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2008-08-19 3-B Submittal°League of Women Voters Of Alameda P.O. Box 1645, Alameda, CA 94501 510-8fi9-49fi9 a la meda.ca.lwvnet.o~ August 11, 2008 Mayor Johnson and Members of the City Council: The League of Women Voters of Alameda urges the City Council to declare their support of Proposition 11-the California Voter's First Act, a measure on the November 4th ballot. This Act would create a 14 member independent citizen's commission chosen to reflect the state's demographic and geographic diversity. It would establish clear criteria for how the boundaries are to be drawn, require an open and transparent process with public hearings and allow no communication outside the hearings. Proposition 11 will ensure that communities are not divided simply to guarantee a re- election of incumbent legislators. It will require that districts comply with the Voting Rights Act to ensure that minorities are fairly represented, that districts are geographically contiguous and that the districts respect the geographic integrity of an Y city, county, neighborhood and communities of interest. The act would remove the power from the state legislature to draw district boundaries for State Senate, Assembly and Board of Equalization. It is an inherent conflict of interest for legislators to draw boundaries for districts in which they will run for election. This allows the possibility that legislators will draw districts with their supporters assuring re-election. More imporkantly, the current process removes accountability when legislators know they will most certainly win the next election. The California Voters FIRST Act has broad-based bi-partisan support throughout the state including: Governor Schwarzenegger, former Democratic Governor Gray Davis, former Democratic State Controller Steve Westly, AARP, California Forward, Common Cause, the League of Women Voters of California, the California Council of Churches, local chambers of commerce and California cities. Recent polls show that the citizens of California support redistricting reform and Proposition 11 contains the elements of reform that voters want. We urge the Alameda City Council to join other California cities in supporting the California Voter's First Act. The League of Women Voters supports a state redistricting process and standards that promote fair and effective representation in the state legislature and with maximum opportunity for public scrutiny. We want you to join with us in supporting this good government measure. Thank you for your consideration of this request. Sincerely, Kate C~uick Presid Re; Agenda Item #3-B ent Lea ue of Women Voters 08.19-OS g of Alameda. Att. ATTACHMENTS To CITY CQUNCIL LETTER RE: ENDQRSEMENT QF PRQP 11 Attachment 1- 2 pages. John Diaz SF Chronicle Article August 3, 2008 Attachment 2 -4 pages. List of Proposition 11 Endorsers Attachment 3 - 2 pages. Redistricting Initiative Summary Attachment 4 - 2 pages. Yes on Prop11 "Hold Politicians Accountable" Attachment 5 -~ 9 pages. Text of Prop 11 "Voters FIRST Act" ~}7r i . SF Chronicle -John Diaz ~jdiaza~sfchronicle.com~, Aug. 3,2008 Attorney Steve Reyes knows where the interests of minority communities rank when legislators are allowed to draw district boundaries for themselves. "Incumbent protection," he said, "is the end-all, be-all." Reyes was one of the attorneys for the Mexican American Legal Defense and Education Fund ~MALDEF}, which challenged the California Legislature's 2001 redistricting on the argument that it suppressed minority representation in violation of the federal Voting Rights Act. For example, in the San Fernando Valley, U.S. Rep. Howard Berman, D-North Hollywood, had become vulnerable to a Democratic primary challenge in a once- predominately-white district that had become 65 percent Latino. Not to worry, the Democrats in power in Sacramento paid Berman's brother, Michael, $20,000 to craft the new lines. By the time he was through carving and reaching to pick and choose voters for a district that would be safe for Howard Berman, only 41 percent of the new district's voters were Latino. Similar incumbent-friendly moves sliced up minority communities in Long Beach, Fresno, San Diego, San Jose and the San Gabriel Valley. It is a familiar pattern. "The Legislature has never reduced the number of minority districts, it just hasn't added to them because to da so would inconvenience white incumbents," said Tony Quinn, co- editor of the nonpartisan Target Book, who has done extensive analyses of redistricting. "The history is that absolutely the incumbents come first." History also has shown that minorities gain when redistricting is taken out of the hands of the Legisla#ure, such as after