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Citizen Initiative

News Brief: Another California redistricting victim

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by Brett Piersma

In September, this blog reported on the impact of a California initiative to create a citizen-panel to draw the new electoral districts. The commission’s efforts resulted in more competitive districts, with additional unintended consequences likely to follow such as more expensive campaigns relying on wealthy donors. On the other hand, more competitive districts are likely to draw more moderate candidates into the race, at least so goes the theory.

The Los Angeles Times reported in January that Elton Gallegly, the subject of our September piece, had chosen not to run for reelection. For some, this came as no surprise. A long-time representative earning reelection with big margins, Gallegly would certainly have carried his pre-redrawn district. But the commission’s actions placed Gallegly’s home in the same district as another popular Republican, Howard “Buck” McKeon. It does not require a top-dollar campaign advisor to calculate his chances of election in this new district, or in the new districts surrounding.

How his retirement will affect both California’s and the Republican Party’s clout in the House is uncertain, but not difficult to imagine. Gallegly not only chaired the Subcommittee on Immigration Policy and Enforcement and vice-chaired the Committee on Foreign Affairs, but OpenSecrets.org reported in January on his significant connections with pharmaceuticals, finance, and real estate corporations.

Gallegly joins a long string of representatives retiring at the end of this term, many of whom are stepping down at least in part due to redistricting in their states.

Brett Piersma is a third-year law student at William and Mary.

permalink: http://stateofelections.pages.wm.edu/2012/02/16/news-brief-ca-redistricting-victim/

 

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Weekly Wrap Up

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Every week, State of Elections brings you the latest news in election law

– On Wednesday, the Supreme Court heard oral arguments in Doe v. Reed.  The plaintiffs argue that Washington’s Public Records Act, which makes the names of signatories to ballot initiatives a matter of public record, should be declared unconstitutional .  Members of a group called “Protect Marriage Washington”, who submitted petitions for a referendum to repeal Washington’s domestic partnership laws, have asked for an injunction against the publication of their names.  The signatories fear harassment from gay marriage proponents should their names be published, as required under the Public Records Act. Here’s a transcript of the oral arguments.

– The Supreme Court of New Jersey has agreed to hear a case involving an attempt by a Tea Party organization to recall Senator Robert Menendez.  The New Jersey constitution allows Senators to be recalled, but the U.S. Constitution is silent on the issue.  The appeals court previously ruled in favor of the Tea Party and allowed their recall efforts to continue.

– Merced County in California is seeking to remove itself from the restrictions of Section 5 of the Voting Rights Act.  Section 5 requires that certain states and municipalities “preclear” changes to their voting laws with the Attorney General.  Only four counties in California are subject to the additional restrictions imposed by Section 5.

– Here’s a very odd story out of Orange County California.  According to a local newspaper, dozens of voters were allegedly tricked into registering as Republicans.  Members of the Republican Party supposedly tricked passersby into thinking they were signing petitions for liberal causes, like legalizing marijuana, when they were actually signing voter registration forms that identified them as Republicans.  The California Republican Party offers an $8 dollar bounty for every new Republican registration, which apparently inspired this latest attempt to trick voters into registering as Republicans.

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How I Learned to Stop Worrying and Love the People’s Veto

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dr_strangelove_1ed07Like many other states, Maine allows for citizen initiatives, the process by which individual citizens and nongovernmental organizations directly propose legislation.  Also like many other states, Maine’s initiative process attracts more than its fair share of bizarre characters and proposals, including this referendum to end the fluoridation of Maine’s drinking water.  Considering the most famous attempt to end the fluoridation of drinking water ended in a nuclear war, I suppose that the initiative process is a vast improvement.

However, the occasional strange referendum isn’t the only thing that makes Maine’s initiative process interesting. In addition to allowing conventional initiatives, Maine also gives its citizens a “People’s Veto”, through which the voters can veto laws passed by the state legislature.  The right to a People’s Veto is enshrined in Article IV, Section 17 of Maine’s Constitution, which also outlines the process by which a veto can appear on the ballot.  [Read more…] about How I Learned to Stop Worrying and Love the People’s Veto

California’s Citizens Redistricting Commission: Do it Yourself Gerrymandering!

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For too long, the joys of disenfranchising minorities and gerrymandering a district into irrelevancy have been selfishly hoarded by state legislatures. But in California, a group of 14 ordinary citizens will get the opportunity to draw the lines themselves, as members of California’s first Citizens Redistricting Commission.

The Citizens Redistricting Commission was created as a result of California’s citizen initiative process. California Common Cause, a nonpartisan organization for “open and accountable government”, proposed an amendment to the California Constitution that would take the task of redistricting out of the hands of the legislature and put it directly in the hands of the people.  That proposed amendment became Proposition 11, also known as the Voter First Initiative, and was voted on by the people of California in the 2008 general election.  Despite receiving support from a number of prominent figures, including Arnold Schwarzenegger and Michael Bloomberg, Prop 11 barely passed, receiving less than 51% of the vote. [Read more…] about California’s Citizens Redistricting Commission: Do it Yourself Gerrymandering!