California Congressional Districts Redistricting Controversy Intensifies
California’s Congressional district redistricting controversy escalated this week. Last Thursday, Governor Newsom signed Proposition 50, attempting to empower the State Legislature to redraw Congressional districts through a referendum. On Monday (25th), eight California Republicans, including former Chinese-American Mayor Eric Ching of Walnut, filed a lawsuit with the California Supreme Court.
On Wednesday (27th), Newsom posted on his X account: “48 hours later, this case was dismissed. Let’s continue, we will keep on winning.” Information on the California High Court’s website also indicates that the case is now “closed.”
Last week, several Republican leaders in the state requested the court to stop the hurried passage of the bill, which was immediately rejected. Former President Trump stated on Monday that he would sue California through the Department of Justice.
Ching ran for the 38th Congressional District of California last year. He revealed that he and seven other California Republicans, including four state legislators, filed a lawsuit (Sanchez v. Weber) with the California Supreme Court, accusing the state government of unconstitutionally passing Proposition 50, titled the “Election Rigging Response Act,” to usurp the power of Congressional redistricting.
Proposition 50 aims to transfer the power of Congressional redistricting in California to the legislature and schedule a special election for November 4th for public approval. The three related measures are: ACA8, a constitutional amendment to temporarily redraw Congressional districts; AB604 establishes a temporary Congressional district redistricting plan; and SB280 sets the schedule and procedures for Proposition 50’s special election and provides election funds.
The bill swiftly passed the Democrat-controlled state legislature last Thursday with a two-thirds majority vote and was signed into law on the same day by the governor. The eight Republicans requested judicial intervention, instructing the Secretary of State not to include it on ballots.
Ching stated that California already has laws and regulations in place to handle redistricting issues, but the governor and state legislators bypassed these rules, blatantly ignoring legal provisions.
In accordance with Proposition 11 passed in 2008 and empowered in 2010, an independent body – the California Citizens Redistricting Commission – is responsible for redistricting the state. Congressional districts are usually redrawn every ten years. The most recent redistricting was completed in 2020 and took effect in 2022. As per tradition, a new redistricting can only occur in 2030.
If Proposition 50 is supported by a majority of voters in November, the California Citizens Redistricting Commission would be halted from operating for the remaining time in this decade.
Republican leaders in the state demanded last week that the court halt the rushed passage of the bill in the legislature, pointing out that there was insufficient public notice, violating the state constitution’s 30-day requirement. The lawsuit was promptly rejected by the judges.
In addition to noting that the bill was only submitted four days before the legislative vote, the lawsuit filed on
Monday added a new argument: ACA8 requires voters to simultaneously make two decisions – redrawing California’s Congressional districts and requiring Congress to pass a constitutional amendment to establish independent redistricting commissions in all states, violating the state constitution’s single-issue limit on ballot initiatives.
Ching believes that the legislature’s secretive map-drawing is clearly overreaching. Their lawsuit aims to uphold California’s constitution and democratic principles, preventing wastage of public resources on ineffective voting.
California has 52 congressional districts with 52 representatives in Congress representing California voters. However, despite Republicans accounting for 38% of the state’s population, they only hold 9 seats, while the Democrats clearly dominate. If Proposition 50 passes, three Republican seats in California could be at risk, with
two more facing greater challenges for reelection.
Currently, Republicans marginally lead the U.S. House of Representatives with 220 seats to 212; redistricting in California could significantly impact Congressional control and influence U.S. political decision-making.
California’s new proposal was triggered by Texas passing a new congressional redistricting bill last Friday (22nd), awaiting the governor’s signature. The state currently has 36 congressional districts, and based on the 2020 Census results, two new congressional seats are added due to population growth. However, some Democratic Congressional members argue that some redistricting harms minority representation.
Governor Newsom, when signing three bills under the “Election Rigging Response Act” last week, stated: “California residents have been targeted by the Trump administration, and thanks to the efforts of the California legislature, Californians will have the opportunity to counter this.” Trump previously called for redistricting in Texas.
Ching stated that the legal nature of Texas and California’s actions is completely different. He said, “California has a redistricting commission, while Texas doesn’t. Although there are doubts about Texas’ actions, they are legal. California’s actions, on the other hand, are entirely illegal.”
He also pointed out that if this unconstitutional measure makes it to the ballot, it will bring unnecessary costs and immense uncertainty to election officials and the public: counties will need to readjust voting systems, set up polling stations, educate voters, handle ballots, etc.; at the same time, hundreds of millions of private dollars will be wasted on supporting and opposing campaigns.
Proposition 50 has garnered significant support in California. According to Campus Reform, a conservative oversight group, one of California’s largest political donors, the California Teachers Association (CTA), has donated $3 million to the bill, and the president of Planned Parenthood in California has pledged full support for the proposal.
Before signing the bill, Newsom stated, “We will be the first state in American history to empower our people to decide on their own maps in the most democratic way.”
Regarding the court’s dismissal of the lawsuit, Ching said it was one of the outcomes they anticipated; if the court accepts the case, it will have to judge the unconstitutionality of the state legislature. He believes that the court’s evasion highlights California’s one-party dominance, which is a major irony in terms of so-called “democracy,” and urged California voters to use their ballots to oust authoritarian politicians.
Rick Hasen, a law professor at UCLA specializing in election law issues, previously told the San Francisco Chronicle that the new lawsuit has a “bleak chance of success.” Although California courts have rejected ballot proposals involving multiple issues in the past, the judicial system “allows somewhat related issues to be included in a vote,” and Proposition 50 seems to meet this standard.
President Trump stated at the White House on Monday that his Justice Department plans to file a lawsuit separately on California’s redistricting plan: “I think we will file a lawsuit very soon, and we will achieve a significant victory.” He did not specify on what legal basis the federal government could challenge the state’s plan. Newsom responded on his social media account, saying, “Bring It.”
Senator Tony Strickland of Huntington Beach, Orange County, who participated in the lawsuit, criticized at a press conference on Monday that the governor aims to ensure that California elections lose competitiveness and questioned, “Should power be in the hands of politicians or the people?”
In addition to Strickland, other legislators involved in the lawsuit include Assembly members Kathryn Sanchez and Tri Ta and Senator Suzette Valladares.