Nunez Holds Last Press Conference and Unveils Redistricting, Term Limits, and Contribution Ban Proposals

Congressional district boundaries would be treated slightly differently. They will still be drawn by the Legislature, but “the process would be bound by many of the same rules that apply to the commission,” according to Nunez.

According to the California Majority Report this morning: “The proposal will be included in two pieces of legislation: ACA 1, which includes the bulk of the proposal, and AB 3069, which contains a statutory provision relating to the new redistricting commission.”

Nunez has had extensive discussions with Republican Assembly Leader Mike Villines and has also discussed redistricting changes with Governor Schwarzenegger. The Majority Report article was optimistic about passage, saying: Assembly GOP Leader Mike Villines is expected to be supportive of the plan, with Assembly action slated for sometime in the next few weeks.” But a comment appeared relatively quickly from Morgan Crinklaw, Communications Director for the Assembly Republican Caucus that stated: “Assembly Republican Leader Villines has always been a strong supporter of reforming redistricting. It should be noted, however, that this bill does not include his input, nor is it the product of negotiation or compromise. I hope this is a first step toward meaningful negotiations so we can reform redistricting once and for all.”

Nunez indicated in the press conference that he was hopeful that there would be one grand redistricting proposal agreed to by all the major parties including those who have apparently qualified a measure for the November ballot—and that united it would pass.

Term Limits

Here, what he is proposing is much like Proposition 93 that he spearheaded in placing on the February ballot—but with some changes that may make this measure much more popular with the voters and give it a good chance of passage by them. The term limits provision would reduce the maximum amount of time of service in the legislature from 14 years to 12 years. It would allow a person to serve all their time in one house. The provisions included in Prop 93, which “grandfathered” several legislators, have been removed; the proposal has a transition period that allows sitting members of the legislature to serve no more than the total number of years permitted under current law.

Campaign Contributions Ban During Budget Negotiations

This would prohibit campaign contributions to legislators and the Governor from May 15th until the budget is enacted. May 15 is the typical time for the release of the May Budget Revision.

Here are some “fact sheets” released by Speaker Nunez as part of the press conference:

How the Speaker's Redistricting Proposal (ACA 1)
Differs from Other proposals

• Fairest criteria -- Only ACA 1 ensures that communities of interests will not be divided based on artificial boundaries (i.e. city/county boundaries) or criteria (i.e. shape ["pretty'']). Only ACA 1 requires compliance with the Voting Rights Act and contains additional language to ensure that it continues to be enforced fairly.

• Strongest diversity protections -- ACA 1 has the largest commission, allowing for more diversity. (SCA 9 is the only other proposal that requires diversity be considering during each step of the selection process).

• Strongest public input provisions -- Only ACA 1 requires public input during the commission selection process, starts the commission in the fall of the zero year to allow for more public input, and requires public hearings before the release of any census data.

• Does not penalize Democrats for embracing reform -- Democrats are 61% of legislature, 44% of registered voters and only 36% of the other commissions. ACA's commission is 41 percent Democrats and Republicans are 41 percent.

• Greatest flexibility for the future -- Unlike the other legislative proposals, creates a process where problems can be fixed without going back to the voters.

• Strongest checks and balances — It includes strong provisions against any plan that favors incumbents or favors one party.

• Proven to Work -- Arizona is the only state with anything similar to the screening process used to select the entire commission in the other proposals, and they are still in court.

ACA 1 and AB 3069 Fact Sheet

General

ACA 1 Contains constitutional provisions to shift redistricting of state districts to a commission, modify term limits and establish a fundraising blackout period.

AB 3069 Contains statutory provision relating to the new redistricting commission. Redistricting

Transfers authority for drawing Assembly, Senate and Board of Equalization districts to a "hybrid" redistricting commission (17 total members)

• 9 chosen by lot from a screened pool (3 Democrats, 3 Republicans, 3 Other). No legislative involvement.
Panel of 10 sitting and retired judges establishes three pools of nominees (15 Democrats, 15 Republicans, 15 Others)
Governor may then strike up to 6 nominees. (No more than 2 from any one pool) 9 then chosen at random (3 from each pool)
• 8 selected by legislative leaders (4 Democrats and 4 Republicans)
• 2/3 vote of both pools required to adopt a plan or hire staff.

All commissioners subject to the same eligibility requirements.
• Requires all commissioner:
Have the knowledge, experience, skills and ability to carry out responsibilities.
- Commit to being honest, independent and impartial.
- Be registered with the same political party for at least 3 years.
• Excludes:
Anyone who has recently run or been elected to state office. Also excludes their family members.
All state political party officers, state and federal lobbyists, and employees of the Legislature, Congress, the Board of Equalization and statewide officials.
• Prohibits commissioners after serving from holding elective public office, being appointed
to a paid position or serving as a lobbyist for three years.

Diversity required during all steps of the process
• Selection of screening panel
• Establishment of nominee pools.
• Selection of commissioners by legislative leaders.
Applies neutral, non-partisan criteria to drawing of lines. In order of priority, requires that plans:
§ Comply with the Federal Constitution, including population equality.
§ Comply with the Voting Rights Act.
• Be geographically contiguous.
• Respect communities of interest.
§ Respect city, county and visible geographic boundaries.
• Be consecutively numbered.
§ Be reasonably compact.

ACA 1 and AB 3069 Fact Sheet

• May not consider incumbent or candidate residences, except to comply with other provisions.
• Does not require nesting.

Requires increased public input and transparency.
• Public input required during each step of the commission selection process. Selection of screening panel.
Selection of nominees.
Selection of commission.
• Requires public input during all steps of creating a plan.
- Mandates a four step public hearing process, including hearings in different regions of the state.
Clear rules established in advance for public testimony.
Anyone can testify and submit plans.
Requires transparency.
Commission subject to Bagley-Keene and the California Public Records Act. Prohibits ex-parte communications by commissioners.
Requires a report by both the commission on the final plan's compliance with the criteria.
• Requires public have access to redistricting software and a common dataset.
• Plans would still be subject to referendum.

Legislature would still draw Congress, but would be bound by many of the same rules that apply to the commission, including:
• Public hearing process.
• Neutral, non-partisan criteria
• Requirement to report on the final plan's compliance with the criteria.

Term Limits

Reduces maximum amount of time a person can serve in the Legislature from 14 years to 12 years. Allows a person to serve all their time in one house.

Has a transition period that allows sitting members of the Legislature to serve no more than the total number of years permitted under current law.

Clarifies status of previously termed-out members. Makes clear they would be allowed to return, but subject to the old limits.

Fundraising Blackout Period

Prohibits campaign contributions to Legislators and the Governor from May 15th until the budget is enacted.