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California Voters FIRST Presents a Balanced and Bipartisan Effort for Redistricting Reform

Janis-R.-Hirohama.gif By Janis R. Hirohama

Speaking for the proponents and strong allies of the California Voters FIRST initiative, I found it perplexing to learn of Speaker Núñez’s apparent opposition to our well-balanced and bipartisan effort to secure a fair redistricting process for California. A diverse group of organizations has been working since 2005 to eliminate the current conflict of interest in the redistricting process and have attempted to do so in cooperation with the Legislature. For the past three years, the Legislature has promised to put a redistricting reform measure on the ballot – and the Speaker himself has been widely quoted as supporting redistricting reform. But at the end of each legislative year, no progress has been made. After three years, it’s clear that real reform is going to require an independent initiative.

This is the environment that prompted us to move forward with our California Voters FIRST initiative. We will continue to qualify our measure for the November 2008 ballot and will conduct an aggressive campaign to see it enacted by voters. We will not be deterred in our efforts to give communities the voice they deserve and end the status quo that brings nothing but partisanship and gridlock to Sacramento.

It is ironic to hear of politicians of both parties claiming that our measure is a “power grab” by the other party. For voters, these baseless claims may be strong evidence that in fact, this IS a power grab, but not the kind the politicians claim. It is a political power grab by voters and concerned Californians from every corner of the state and every political persuasion—and it deserves their support.

The idea of somehow combining an as yet unseen redistricting proposal with a term limit reform proposal appears to be nothing more than an attempt to derail our efforts to enact a fair and nonpartisan redistricting plan. If the Speaker’s support of fair redistricting were an honest effort, we believe he would endorse our initiative and pursue a separate term limit measure.

We have the unique opportunity to provide Californians with a positive, voter-centered alternative that will result in much-needed change in all aspects of the redistricting process. California Voters FIRST protects and enhances the Voting Rights Act as a guiding principle. Openness and transparency are built into every aspect of the process to prevent the recurrence of the most insidious types of gerrymandering that all too often occur behind closed doors.

The California Voters FIRST redistricting measure empowers all voters in the state of California by means of the following features:

Enhanced Voting Rights Act Protections. California Voters FIRST significantly strengthens the protections embodied in the Voting Rights Act, by expressly prioritizing it high in the list of mapping criteria, and repeatedly requiring its consideration when applying other criteria. Currently, the California Constitution does not even reference the Voting Rights Act in its recitation of redistricting criteria. (See Cal. Const. Art XXI, Sec. 1).

All Relevant Data Permitted for Voting Rights Act Compliance. The primacy of the United States Constitution and the federal Voting Rights Act in the Initiative’s list of redistricting criteria guarantees that information required for compliance with the Voting Rights Act must be considered.

Respect for Communities, Cities and Counties. California Voters FIRST elevates consideration of community of interest concerns, testimony, and information, by requiring the Commission to respect the “geographic integrity of any city, county, city and county, neighborhood, or community of interest.” Currently, “respect for communities of interest” is not listed as a redistricting criterion in the California Constitution.

Nesting Criteria. California Voters FIRST requires the nesting of two assembly districts within one senate district. This can reduce voter confusion and political gerrymandering. California Voters FIRST requires nesting but only if the Voting Rights Act is satisfied.

Creation of a Qualified, Diverse Commission. California Voters FIRST creates a selection process for the 14 Commissioners designed to ensure that applicants are chosen who represent the geographic, racial, and gender diversity of California, and who possess relevant analytical skills and the ability to be impartial. We envision that demographers, city planners, lawyers, civil rights leaders, academics and people who are civically active would apply and be considered. The 14 Commissioners would include 5 people from the largest party, 5 from the second largest, and 4 others unaffiliated with the two largest parties.

Commission Selection. The selection process has three stages to ensure checks and balances: All California voters who meet basic requirements and have no conflicts of interest may apply. STEP 1: The State Auditor narrows the applicant pool to 60 people based on their qualifications and diversity. STEP 2: The Legislative leaders may strike a limited number of names from that list. STEP 3: The Commissioners are selected — 8 randomly and 6 chosen — to ensure a balance of skills and diversity.

Open and Public Process. California Voters FIRST makes proceedings and deliberations open, transparent, and accessible to all members of the public, including civil rights organizations. In the past, legislators have hidden their conversations behind claims of legislative privilege to prevent discovery of illegal or otherwise racially discriminatory intent in crafting a plan. California Voters FIRST puts everyone on an equal footing with legislators and prohibits ex parte communications with Commissioners by legislators. Additionally all maps and testimony must be posted on the Internet for the public to review.

New Congressional Standards. California Voters FIRST creates new rules for drawing the Congressional districts that the State Legislature must follow. The Legislature must: 1) abide by the same open hearing rules that the Commission must follow, which are stricter than what currently applies; 2) follow the same ranked list of mapping criteria that the Commission must follow, which prioritizes the Voting Rights Act; and 3) coordinate with the Citizens Redistricting Commission to hold concurrent hearings, provide access to redistricting data and software, and otherwise ensure full public participation in the redistricting process. This language was specifically included in California Voters FIRST to address concerns that multiple hearings would be burdensome to regular folks wishing to participate. In 2001, separate hearings were held by the Assembly and Senate, creating challenges for community members to testify.

The California Voters FIRST redistricting measure is a fair, bipartisan effort and we urge Californians to support it. For more information please visit www.cavotersfirst.org.

Janis R. Hirohama is President of the League of Women Voters of California. An attorney, she is a graduate of the New York University School of Law and previously served as First Vice President of the League of Women Voters of the United States.

Posted on April 17, 2008

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