the 1910 census when the state Supreme Court appointed three retired judges to draw the linen and after the 1990 census when Gov. Pete Wilson vetoed the Democrats' plan and, again, retired fudges drew the lines}. By the end of the decade,,the number of Latinos grew from four to 17 in the Assembly, three to seven in the state Senate and three to six in the U.S. House. It's apparent why Reyes, outraged by the power moves of 2001, welcomed the opportunity to help write Proposition 11, which would create an independent commission to oversee redistricting of state legislative boundaries after the 2010 census. He is proud of the work by a coalition that included Common Cause, the League of Women Voters and HARP. The measure suggests that cities and counties and "communities of interest" should be preserved without consideration of who holds a particular office or which parley would benefit - one of the reasons that Democratic leaders in Sacramento who would otherwise control the process are hell-bent on defeating Proposition 11. It also states - "front and center," Reyes emphasizes -that protection of minority representation under the federal Voting Rights Act is the pre-eminent criterion. The backlash against Proposition 11 has been predictable, fierce and duplicitous. Senate President Pro Tem Don Perata, D-Gakland, in fundraising pitches against Prop. 11, has characterized it as a Republican power grab -which is ludicrous in view of the measure's drafters and supporters. Since when have the ACLU and Democratic stalwarts such as Gray Davis and Steve Westly been part of the GGP conspiracy? The opposition of a few civil-rights groups has been both surprising and disappointing. Representatives of three of those groups including MALDEF~ met with our editorial board last week. Their concerns could best be described as a fear of the unknown. S#even Gchoa, director of voting rights and policy research for the Vllilliam C. Velasquez Institute of Los Angeles, said after 2001, "We were mad as hell and we tried not to take it anymore." He insisted "we are not anti-reform" but "the devil is in the details." Gne of their concerns, paradoxically enough, is that the commission might not have the expertise to understand the myriad complexities of redistricting. It's a fair point. But just remember where the Legislature went for "expertise" in 2001; To the brother of a congressman who had a vested interest in diffusing the Latino vote. Behind the scenes, Perata and other leading Democrats who are trying to derail Proposition 11 are encountering resistance from some traditional allies such as labor stalwart SEIU~ who question whether a politically bargained redistricting might be undercutting their potential influence. They wonder whether an emphasis on incumbent protection might be propping up Republicans in a state where the demographics are getting more diverse and more Democratic. Democracy and change can be scary. But they are scariest to those in power who derive their powerfrom suppressing change by any means necessary. z Voters First! Yes on Preposition 11 Supporters Honorary Chairs Governor Arnold Schwarzenegger Steve Westly, Former State Controller ~T'~' 2• Page 1 of 4 Cam a,~qi n Co-Chairs Jeannine English, California State President, AARP Janis R, Hirohama, President, League of Women Voters of California Gary Toebben, PresidentlCE~, Los Angeles Area Chamber of Commerce Allan Zaremberg, PresidentlCE~, California Chamber of Commerce Kathay Feng, Executive Director, California Comman Cause James P. Mayer, Executive Director, California Forward Bill Hauck, President, California Business Roundtable California Leaders Gray Davis, Former Governor Jim Brulte, Former CA Senate Republican Leader Robert Hertzberg, Former CA Democrat Speaker of the Assembly Fred Keeley, Former Speaker pro Tempore, CA State Assembly; Treasurer, Santa Cruz County Connie Rice, Civil Rights Attorney Steerin Committee/Su orters ' ACLU -Southern California Bay Area Council Bay Area Leadership Council California Democratic Council California Police Chiefs Association California Republican Assembly California Small Business Association California Taxpayers' Associatian Na#ional Federation of Independent Business, California Neighborhoods for Clean Elections Santa Clara Cities Association Silicon Valley Leadership Group Small Business Ac#ion Committee Bi-P_artisan Supporters Anaheim Democratic Club Bay City Democrats Beach Cities Republican Club Bonita Democratic Council California Log Cabin Republicans Democrats of Central grange County Democrats of North grange County Democrats of Wes# Orange County Independent Voice.org Lake San Marcos Democratic Club *Los Angeles County Republican Central Committee Los Angeles Lincoln Club Mesa Democrats Newport Bay Area Democratic Club Pacific Beach Democrats Robert F. Kennedy Democratic Club Patrick Henry Democratic Club Pomona Valley Democratic Club Ventura County Republican Central Committee 4r anizations Bay Area Economic Institute http:llyespropl 1.orglcoalitionl?