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Much at Stake in California's Redistricting System

towashington 089.gif By Bill Cavala
A veteran of over 30 years in Sacramento

As the 1980’s began, Democrats controlled both houses of the legislature and, with their sitting Governor, Jerry Brown providing a signature, and his Court ratifying that judgment, the entire government of California.

As a result, redistricting in 1981 was strictly a Democratic affair. In the State Senate, districts were modified to take care of population changes, but otherwise incumbents kept what they had. It satisfied the Democrats – and the Republicans.

In the Assembly, then new Speaker Willie Brown was struggling to increase the 50% support he held among the Democrats while holding on to the Republican votes that had elected him the previous November. But Assembly redistricting proved difficult. The seats short of population were in Democratic areas (Bay Area, Los Angeles). Brown thought to resolve it by dropping a Republican seat in the Bay Area and a Democratic seat in LA. Republicans, believing a ‘fair’ redistricting would give them net gains, revolted. They withdrew their support for Brown. But Brown survived because the dissident Democrats closed ranks behind him.

Redistricting made Brown a Democratic Speaker in fact.

Embracing necessity, Brown accepted the recommendations of the Democratic Congressional Delegation provided by his old mentor Rep. Phil Burton. I’ll leave it to historians to describe the details, but that was a gerrymander, providing Democrats with enough additional seats to keep President Reagan from having a Republican Congress after the 1982 elections.

It was Congress, not the Legislature, that was the focus of most redistricting mayhem

The Court’s let the new Congressional lines stand after a Republican referendum, and they voted predictably Democratic. Republicans believed they could strike the lines in Federal Court, and sued. Eight years later they lost as the U.S. Supreme Court upheld the use of partisan considerations to draw lines. It was at that point that serious GOP efforts began to recruit US Senator Pete Wilson away from his federal career pattern and into Governor of California where he could thwart a repeat of 1982.

Prior to this, a Republican lawmaker had used his personal fortune to qualify a ballot measure that would substitute a GOP gerrymander for the plan adopted by the Legislature in 1982. Before the measure faced voters, the California Supreme Court struck it down, arguing that redistricting was a once-a-decade event. This so angered Republican forces that they mounted a campaign against the Chief Justice and her closest cohorts in the subsequent election – and defeated them all.

A new Court majority. Governor Pete Wilson. A House of Representatives that stayed Democratic in the face of the Reagan revolution. The transformation of Willie Brown from a bipartisan figure to the most voracious Democrat in California’s history. Serious events traceable directly to the Constitutional provision that gives the Legislature the responsibility of redrawing district lines each decade.

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 October 15, 2007

Comments

Cavala's history is skewed. The Democrats picked up 25 seats in 1982 and with or without a Democratic controlled redistricting in 1981, would have not have lost the Congress in 1982. The advantages of leaving redistricting in the hands of the Democrats, particularly Willie Brown and Richard Alatorre (who chaired the Electons & Reapportionment Committee), is that minority representation was much enhanced in the Assembly and Congress. Where the redistricting was bipartisan (as in the 1981 Senate plan and also the 2001 redistricting), minority representation is not enhanced. It is no accident that there is not a straight white male in the Assembly leadership whereas Perata (who is an excellent leader) is a white male, as redistricting in the Senate has never run to minority representation.

Democrats need to understand what is at stake here, and on that I agree with Cavala. John Fund has an article in the WSJ
http://www.opinionjournal.com/diary/?id=110010735
describing the consequences of redistricting "reform"--not surprisingly, he is in favor of reform which turns power over to Republicans in California, while being silent about Texas, which was of course the true power-grab of this last decade.
But he quotes Tony Quinn as saying the Democrats might attempt to get a 2/3rd's majority in each house of the legislature, which he finds appalling. But Democrats should attempt this in 2011, as
California has an undemocratic 2/3rd's vote requirement for revenue measures (budget and taxation). Until that is changed to a simple majority, Democrats need to hold onto redistricting. This is the trade that should be offered to Republicans, with the 2/3rd's vote change coming first, say in November of 2008, and, only if successful, a redistricting reform (not including Congress unless other states go along) in 2010. There is no reason Democratic leaders should give away a procedure which hurts their coalition except for reform which benefits their coalition.

Posted by: publius at October 15, 2007 02:02 PM

Publius, your history is inaccurate, while Bill's is incomplete.

