio with the legislature ad created messagig about holdig legislators accoutable ad edig political gridlock ; Goddard Guster Public Affairs, accessed September 2, 2012, goddardguster.com. 15 These racial, ethic, ad geographic divisios ca be foud i upublished research o the vote o Prop 11 by cesus tract coducted by Mark Drayse for this report. Whe the People Draw the Lies League of Wome Voters of Califoria 13

19 CHAPTER 1 Backgroud Electio results show icreasig support for redistrictig from 2008 to 2010, with voters approvig a expasio of the redistrictig process by a 22-poit margi i Propositio 11 listed ad raked six criteria for the commissio to weigh i drawig lies, with promiet Propositio 11 Commissio Criteria Propositio 11 listed ad raked six criteria for the Commissio to weigh i drawig lies, with a promiet role for maitaiig Commuities of Iterest. (1) Districts shall comply with the Uited States Costitutio. Seate, Assembly, ad State Board of Equalizatio districts shall have reasoably equal populatio with other districts for the same office, except where deviatio is required to comply with the federal Votig Rights Act or allowable by law. (2) Districts shall comply with the federal Votig Rights Act (42 U.S.C. Sec ad followig). (3) Districts shall be geographically cotiguous. (4) The geographic itegrity of ay city, couty, city ad couty, eighborhood, or commuity of iterest shall be respected to the extet possible without violatig the requiremets of ay of the precedig subdivisios. Commuities of iterest shall ot iclude relatioships with political parties, icumbets, or political cadidates. (5) To the extet practicable, ad where this does ot coflict with the criteria above, districts shall be draw to ecourage geographical compactess such that earby areas of populatio are ot bypassed for more distat populatio. (6) To the extet practicable, ad where this does ot coflict with the criteria above, each Seate district shall be comprised of two whole, complete, ad adjacet Assembly districts.* *Cal. Cost. art. XXI, 2 (after voter approval of Prop 11). roles for geographical cotiuity, itegrity, ad compactess. The redistrictig process must comply with federal, state, ad local laws ad the Federal Votig Rights Act ad, whe possible, seate ad assembly districts are to be ested. Propositio 20 ehaced the importace of COIs i the redistrictig process beyod what was icluded i Prop 11, addig more detail about COIs ad icluded wordig, abset from Prop 11, that suggested keepig similar icome groups together as much as possible (see sidebar o page 13). It also greatly icreased the workload of the commissio, complicated the desig of the process by addig the drawig of cogressioal districts to the scope of the commissio s work, ad shorteed its deadlies by oe moth. Although this time costrait may have bee desiged to allow more time to defed the maps i court, it tighteed a already-challegig schedule. Without Prop 20, the origial desig of the commissio might have faced fewer obstacles to timely plaig, orgaizatio, ad deliberatio. Propositio 20, which expaded redistrictig to iclude federal cogressioal districts, emphasized commuities of iterest: groups withi a geographical area sharig commo social ad ecoomic iterests but specifically excludig icumbet or political-party iterests. A process origially desiged for term-limited state offices ow also had to deal with fifty-three highly visible cogressioal seats. Members of Cogress, icumbets without term limits, might be expected to be more resistat to citize redistrictig tha termlimited members of the legislature. Propositio 11 drafters faced a key questio i determiig which agecy would supervise the process of selectig commissioers. After polls showed which orgaizatios ad professios were most trusted for this role, the desigers selected the Bureau of State Audits (see chapter 2). Drafters of Prop 11 icorporated the ifluece of elected officials by allowig each of the Big Four (Speaker, Assembly Miority Leader, Seate Presidet pro tem, ad Seate Miority Leader) to strike two ames from each party subpool (for a total of twetyfour strikes). The origial list of qualified omiees was to be sixty i umber. The strikes would reduce the group to thirty-six. Aki to a litigat s peremp- 14 League of Wome Voters of Califoria Whe the People Draw the Lies

20 CHAPTER 1 Backgroud tory challege to potetial jurors, the strikes allowed legislative leaders to block a choice they cosidered damagig. The law required that twety of the sixty applicats be chose from either the Democratic or the Republica party. The measure specifically required oly omembership i either of the top two political parties. Thus, members of a third or fourth party, idepedets, ad those registered as declie to state could qualify. Nothig i the statute suggested that these commissioers must be cetrist or moderate. Covetioal wisdom teds to assume that those who register outside the two parties occupy the ideological middle. I fact, such voters could be to the left of the Democrats or to the right of the Republicas. Although Prop 11 devoted some attetio to orgaizatio, text o this topic was sigificatly less detailed ad thorough tha were the provisios for selectig commissioers. Propositio 11 laid out rules for the hirig, removal, ad cotractig of commissio staff ad cosultats, icludig avoidig coflicts of iterest. The Secretary of State oversees the process util the commissio is prepared to take over. The majority vote for such decisios must be spread evely amog the three political subgroups o the commissio (see sidebar). After two years of detailed ad careful selectio, the commissioers would have oly from Jauary 12, 2011, to August 15, 2011, to orgaize themselves, select leadership, hire staff ad cosultats, educate themselves o redistrictig ad the VRA, hold public hearigs, create maps, ad build public cofidece. Coclusios After a umber of stalled efforts to reform Califoria s redistrictig process, civic groups came together to create Prop 11, which took redistrictig out of the hads of legislators ad placed it i the hads of citizes. Ulike a similar redistrictig pla i Arizoa, the Califoria pla placed particular emphasis o removig the ifluece of icumbet legislators. Propositio 11 icreased the importace of COIs ad of geographical compactess i redistrictig. Though it iitially ejoyed more support amog Propositio 20 Defied Commuities of Iterest i Detail The geographic itegrity of ay city, couty, city ad couty, local eighborhood, or local commuity of iterest shall be respected i a maer that miimizes their divisio to the extet possible without violatig the requiremets of ay of the precedig subdivisios. A commuity of iterest is a cotiguous populatio which shares commo social ad ecoomic iterests that should be icluded withi a sigle district for purposes of its effective ad fair represetatio. Examples of such shared iterests are those commo to a urba area, a rural area, a idustrial area, or a agricultural area, ad those commo areas i which the people share similar livig stadards, use the same trasportatio facilities, have similar work opportuities, or have access to the same media of commuicatio relevat to the electio process. Commuities of iterest shall ot iclude relatioships with political parties, icumbets, or political cadidates.* *Cal. Cost. art. XXI, 2, subd. (d)(4) (after voter approval of Prop 20). Republicas ad white voters tha amog Democrats ad commuities of color, Prop 11 set the stage for broader support for redistrictig reform ad Prop 20, which expaded the Citizes Redistrictig Commissio to iclude cogressioal as well as state legislative districts, passed by a comfortable margi i Moreover, a propositio to overtur the Citizes Redistrictig Commissio i the same electio was defeated. Although Prop 11 was carefully thought out i may of its details, particularly i regard to the process of choosig the commissioers, it provided less detail for some other aspects of the commissio s activity, particularly i the preparatio ad activity of the commissio ad i the timeframe allowed for the process. Whe the People Draw the Lies League of Wome Voters of Califoria 15

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