~adctlid=v%7Cwritcyotxeobdd%7Cxbrs2pcs4b573~ SI11120~8 Voters First! *BUVOPA-PAC Black Uvomen Organized for Political Action *California AsianlPacific Islander Peace Officer Coalition *California Association of Health Underwriters ~CAHU} `California Black Chamber of Commerce California Business Roundtable California Church IMPACT *California Manufacturers 8~ Technology Association California Metals Coalition California Mexican American Chamber California Police Chiefs Association California Senior Advocates League Carson Chamber of Commerce Carroll Park Neighborhood Association Corona Chamber of Commerce City of Pasadena City of Saratoga Greater Fresno Area Chamber of Commerce 'Greater Riverside Chambers of Commerce Hispanic X00 *Hollywood Chamber of Commerce Lake Elsinore Chamber of Commerce Long Beach Chamber of Commerce LAX Coastal Chamber of Commerce Los Angeles Area Chamber of Commerce Mabuhay Alliance Manhattan Beach Chamber of Commerce Murrieta Chamber of Commerce New America Foundation Ontario Chamber of Commerce Palm Desert Chamber of Commerce Redondo Beach Chamber of Commerce Sacramento Asian Pacifc Chamber of Commerce San Diego Neighborhood for Clean Elec#ions Simi Valley Chamber of Commerce South Bay Area Chamber of Commerce Southwest Legislative Council Temecula Chamber of Commerce Torrance Chamber of Commerce Unified Grocers, Inc Business AGF Media Services American Capital Markets Group Byrd Development Chef Eric's Culinary Classroom Dave Pierce and Associates Garcia Gallery, Inc. Ginochio Engineering Contractors Greene Engineers Hannah Construction Kleine Editorial Services KV Company, Inc. LibraryWorld, Inc. Lucky ProductionslCsitos Enterprises McDonald Medical Consultants Parnell Pharmaceuticals, Inc. Ron Grauer Studio Southern California Strategic Research Stirnaman Insurance The Association for Lvs Angeles Deputy Sheriffs The California Taxpayer Protection Committee Trimax Capital Group, Inc. Valley Industry and Commerce Association Page 2 of 4 http:llyespropl 1.orglcoa~itionl?_adctlid=v%7Cwritcy0txeobdd%7~xbrs2pcs4b5731 8/11/2008 Voters First! Elected Officials Walt Allen, Councilmember, City of Covina Gus Ayers, Councilmember, City of Fountain Valley Tom Bates, Mayor, City of Berkeley *Lee Baca, Sheriff, Las Angeles County Bern Beecham, Former Mayor, City of Palo Alto Bill Bogaard, Mayor City of Pasadena *Mark Bowen, Trustee, Long Beach Community College District Laurie Capitelii, Councilmember, City of Berkeley Duane Chamberlain, County Supervisor, Yolo County Jay Chen, Board Member, hacienda La-Puente Unified School District Laura Chick, City Controller, City of Los Angeles Duane Chamberlain, County Supervisor, Yolo Coun#y Pete Constant, Councilmember, San Jose City Council Chief Jerry Dyer, President, California Police Chiefs Association *Doug Dehaan, Councilmember, City of Alameda Gary DeLong, Councilmember, City of Long Beach Rose Espinoza, Mayor City of La Habra David Flory, Mayor, City of Woodland Donna Frye, Councilmember, City of San Diego Scott Hagger#y, President of the Board of Supervisors, Alameda County Kurt Hahn, North Sonoma County Hospital District Board Member Chris Holden, Councilmember, City of Pasadena Ardy Kassakhian, City Clerk, City of Glendale Janice Keating, Councilmember, City of Modesto Frank Matarrese, Councilmember, City of Alameda Ken Maddox, School Board Trustee, Capistrano Unified School District Chad Mayes, Councilmember, Yucca Valley City Margaret McAustin, Councilmember, City of Pasadena Richard P. Montgomery, Mayor, City of Manhattan Beach Nancy Nadel, Councilmember, City of Oakland Owen Newcomer, Councilmember, City of Whittier Kristin Olsen, Councilmember, City of Modesto Mike Preston, City Councilmember, City of San Marcos Steve Remige, President, Association for Los Angeles Deputy Sheriffs Jacque Robinson, Councilmember, City of Pasadena Anthony Santos, Mayor City of San Leandro Richard Spees, Former Oakland City Council Member John S. Stammreich, Chairman, 54th Assembly District Republican Central Committee Michael Sweeny, Mayor, City of Hayward Sid Tyler, Councilmember, City of Pasadena Lena Tam, Vice Mayor, City of Alameda Paul Walters, Chief of Police, Santa Ana Barbra Williamson, Councilmember, City of Simi Valley Individuals Ken Arnold, CDP Nominee, Assembly District 68 Bob Bueke, CEO, Bob Bueke and Companies Jeff Baker, President, AGF Media Services Faith Bautista, Executive Direc#or, Mabuhay Alliance, Inc. Steve Blount, CDP Nominee, Assembly District 67 Shane Connolly, CRP Nominee, State Senate District 13 Leslie Cornejo, Chairman, CA Association of Political Concentrists Daniel Curtin, Director of the California Conference of Carpenters Robert Cuthbert, CDP Nominee, Assembly District 33 Herb Engstrom, Treasurer, California Democratic Council Walter Hill, Jr., PresidentlCEO, Icon Bfue John B. Gatlin, Senior Vice President, Nestle USA Loretta Hanson, Vice President, Banger Harley Davidson Judith Hess, Leader, Progressive Democrats of America Page 3 of 4 http:llyespropll.orglcoalit~onl?