Bill leaves out that a referendum quickly invalidated the 1981 redistricting plan. The Rose Bird-led California Supreme Court made the extremely controversial move of implementing the plan despite the qualified referendum, and the 1982 election saw both the gerrymander's aims successfully achieved AND California voters rejecting the gerrymandered plan.

The problem was that the referendum allowed voters to throw out the hideous 1981 gerrymander, but it did not change who had the power to draw the replacement plan. The new plan, signed into law just in one of then-Governor Jerry Brown's last acts before leaving office, was a bipartisan agreement between the Democrats and most of the Republicans who survived the 1981 gerrymander.

Publius, most minority-majority districts in California were drawn by independent courts in either the 1970s or 1991. NOT by Democratic gerrymanderers.

Posted by: Doug Johnson at October 15, 2007 10:28 PM

Johnson notes the 1981 plan was referended, but fails to note that the second plan, signed into law on January 2, 1982, was passed as an urgency measure for the Assembly and Senate, which means what you think is does--REPUBLICAN MEMBERS VOTED FOR THE "HIDEOUS" GERRYMANDER (unless Johnson is claiming that the 1982 plan was not a gerrymander?) Gee, that's the type of integrity I observed in the Republican Congress from 2001-2006.

As far as minority representation goes, most of the minority districts didn't exist in the court 1991 plan, but became that way in the 1990's, thanks to demographic change. The 2001 plan protected these newly minority districts, even at the expense of geographic compactness (the AD 30, 31 and 80 are all good examples of this, where populated areas are bypassed to maintain the ability of a minority member to win in the presence of widespread racially polarized voting. Incidentally, the AD80 has been represented by a Latina Republican, showing that the "gerrymander" is not really that at all, if the Republicans would give up their tired idealogy which is anathema to pretty much all thinking Californians and nominate candidates who take issue stances which are acceptable. What the Republicans are really after is a set of districts where they can have enough competive seats that, with 1/3 blocking the budget, they can roll enough marginal members to get whatever they want. Trading the 1/3 veto for redistricting changes is the only truely democratic reform here, but when we talk about selfishly refusing to give up power, Republicans don't mentino this.

Posted by: publius at October 16, 2007 07:29 AM


Publius is correct. The Repubilcah Party would do better if they fielded better candidates.

Thoughts of obtaining a 2/3 majority in the Legislture through redistricing are, unfortunately, fanciful. Try mapping 54 Democratic seats out of a state population that is 44% Democratic - all the while obeying federal and state laws. Oh, then get the votes of those effected.

Posted by: william cavala at October 16, 2007 09:09 AM

54 dem seats in 2011? We will certainly try Bill. Oh Yes! We will try.

Posted by: Jack at October 16, 2007 02:49 PM

Publius, you need to read my entire post before responding. I mentioned exactly the post-referendum plan adoption you accuse me of ignoring.

Posted by: Doug Johnson at October 16, 2007 04:55 PM

Johnson's exposition is somewhat confused:

"Bill leaves out that a referendum quickly invalidated the 1981 redistricting plan. The Rose Bird-led California Supreme Court made the extremely controversial move of implementing the plan despite the qualified referendum, and the 1982 election saw both the gerrymander's aims successfully achieved AND California voters rejecting the gerrymandered plan."

The referenda was in June of 1982, whereas the "aims" were not achieved until the November election. My point about Republican expediency still stands--if the Reps had not voted on the January 1982 redistricting as an urgency measure, it could have been referended, and (I think) Deukmejian could have called a special election in 1983 (he did anyway, on Sebastiani, which Cavala refers to in his original post) and the second "gerrymander" would have been invalidated and Deuk could then have vetoed anything he didn't like and either he could have gotten a plan he wanted or the court would have drawn the plan. The Reps liked their seats (this was before term limits and there was a lucrative legislative pension). In fact, I think the Dems have the wrong slant on things--they should just bribe the Republicans. There's going to be spent 3 billion this time around in the presidential, and how much was Cunningham on the take for? Not that much--it would have been cheaper to bribe him than run against him. And we could slip them a few pages, also (or maybe a stall in the men's room in the US Capitol allowing a "wide" stance).


Posted by: publius at October 16, 2007 06:24 PM

P: Which one of us has the "confused exposition"? I leave that for the readeers to decide.

Posted by: Doug Johnson at October 17, 2007 10:13 AM

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