In the California special election held on November 4 (Tuesday), Proposition 50 for the redistricting of the 50th district was successfully passed. While Democrats were celebrating this victory, the California Republican Party announced the next day that they would file a federal lawsuit challenging the legality of the new congressional district maps.
The lawsuit, represented by the Dhillon Law Group, includes plaintiffs such as California Republican State Assemblyman David Tangipa, 18 voters, and the California Republican Party.
During a press conference on Wednesday, Mike Columbo, a partner at the Dhillon Law Group, stated that Proposition 50 led to unfair districting, potentially making it unconstitutional.
“The design of the (new) map was meant to favor a certain ethnicity of California voters, which violates the equal protection under the law guaranteed by the 14th Amendment of the U.S. Constitution and the protection against racial discrimination in voting rights provided by the 15th Amendment,” he said.
Proposition 50 supported by California Democratic Governor Gavin Newsom would put on hold the district maps developed by the California Citizens Redistricting Commission in favor of maps redrawn by Democrats, benefiting Democratic candidates.
According to the new congressional district maps drawn by Democrats, up to five House seats currently held by Republicans could shift to Democratic control in the 2026 election, while also strengthening the advantage of Democratic incumbents in other fiercely contested districts.
The basis for the California redistricting maps is primarily to amplify the voices of Hispanic voters within the districts. The lawsuit stated, “While the constitution allows states to draw their own congressional districts, the Supreme Court has ruled that states may not divide citizens into separate districts solely based on race unless there is sufficient and narrowly tailored evidence to support such decisions.”
Columbo further added during the press conference that Hispanics form a significant proportion of the single ethnic group population in California and have shown significant success in supporting their preferred candidates in elections, hence California does not meet the exception criteria.
Moreover, the authority to establish the district maps in California does not rest with the legislative bodies or the governor. Back in 2008, California voters approved a state amendment transferring the redistricting authority to the politically neutral California Citizens Redistricting Commission.
The current official district maps in compliance with the Voting Rights Act (VRA) protecting voters from discrimination were drafted by the California Citizens Redistricting Commission based on the 2020 census data and came into effect in 2022.
The lawsuit has been submitted to a federal three-judge panel, and the plaintiffs indicated that it might eventually be appealed to the Supreme Court to determine whether California should be prohibited from considering racial factors in congressional redistricting. The California Republican Party also requested a temporary injunction on Proposition 50 by December 19 to maintain the existing district maps during the litigation.
In response, Governor Newsom’s office stated on social media that the state government has not yet reviewed the lawsuit but is confident that the legal challenge will not succeed.
This year’s temporary special election in California has incurred significant costs: it is estimated that each county will spend millions of taxpayer dollars, totaling nearly 300 million dollars.
Additionally, as of November 3, the total campaign funds for the proposition amounted to 163 million dollars, with supporters receiving nearly 123 million dollars in funds, including a 16.5 million dollar donation from the Democratic Governors Association; a 10 million dollar donation from the Policy Reform Fund (FPR) affiliated with George Soros’ Open Society Foundations; and a 3.9 million dollar donation from the California Teachers Association.
Based on the preliminary voting results as of noon on November 5, 63.8% of voters cast their ballots in support of Proposition 50, while 36.2% of voters opposed it.