~adctlid~%7Cwritcy0txeobdd%7Cxbrs2pcs4b5731 $1111200$ Voters First! Dr. Bill Honigman, CA State Coordinator, Progressive Democrats of America *Barbara Inatsugu, Farmer President, League of Women Voters of California Judy Janes, CDP Nominee, Assembly District l3 Tom Jones, Former Chairman, Placer County Rep. Party Norman Kline, Former Mayor, City of Saratoga Emie Konnyu, Former Member, US Congress Susan Kopicki, Coordinator, Democracy for America David Leonard, Liberty Program Coordinator, Salvation Army Carol Lugo, Vice President, Barlow Foundation Joe Lyons, CDP Nominee, State Senate District 29 Andrae Macapiniac, Historian, Democra#ic~Caucus at San Jose State University John MacMurray, Candidate far Assembly Nancy Mahr, LWVILA County Doug McCarron, General President of the United Brotherhood of Carpenters Molly McClanahan, Former Mayor, City of Fullerton Robert Melsh, CDP Region 19 Director Jim Moreno, California Democratic Party, Region 18 Eligio Nava, President, Central Valley Hispanic Chamber Ralph Pesquiera, Former chair, San Diego Commission Sarah Pillsbury, Nonprofit Voter Engagement Network Charlotte Pirch, League of Women Voters of Orange Coast Alfred Plamann, President and CEO, Unified Grocers Tim Prince, CDP Nominee, Congressional District 41 James P. Preusch, CFO, Alameda Corridor Transportation Authority JPA Sharon Rubalcava, Par#ner, Weston, Benshoof, Rocherfort, Rubalcava and MacCuish, LLP David Schecter, California State University Fresno Marvin Schachter, Senior Advocacy Council of Pasadena Diane Singer, CDP Nominee, Assembly District fi0 John A. Smith, Director, CDP Region 1 fi *Miguel Ucovich, Councilmember, Town of Loomis Jon Wellinger, Senior Vice President, AT&T Carl Wood, CDP Nominee, Assembly District 65 Steve Young, Democratic Candidate for Congress, CA 48 Califomra Newspa~ners San Jose Mercury Fresno Bee The Torrance Daily Breeze San Diego Union Tribune Pasadena Now LA Daily News North County Times Stockton Record San Gabriel Valley Tribune Santa Cruz Sentinel Lompoc Record Page 4 of 4 http:llyespropl 1.orglcoalitionl?_adctlid=v%7Cwritcy0txeobdd%7Cxbrs2pcs4b5731 8/11/2008 A'T'r 3. California Voters FIRST Act November 2008 Redistricting Initiative Summary I. overview: 14-Person Redistricting Commission ~5 Democratsr 5 Republicans, ~ other) II. How is the Commission Chosen? Step 1; The Applicant Review Panel narrows the pool to fiD persons. • The State Auditor creates a public and transparent application process. • The State Auditor establishes an Applicant Review Panel for the purpose of screening applicants, comprised of three randomly selected qualified independent state auditors ~1 D/iR/lother} • The Applicant Review Panel selects fi0 of the most qualified applicants ~20R/20D/20 other} on the basis of relevant analytical skills, ability to be impartial, and diversity. • The Applicant Review Panel presents the pool of fi0 nominees to the four leaders of the CA State Legislature, Step z: The four Legislative headers have the option of striking applicant names from the pool of 60, • The Legislative Leaders may strike up to two applicants from each subpool of 20 ~a total of 8 possible strikes per pool}. The pools may be reduced to 12 D/~2 R/12 other. Step 3: The S Commissioners are named through random drawing; fi Commissioners are selected by the 8. • The State Auditor randomly draws 8 names from the remaining pool of applicants ~3D/3R/2 other}. • The 8 Commissioners then review the names remaining in the pool and choose fi Commissioners ~2D/2R/2o}. They will select to complement the balance of skills and diversity, Eligibility a. California voter registered with the same affiliation for the past 5 years or more. b. Must have voted in two of the last three statewide general elections. Disqualifications and other restrictions a. For the preceding 1o years, neither a commission member, nor a member of his or her immediate family, may have done any of the following: • Been appointed to, elected to, or have been a candidate for federal or state public office. b. For the preceding ~ years, neither a commission member, nor a member of his or her immediate family, may have done any of the following: • Served as an officer of a political party, or as an officer, paid staff, or paid consultant of a candidate's campaign committee. • Seared as an elected or appointed member of a political party central committee. • Been a registered federal, state or local lobbyist, • Served as paid staff for the state legislature, Board of Equalization or Congress or any individual legislator, Board of Equalization member or member of Congress. • Given $2,000 or more to a candidate for state legislature, Board of Equalization or Congress. c. Staff and consultants to, persons under a contract with, or immediate family relationship with the Governor, a member of the Legislature, a member of Congress, ar a member of the State Board of Equalization, are not eligible to serve as members of the commission. d. Commissioners are not permitted to hold public office in California, serve as paid staff for the Legislature or any individual legislator or to register as a federal, state or local lobbyist during their terms on the Commission or far 5 years thereafter. III. Mapping criteria din ranked order a. Districts shall comply with the US Constitution, including equal population requirements. b. Districts shall comply with the Voting Rights Act. c. Districts shall be geographically contiguous. d. The geographic integrity of any city, county, or city and county, neighborhoods, or communities of interest shall be respected. Communities of interest shall not be defined as relations with incumbents, candidates, ar parties. e. Districts shall be compact. f. To the extent possible, after the above criteria have been satisfied, districts shall be nested. - Incumbent residences may not be considered; districts may not be drawn to protect incumbents. IV. Public Input a. The Commission shall establish and work through an open hearing process that subject to public notice and promoted through a thorough outreach program to solicit broad public participation. b. The Commission shall display draft maps for public comment to achieve wide public access. c. Public comment shall be taken for a minimum of 14 days from the date of public display, V. Transparency a. The Commission shall comply with the Bagley-Keene Open Meeting Act. b. The Commission shall provide a minimum of 14 days public notice for meetings ~3 days for emergency meetings, c. All records related to and data considered by the Commission will be made broadly available, in multiple formats. d. Restrictions on ex parte communications e. The Commission shall issue a report explaining the basis upon which it made mapping decisions and include definitions of the terms and standards used in drawing the maps. VI. Commission Support a. The Citizens Redistricting Commission shall hire commission staff, legal counsel, and consultants as needed. b. Commission staff shall be subject to the same conflictwof-interest criteria as Commissioners, as appropriate. VII. Adoption of a Pian a. 9 members shalt represent a quorum. b. 9 votes shat! be required for any official action. c. 9 votes t3 D, 3 R, and 3 other} are required to adopt a plan. d. The Commission shall complete redistricting by adate-certain -September 3D, xX11. e. The final redistricting plan shall be subject to referendum. Vlii. Scope a, Senate, Assembly and Board of Equalization seats will be drawn by the Commission in the next redistricting, 2411. b. Congressional seats will be drawn by the state legislature, following the same mapping criteria and hearing requirements as the Commission. 2 R~~~ Yes on Pro 1 Time to Hold Politicians Accountable Hold Politicians Accountable -Stop the Gridlock in Sacramento! Proposition 11- an initiative to help stop the partisan gridlock that has paralyzed our state government -will appear on the November 2005 General Election ballot. Following are some facts about how Proposition 11 will benefit Californians. why Is Proposition 11 Needed? Year after year, partisan gridlock prevents our state lawmakers from effectively addressing our most pressing issues such asthe state budget, health care, education, the impending water crisis, and the environment. Contributing to this ongoing problem is the fact that legislators currently drawtheir district lines and thus are not accountable to voters. Proposition 11 will change this. How Will Proposition 11 Increase Accountability in Government? State legislators are allowed to draw their own district boundaries to subvert the system and ensure their reelection. In fact, there is now a 99% reelection rate in California legislative races! Guaranteed re-election is not the best incentive for elected officials to be accountable and responsive to voter needs. Proposition 11 will change the way legislative districts are drawn -giving