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California Redistricting Reform: Arguments Against Prop 11 Don’t Hold Water to This Progressive Democrat

Roy-Ulrich.gifBy Roy Ulrich

If Linda Sutton’s op-ed which appeared in the California Progress Report last week were simply a hit piece against Proposition 11, that would be at least tolerable. But it was a verbal attack based wholly on false assertions, which, in my view, makes it much worse. Let me count the ways:

• Ms. Sutton mentions a "convoluted maze" in Prop. 11 to choose the 14 independent commissioners who would draw district lines for the California legislature beginning in 2011. Fortunately, this "maze" is light years ahead of the Dark Age secrecy that shrouds how districts are drawn using today's rules. In 2001, Legislators held their perfunctory public hearings, and then withdrew behind closed doors, where the actual maps were drawn, out of the public eye, by special consultants, who were paid huge sums of money by the legislators to make their districts ultra safe. Requests for information as to how those maps were drawn were summarily denied. To this day, that information remains hidden from public view.

Under Prop. 11, the entire process is open to the public. No secret meetings are allowed! No closed doors!

• If there is deadlock on the Commission, Ms. Sutton correctly states that the California Supreme Court – one of the most respected state courts in the country - would then appoint special masters to draw the lines, much as they did in 1991. And what happened in that year? The Special Masters did a much better job than our legislature did in 2001. For example, the Assembly had more Democrats under the 1991 Supreme Court plan (50) than they do now under the gerrymandered plan (48). As for the charge this is a Republican Court, it should be noted this is the same Court that recently declared unconstitutional the state law limiting marriage to people of the opposite sex.

• Ms. Sutton attacks the State Auditor, Elaine Howell, as a political appointee. She conveniently fails to mention that this position does not term out when the governor leaves office or that it was former Governor Davis who originally appointed Ms. Howell.

• Ms. Sutton seems concerned about possible gridlock on the commission because it will take nine votes to approve the maps: three Democrats, three Republicans and three others. To believe that a commission would adopt a plan that would end Democratic majorities necessarily demands that you also believe that three out of the five Democratic members of the commission would be GOP moles or such morons that they wouldn’t understand what were happening.

And, of course, she neglects to mention that it is the legislature that is currently gridlocked, in part, because Republicans have enough safe seats to block a budget that might actually include a tax increase.

• Ms. Sutton next goes on to tell us this is a Republican power grab and presents us with an edited list of supporters and contributors. She fails to mention that among Proposition 11 supporters are Gray Davis, Steve Westley, former Speakers Bob Hertzberg and Fred Keeley, and the Democratic mayors of Berkeley, San Leandro and Hayward. As John Wildermuth of the San Francisco Chronicle recently reported on August 13th:

“Some of the Democrats' go-to money people also are breaking ranks over the redistricting measure. John Doerr, a Silicon Valley venture capitalist, and his wife, Ann, gave $500,000 to the Democratic State Central Committee in 2006, but have given $20,000 to Prop. 11.

Eli Broad, a Los Angeles investor, gave $300,000 to block Davis' recall in 2003, $50,000 to support the Democrats' unsuccessful term limits revision measure this year, $100,000 to the state central committee in 2001 and thousands to other Democratic candidates. He put $25,000 into the Prop. 11 kitty.

Sacramento developer Angelo Tsakopoulos has been a regular Democratic donor, putting millions into his close friend Phil Angelides' 2006 campaign for governor, giving $3.6 million to the state Democratic Party in 2006 and writing checks to other Democrats, including $100,000 to Perata's legal defense fund. But he's on the other side when it comes to redistricting, giving $25,000 to the Prop. 11 effort.

Even Haim Saban, a big-time party donor who gave $100,000 to the Democrat's successful effort to defeat Schwarzenegger's 2005 redistricting measure, has given $100,000 to back Prop. 11.”

• Ms. Sutton complains that the commissioners will be paid. I'm afraid that's true. The Independent Commissioners will be paid $300 per day while working on the new mapping. But that is a far cry from the $1.3 million paid by members of the California legislature in 2001 to one Michael Berman so that he could draw ultra safe districts for everyone, Republicans included.

• Finally, Ms. Sutton says that with Prop 11 all accountability ends. Actually, she has it completely backward. As it now stands, redistricting is the process by which incumbent legislators select their own voters. When politicians draw their own district lines, it’s akin to putting the fox in charge of the hen house. Example: Since 2001, over 99% of incumbents have been reelected, and most of them by margins of victory greater than 20%. Due to declining registration, Republicans might well have lost seats in this past decade had it not been for incumbent-protection gerrymandering engineered in 2001. Instead, Republicans have been able to maintain 40% of the Assembly and 37% of the Senate seats despite the fact that Republican registration has decreased from 35% to a little over 32%.

If we don’t change the system with Prop. 11, 2011 is going to be another year in which Democrat and Republican incumbents agree amongst themselves to protect each other with sweetheart districts that cut out challengers and dissident voices. That would include such voices as Marcy Winograd, who challenged incumbent Democrat Jane Harman in 2006 in the 36th Congressional District and garnered a surprising 38% of the vote. When the lines are redrawn in 2011, Mr. Berman or his successor may simply draw Ms. Winograd’s residence out of the district or make the district more moderate, thereby increasing Ms. Harman’s chances of winning the primary. That’s something for people who call themselves progressive democrats to ponder.

