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Frank D. Russo

The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.

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THE ‘UNIT RULE’, OUTLAWED IN THE DEMOCRATIC PARTY 50 YEARS AGO, RESURFACES AS A TOOL TO SUPPRESS MODERATES IN THE G.O.P.

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By Bill Cavala
A veteran of over 30 years in Sacramento

The ‘unit rule’, which forces dissenting votes to cast their lot with the majority in a bloc, is the major tool being used by GOP Conservatives in the State Senate to block passage of the State’s budget.

While there may, indeed, be two Republican Senators ready to vote for the budget because they agree with it, because of district considerations, as a favor to the Governor, and so on – their votes are stifled by the imposition of the ‘unit rule’.

In the 50’s and 60’s the Southern delegations to the Democratic National Convention used it to cast unanimous votes against platform proposals that would extend civil rights to African-Americans. This ugly practice ended in 1968 at the insistence of Hubert Humphrey.

You can see the political convenience in using the “unit rule”. Republicans can run moderate candidates who espouse causes that are popular but anathema to conservatives. Restrictions on concealed firearms. Keeping reproductive choice off the lawbooks. Raising sin taxes.

Republican candidates run supporting such issues then, once elected, can turn their back on their promises saying they are bound to vote with the conservative majority under the ‘unit rule’.

Those who support “redistricting reform” should see at once how the enforcement of the ‘unit rule’ puts the lie to assertions that more competitive seats will mean a more moderate legislature. Any Republican elected because they moderated their positions would be forced, after winning, to vote as a conservative under the ‘unit rule’.

It’s the old Republican rule: Get elected any way you can, then forget whatever you promised the voters and support your conservative leadership.

Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years.

He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.

Cavala left teaching at UC Berkeley and went to work for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker up to and including Speaker Fabian Nunez.

Mr. Cavala manages election campaigns for Democratic candidates.

Posted on July 27, 2007

Comments

Another create, more contemporary example of unit rule being used by Democrats would be on the infrastructure bond vote in the Assembly. Speaker Fabian Nunez made it clear that all Democrats were expected to vote as a unit for the bonds. Assemblyman Juan Arambula of the Central Valley broke the rule. He was moved to a smaller office and removed from a committee chairmanship.

Posted by: Jon Fleischman at July 27, 2007 11:37 AM


Juan simply denied the Speaker a favor and had some favors that had been given to him temporarily withdrawn.

Hardly an example of the 'unit rule' which requires acquiesence in the majority view irregardless.

Such a rule, if applied to the Assembly as a whole in its' Rules, would solve the Budget problem today!

Posted by: william cavala at July 27, 2007 01:51 PM

In both cases, any power party leaders have over individual members is because the members in question have chosen to cede their personal judgement. Watching the budget fiasco is reminding me of why I supported the Open Primary.

Posted by: Tom Kaptain at July 27, 2007 02:09 PM

Cavala fails to mention it, but compounding the problem with the districts is the fact that under any redistricting schme, there is always going to be 1/3rd of the districts which will be anti-government, anti-tax, anti social welfare. This means that people are for these things need 1/3rd of the districts to be for these things, as a counter-weight in budget negotiations. Democrats have enough districts to do that now, but under a commission, they will get rolled with regularity, as they will lack the number of seats necessary to block a budget with draconian cuts for the needy.

Posted by: publius at July 27, 2007 02:12 PM

Bill: regretting that 2001 bipartisan gerrymander agreement now?

In community-oriented districts (like those of the 1990s), the national Democratic wave of 2006 would have been virtually certain to swing at least 2 Senate districts to the Dem's, and Perata would not need any Republican votes for the budget.

But the Sacramento powers-that-be chose bipartisan incumbent protection over California's communities and people, and Republican seats were nicely insulated against the 2006 national wave, leaving Republicans with budget leverage in the Senate.

Ah, karma.

Posted by: Doug Johnson at July 27, 2007 04:04 PM

Nice try, but the Democratic sweep of last year would probably not have elected enough Senators to give them 2/3rds even if you assume that the redistricting commission could have done the job in an evenhanded manner which is a big assumption.

To get a rough idea of how the parties would have done under a different system, all you have to do is total up the number of votes cast for the nominees of each party and then compare the percentage of votes received with the current breakdown by the nominees of each party.

Posted by: Tom Kaptain at July 27, 2007 06:10 PM


i regretted the bipartisan redistricting of 2001 then. (But i had a nice guy as Speaker)

Posted by: william cavala at July 27, 2007 08:27 PM

I always thought you didn't have it in you.

I also believe you had a governor who didn't want too much trouble.

One more before we go?

Posted by: Doug Yoakam at July 27, 2007 10:34 PM

Bill - I appreciate the straightforward answer. I didn't know that.

Tom - that analysis simply does not work. With all of the very low turnout (generally drawn with the Voting Rights Act in mind) districts in Democratic hands, Democrats do not need as many votes statewide as Republicans would need to win the same number of seats.

(Note that this is not a complaint, nor a change of gerrymandering, rather simply a statement of one result of the Voting Rights Act.)

Posted by: Doug Johnson at July 30, 2007 07:59 AM

Doug,

That lower minority turnout is precisely what swings a lot of districts to Republicans in marginal areas and for the more partisan among us is one of the reasons to have opposed 77 with the idea being that even if the lines were drawn in a fair manner, if they are drawn in line with partisan registration and one side has higher propensity voters, that side has an edge going in. Not my problem with the idea, but still worth mentioning.

But I also think your analysis is pure PR. First you are talking about the state Senate where only half the seats are up in a given year. You are also talking about a state where the Governor could have done more to win seats for his party in a year he was winning overwhelmingly if he thought he could really make a difference across the board. There would have been just as much of a chance of Republicans gaining control of one house of the legislature as there would have been of Democrats getting to 2/3rd's.

Posted by: Tom Kaptain at July 31, 2007 08:06 AM

Tom,

Thanks for the thoughtful comments, but the numbers aren't there.

The Senate Dem's are just 2 seats from a 2/3 majority. Republicans are 6 seats from a simple majority. The odds are much higher that Senate Dem's take 2/3 than Republicans take control (and 2006 would have proven that true).

In the Assembly, Republicans are 9 seats from a majority, Democrats are 6 seats from 2/3. It's a more even shot (1994 proved that), but the Dem's still havae better odds of getting to 2/3 than Rep's have of winning a majority.

The obvious problem would be if more currently safe Dem seats became competitive in a "fair" redistricting than safe Rep seats, which is a fair concern theoretically, but the Rose Institute study found equal numbers of each party's "safe" seats could get tossed into the competitive range -- the Dem's numerical superiority in districts held is offset by the Voting Rights Act protections for safe Dem seats in heavily minority areas.

It may have been the safe bet for Dem's to make in 2001 (but giving the new 53rd Congressional seat to the minority party was a high price to pay), but 2006 showed it was the wrong bet strategically for the party -- and it was wrong for the voters.

But of course David Dreier, John Doolitte and Ken Calvert all thank the Dem's for the deal -- each has a much safer seat now than in 2000, and McNeney's seat is much harder for him to hold thanks to the 2001 deal too (Stockton's Dem neighborhoods were taken out of McNerney's district and put into Costa's district to enable Cordoza to beat Costa in the primary).

Posted by: Doug Johnson at August 4, 2007 12:32 AM

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