voters a real voice and increasing accountability among our elected officials. What will Proposition 11 Do? Proposition 11 will create a 14-member independent citizen commission to redraw state legislative district lines based on strict non-partisan rules. Unlike the current process, Proposition 1lwill ensure that the redistricting process is open and transparent and will respect existing city and county boundaries and communities. It will exclude individuals with obvious conflicts of interest, including elected officials and their staff, from serving an the Commission. The Commission will include five Republicans, five Democrats and four members not associated with either party. why Is Proposition ii Needed Now? Redistricting occurs in California every 10 years. Maps were last drawn in 2001. To prepare for the 2011 redistricting, we need to put reforms in place now. If we don't, we risk government gridlock through 2022! Yes on Prop. 11 X1215 K Street, #2260, Sacramento, CA 95814 916-325-0055 ~ www.yespropl 1~.org,,l into~v~prop'11..org '~ ~~~. ,~ ~r.j: i. ''~~ -~~ .,~ I~~ ~~ -- ,.III., I. ~~~I '~~~.. ~. ~. ,, ~,,i ,•.il'. ~~.. ,.. .. ~ ~.. ._`~!.i (~~~ ~S' ~. ..~~,~~. I., ~~~~~t.~l ~~~.., '~i'~I I. ,, 1. ., I . ... ~ I . ~ ~ . _ . ', l I I ~, ,) i. { l ! ~ _ _ I` r I I ~ I l' ~ . ~ _ '~ J L < <. ~ ~ ._ .. 1 , ~ : ~ ~ ~; ~. _. ' ~ ~. ~ ~ ! ~. ~ ~ ~ ~ . Why Should I Support Proposition 11? You should support Proposition 11 if you want to help increase accountability among our state lawmakers and help break the policy logjam in Sacramento. Proposition 11 will help ensureyourvote counts! Who Is Supporting Proposition 11? Proposition 11 has broad-based bi-partisan support throughout the state includingthe League ofWomen Voters of California, HARP, GovernorSchwarzenegger,former Democratic State Controller Steve Westly, former Governor Gray Davis, the California Chamber of Commerce, the Los Angeles Area Chamber of Commerce, the ACLU of Southern California, SacramentoAsian PacificChamberofCommerce,the National Federation of Independent Business- California, California Forward, California Common Cause, California Church IMPACT, and local community and business groups throughout the state. And support continues to grow. How Can i Help? You can help by joining our coalition sign-up form attached and encouraging others to support Proposition 11. For more information, please visit wvuw.yespro,p.ll.or~ or call 91fi-325-005fi. Yes on Prop. 11 X1215 K Street, #2260, Sacramento, CA 95814 916-325-0056 ~ www.yesprap1 Dora i, info a.yespro~,1 ~,.orp Ir, , ' .~ ! ~ ..~. ~ I . - ~'!~-~ 1'~'- =i`.'! rte, F-1i~..,_:~~~,~' ~~~...'i ( ,•. ,'~;~ !~ 11,.1~..:i'. ~.,I ~'i',-~ ~'~. i ~ `.. i . . i I ~ ~, ~I i , -, 1~ i..l --~ i' : I^ ~ \ ^i ~ f.~I i, ,1'~ _I I .j i I .~ `.'~ `~. r~~,'~ ~ ~• ~~ ~ .• I . I~, i`4^~ --, i l~ 1 ,.1 ' ~`~~,' ;~~ Section 1. Title. This Act shall be known and may be cited as the "Voters FIRST Act." Section Z. Findings and Purpose. The People of the State of California hereby make the following findings and declare their purpose in enacting the Act is as follows: ~a~ Under current law, California legislators draw their own political districts. Allowing politicians to draw their own districts is a serious conflict of interest that harms voters. That is why 99 percent of incumbent politicians were re-elected in the districts they had drawn for themselves in the recent elections. fib} Politicians draw districts that serve their interests, not those of our communities. For example, cities such as Long Beach, San Jose and Fresno are divided into multiple oddly shaped districts to protect incumbent legislators. Voters in many communities have no political voice because they have been split into as many as four different districts to protect incumbent legislators. We need reform to keep our communities together so everyone has representation. ~c~ This reform will make the redistricting process open so it cannot be controlled by the party in power. It will give us an equal number of Democrats and Republicans on the commission, and will ensure full participation of independent voters ~- whose voices are completely shut out of the current process. In addition, this reform requires support from Democrats, Republicans, and independents for approval of new redistricting plans. ~d} The independent Citizens Redistricting Commission will draw districts based on strict, non-partisan rules designed to ensure fair representation. The reform takes redistricting out of the partisan battles of the Legislature and guarantees redistricting will be debated in the open with public meetings, and all minutes will be posted publicly on the Internet. Every aspect of this process will be open to scrutiny by the