Roy Ulrich is a member of Progressive Democrats of Los Angeles. The views expressed are his own.

Posted on August 19, 2008

Comments

Proposition 11 has 2 giant loop-holes in it---and more!

Giant loop-hole #1 allows the Legislature to change the make up of the so-called Citizens Redistricting Commission in future years. Thus allowing the Legislature’s skilled gerrymanders to dominate the process in the future just like they do now. (see Government Code, Chapter 3.2. 8251. (c, 2,3,4)

Giant loop-hole #2 is that this so-called Citizens Redistricting Commission can craft new districts anyway they want, just by calling them Communities of interests. (see Article XXI, Sec. 2. (d4)

That’s right, by using the “communities of interests” criteria, they can run districts hundreds of miles across the state. And, because there is no definition for community of interest, the commission is allowed to define it anyway it want.

So, that’s the way it is, “politics”. The drafters of this initiative hid their loop-holes so well that Governor Arnold Swartzenegger was not aware of them last time I talked to his staff.

Even worse than these giant loop-holes is the selection process. It invites every partisan political machine in the state including giant corporate lobbyist and labor unions to recruit potential members of the commission---ringers. The list of ringers will certainly include the best gerrymanders California’s political machines have to offer. Naturally, Democrats will call it a Republican power grab and Republicans will call it a sceme to take redistricting powers out of the legislature and give it to liberal non-profits controlled by giant public employee unions.
Last, we must all ask ourselves. “why isn’t Congress included?” The drafters are very candid about this. They simply admit they want Nancy Polosi to be able to Gerrymander Congressional Districts next time around.

For these reasons, I cannot support Prop11.

Edward J. (Ted) Costa, fairdistrictsnow.com

Posted by: Ted Costa at August 19, 2008 11:41 AM

Progressive Democrats of Los Angeles (PDLA) VOTED OVERWHELMINGLY to OPPOSE PROP 11 at our August meeting. The endorsement committee, of which I am co-chair, voted UNANIMOUSLY to OPPOSE PROP 11.

So, while Roy Ulrich may be one of the hundreds on the mailing list, he has never been a voting member OR attended a single monthly meeting of PDLA. Therefore, we would question his self-identification with our organization.

From what I've learned, his position is primarily as a member of Common Cause, the organization paid $40,000 by the governor's PAC that is supporting this measure. So, why did he choose to conceal his true allegiance?

I suspect it is for the same reason that he has tried to mislead voters into believing that this is some sort of real reform...which it is not.(thank you, Ted, for your helpful addition above)

Roy's personal attack on my analysis does require rebuttal, particularly because of the vitriolic nature in which it was written.

To note: I did not "attack" our auditor general. I did try calling her office for more information about her, however, and was told that only her attorney would speak to the media. Seemed unusual that the state would be paying an attorney to act as a spokesperson for a political appointee. Her appointment by Davis is immaterial. She IS a political appointee.

To note: 6 of the 7 Supreme Court justices WERE put into office by REPUBLICAN governors.

To note: I did list only a portion of the many contributors that are on the committee filings as well as those somewhat obscured by other committee names filed under the first. Anyone who wishes to spend a huge amount of time compiling exactly who these people are is welcome to do it. I chose only a few for illustration purposes and provided the LINKS to the Secretary of State's website for further investigation (see my original piece for this).

Roy has pulled out the sprinkling of Democrats from the overwhelmingly REPUBLICAN LIST of big name contributors and attempted to obscure the main point....that this IS A REPUBLICAN EFFORT which is no less a threat to our state than what Tom DeLay did to Texas in their redistricting.

To note: Commissioners are paid $300 per meeting (not per day)+ expenses, BUT there is a parallel NEW BUREAUCRACY that is to be formed with unlimited funding (again, see original article). This is in addition to the existing state legislature's redistricting staff that will continue to function.

Roy seems overly concerned with Michael Berman's contract to redistrict last time around (Michael is Howard's brother). I'm certainly not going to justify anything he did, but in the interest to CLARITY, he should have said that this measure does NOT cover congressional redistricting at this time, only the assembly, state senate and board of equalization offices. And the idea that a new state bureaucracy would cost LESS than $1.3 million is preposterous. It has been noted that congressional redistricting would be affected later by the changes in the state legislature that happen as a result of Prop 11.

Lastly, anyone who thinks Prop 11 is "fair" needs to spend some serious time studying the actual text and exploring the Secretary of State's website for the committees supporting this. Hundreds of thousands from the various corporations and business interests are NOT pouring in because they have an overwhelming desire to support our democracy. They're doing what they always do. Buying the vote. It's all about MONEY and fooling enough of the people to get this passed.###

(I was out of the country when Roy posted this...resulting in the delay in response)

Posted by: Linda Sutton at September 1, 2008 03:20 AM

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