After Texas Gov. Greg Abbott (R) called a special legislative session to revise the state’s congressional districts, among other issues, California Gov. Gavin Newsom (D) responded, “Well, two can play that game.” President Donald Trump (R) stated that a mid-decade redistricting effort in Texas could net Republicans five seats and “there could be some other states.”
While the Texas Constitution empowers the state legislature to reapportion congressional districts, the California Constitution provides for a commission, known as the California Citizens Redistricting Commission, which is responsible for congressional redistricting.
On Pod Save America, Newsom added, “I’m talking to members of my Legislature, whatever our alternatives, we could do a special session. I could call for one today, if I chose to, we could then put something on the ballot, and I could call a special election. We can change the Constitution with the consent of the voters, and I think we would win that. I think people understand what’s at stake in California.”
Amending the California Constitution
Here’s how that process would work: In California, the legislature can refer a constitutional amendment to the ballot for voters to decide. A two-thirds vote is required in both the Assembly and the Senate. Democrats control 75% of the seats in both the Assembly (60 of 80) and Senate (30 of 40).
Legislative Democrats could pass the constitutional amendments without support from Republicans. State Senate President Pro Tem Mike McGuire (D-2) said such action would protect democracy. He stated, “Republicans can see the writing on the wall and we can all smell their desperation. … We will always be ready to protect our values and the integrity of our democracy.” Assemblymember Alex Lee (D-24), chairperson of the California Legislative Progressive Caucus, criticized the idea, saying, “Trying to save democracy by destroying democracy is dangerous and foolish. By legitimizing the race to the bottom of gerrymandering, Democrats will ultimately lose.” Gov. Newsom said that while he supported “a national framework for independent redistricting,” he also said there were issues with wanting to “play fair in a world that is wholly unfair.”
A constitutional amendment cannot appear on the ballot until the first statewide election that occurs at least 131 days after the legislature’s approval. As this is set in statute, the legislature can waive the requirement. In 2020, for example, the legislature approved five constitutional amendments after the deadline had passed. The legislature passed a bill calling a special election that was consolidated with the general election on Nov. 3, 2020. The last time one was called that wasn’t consolidated with a general election was 2005, when Gov. Arnold Schwarzenegger (R) called a special election that included an initiated constitutional amendment on redistricting, Proposition 77.
The next scheduled statewide election in California is June 2, 2026. However, candidate filing deadlines are in March 2026, and the redistricting process would need to be completed before then, unless deadlines are adjusted.
The constitutional amendment process is one aspect, but drafting an amendment to give the legislature power over congressional redistricting could follow several different approaches.
- One would be to repeal Proposition 20 (2010), which transferred congressional redistricting from the legislature to the 14-member California Citizens Redistricting Commission. Voters approved Proposition 20, with 61.2% of the vote.
- Another approach could be to create a carveout, allowing the legislature to control redistricting for a set period before returning that power to the commission.
- Punchbowl News reported two other ideas: (1) make the redistricting commission contingent on other states, like Florida or Texas, adopting something similar, or (2) add an additional provision of interest to people who might otherwise vote against the proposal, such as a voter identification requirement.
In California, a constitutional amendment requires approval from a simple majority of voters. Gov. Newsom said he believes an amendment would pass, stating, “I think people understand what’s at stake in California. I think we come out in record numbers. I think it would be [an] extraordinary success.” State Assemblymember Leticia Castillo (R-58) said, “The games that they play aren’t working and the more people get educated on what’s going on, the more they’re going to fight back.”
Gov. Newsom also said that legislators might be able to redraw maps without a constitutional amendment. “Every census, the independent redistricting commission does the new map. But [the constitution] it’s silent about what happens in between. So, it’s a novel legal question, and it’s being explored.” Richard Hasen, a political scientist at the University of California, Los Angeles, said, “Trying to just ignore the law and engage in political redistricting would likely get blocked by California state courts as violating the state constitution.”
Redistricting Ballot Measures, 2005-2010
Debates over redistricting efforts occur against the backdrop of 100 years of redistricting-related ballot measures in California, with the topic appearing on the ballot at least 20 times since 1926.
The current process, involving a non-politician commission, was established through ballot measures in 2008 and 2010, following the defeat of a related proposal in 2005. Gov. Arnold Schwarzenegger (R) campaigned for several of the ballot measures, stating in January 2005 that “the current system is rigged to benefit the interests of those in office and not those who put them there. We must reform it.” As the redistricting process was established in the California Constitution, changes required voter-approved constitutional amendments.
In 2005, Schwarzenegger proposed Proposition 77, which would have transferred redistricting from the legislature to a panel of three retired judges. Assembly Minority Leader Kevin McCarthy (R) said, “I know there’s a lot of debate whether legislators should draw their own lines. I say that’s inherently wrong. I think taking a panel of judges is probably one of the best methods.” State Sen. Gloria Romero (D) said, “[Proposition 77] is simply about a political power grab. One party is trying to get more control, and another party is trying to defend against it.” Voters rejected Proposition 77, with 59.7% voting ‘No.’
In 2008, California Common Cause proposed Proposition 11, which transferred state legislative redistricting from the legislature to a 14-member California Citizens Redistricting Commission. Supporters included Gov. Schwarzenegger, the League of Women Voters, and the NAACP. The California Democratic Party, including U.S. House Minority Leader Nancy Pelosi (D), opposed the ballot initiative. Proposition 11 was approved, with 50.8% of the vote.
Proposition 11 did not address congressional redistricting. In 2010, Charles Munger, a physicist and political donor, filed Proposition 20, which transferred congressional redistricting from the legislature to the California Citizens Redistricting Commission. Gov. Schwarzenegger, along with former Gov. Gray Davis (D), supported the proposal. Opponents included the Democratic State Central Committee, U.S. House Speaker Pelosi, and U.S. Reps. Adam Schiff (D), Barbara Lee (D), and Judy Chu (D). Voters approved Proposition 20, with 61.2% of the vote.
Alongside Proposition 11, voters decided a competing ballot measure, Proposition 27, which would have eliminated the California Citizens Redistricting Commission, returning the state legislative redistricting process to the California State Legislature. Voters rejected the ballot initiative, with 59.4% voting ‘No.’
In December 2021, the California Citizens Redistricting Commission voted 14-0 to approve the current congressional districts. Currently, Democrats hold 43 of the state’s 52 U.S. House seats.
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