public and the press. (e) In the current process, politicians are choosing their voters instead of voters having a real choice. This reform will put the voters back in charge. Section 3. Amendment of Article ~.XI of the California Constitution. Article XXI of the California Constitution is amended to read as follows: Article ~I. Redistrictin of Senate, Assembly, Congressional and Board of Equalization Districts. SEC. 1. In the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Legislature shall adjust the boundary lines of the ongressional, districts in conformance with the following standards and process: (a) Each member of ,Congress, ~~a ~''° ~~~~a ~~ ~'~••~~~~~*~~~ shall be elected from asingle-member district. (b) The population of all congressional districts °~ ^ ^°~*~~~•'°-- ~^~~ shall be reasonably equal. After following this criterion, the Legislature shall adjust the boundary lines accordin~to_ the criteria set forth and prioritized in paragraphs (2L(3~(4) and (5) of subdivision (dam Section 2. The Legislature shall issue with its final map a report that explains the basis on which it made its decisions in achievingcompliance with these criteria and shall include definitions of the terms and standards used in drawing its final map ~,.~ ~..o,.., a:~,~..:,.~ ~~,.,~~ i.o ,.,.,,~;,.,,,.,, ~.,~ i...,i J ....~~a..,~ uaaua..,., v.,rrcx~uvu.T. `c~) Congressional districts shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary. C~ , or-ccxrp crcy co~an cv urris~isix~-co~mi grrnar»Yh~:~ ~ ..~.~, 1, 11 1. ~N.J..+..u ~ tl, ~o„* ,. ~;l.lo .;~1,.,,,+ < .,1.,+; ~l,o 0 0 „~~ (d) The Legislature shall coordinate with the Citizens Redistricting Conunission established pursuant to Section 2 to hold concurrent hearings provide access to redistricting data and software. and otherwise ensure full public aU rtiCipation in the redistrictingprocess The Legislature shall comply with the open heaxin~requirements of paragraphs (1) (2~ (31 and (7~ of subdivision (a), and subdivision (b) of Section 8253 of the California Government Code or its successor provisions of statute. SEC. 2, a) A Citizens Redistricting Commission shall draw new district lines also known as "redistrict" for State Senate Assembl and Board of E ualization districts. This commission shall be created no later than December 31 in 2010 and in each ear endin in the number zero thereafter. fib, The Citizens Redistricting Commission thereinafter ,.,the "commission") shall: ~~) conduct an o en and trans arent rocess enablin full ublic consideration of and comment on the drawin of district lines • 2 draw district lines accordin to the redistrictin criteria s ecified in this article' and 3 conduct themselves with rote and fairness. ~c}~ 1 ~he__selection process is designed to produce a Citizens Redistricting Commission that is rode endent from Ie illative influence and reasonabl re resentative of this state's diversi . 2 The Citizens Redistrictin Conunission shall consist of 14 members as follows: five who are re istered with the lar est olitical a in California based on re istration five who are re istered with the second lar est olitical a in California based on re istration and four who are not re istered with either of the two lar est olitical arties in California based on re istration. 3 Each commission member shall be a voter who has been continuousl re istered in California with the same olitical a or unaff liated with a olitical a and wha has not changed political party__affiliation, for five or more immediately precedin tote of his or her a ointment. Each commission member shall have voted in twa of the last three statewide eneral elections immediatel recedin his or her a lication• ~4 The term of office of each member of the commission expires upon the ap ~ntment of the f~xst member of the succeedin commission. ,.~., 5 Nine members of the commission shall constitute a uorum. Nine or more affirmative votes shall be re uired far an off cial action. The three final ma s must be a roved b at least nine affirmative votes which must include at least three votes of members re istered from each of the, two lar est political parties in California based on„~re~atian and three _votes from members who are not re istered with either of these two olitical arties. - 6 Each commission member shall a 1 this article in a manner that is im artial and that reinforces ublic conf dente in the irate of the redistrictin rocess. A commission member shall be ineli ible fora eriod of ten ears be innin from the date of a ointment to hold elective ublic office at the federal state coon or ci level in this State. A member of the commission shall be ineli ible fora eriod of five ears be ' in from the date of a ointment to hold a ointive federal state or local ublic office to serve as aid staff for the Le islature or an individual le islator or to re ister as a federal state or local lobb ist in this State. d The commission shall establish sin le-member districts for the Senate Assembl and State Board of E ualization ursuant to a ma in rocess usin the followin criteria as set forth in the followin order of riori 1 Districts shall cam 1 with the United States Constitution. Senate Assembl and State Board of E ualization districts shall have reasonabl a ual o ulation with other districts for the same office exce t where deviation is re uired to tom l with the federal Votin Ri hts Act or allowable bar law, 2 Districts shall cam 1 with the federal Votin Ri hts Act 42 U.S.C. Sec. 1971 and followin . 3 Districts shall be eo a hicall Conti uous. 4 The eo a hit irate of an ci coon ci and coon nei hborhood or communi of interest shall be res ected to the extent ossible without violatin the re uirements of an, of the preceding subdivisions, Communities of_,interest shall not include relationships with olitical arties incumbents or olitical candidates. 5 To the extent racticable and where this does not conflict with the criteria above districts shall be drawn to encoura a eo a hical tom actress such that nearb areas of o ulation axe not b aased for more distant o ulation. 6 To the extent racticable and where this does not conflict with the criteria above each Senate district shall be tom rised of two whole tom fete and ad'acent Assembl districts and each Board of E ualization district shall be tom rised of 1 D whole tom lete and ad'acent Senate districts. e The lace of residence of an incumbent or olitical candidate shall not be considered in the creation of a ma . Districts shall not be drawn for the ose of favorin or discriminatin a ainst an incumbent olitical candidate or olitical a Districts for the Senate Assembl and State Board of E ualization shall be numbered consecutivel commencin at the northern bound of the State and endin at the southern bounda . B Se tember 15 in 2a 11 and in each ear endin in the number one thereafter the commission shall a rove three final ma s that se aratel set forth the district bound lines for the Senate Assembl and State Board of E ualization districts. U on a roval the commission shall certi the three final ma s to the Secre of State. h The commission shall issue with each of the three final ma s a re art that ex lairs the basis on which the commission made its decisions in achievin cam liance with the criteria listed in subdivision d and shall include definitions of the terms and standards used in drawin each final ma . i Each certified final ma shall be sub'ect to referendum in the same manner that a statute is subject to referendum pursuant to,.Section 9 of Article II. The date of certif cation of a final ma to the Secret of State shall be deemed the enactment date for oses of Section 9 of Article II. ' If the commission does not a rove a final ma b at least the re uisite votes or if voters disa rove a certified final ma in a referendum the Secret of State shall immediatel etition the California Su reme Court for an order directin the a ointment of s ecial masters to ad'ust the bounda lines of that ma in accordance with the redistrictin criteria and re uirements set forth in subdivision d e and . U on its a royal of the masters' ma the court shall certi the resultin ma to the Secreta of State which ma shall constitute the certif ed final ma for the sub'ect e of district. SEC. 3. (a) The commission has the sole legal standing to defend anv action re~g a certified final map, and shall inform the Legislature if it determines that funds or other resources provided for the operation of the commission are not adequate The Legislature shall provide adequate funding to defend anv action regarding a certified map The commission has sole authority to determine whether the Attorney General or other legal counsel retained by the commission shall assist in the defense of a certified final man fib) (11 The California Supreme Court has original and exclusive jurisdiction in all proceedings in which a certified final m~ is challen end. ~) An~egistered voter in this state ma fie a petition for a writ of mandate or writ of prohibition, within 45 days after the commission has certified a final map to the Secretary of State, to bar the Secretary of State from implementingthe plan on the grounds that the filed plan violates the State Constitution, the United States Constitution or any federal or state statute (3) The California Supreme Court shall give priority to ruling on a petition for a writ of mandate or a writ of prohibition filed pursuant to paragraph L) If the court determines that a final certified man violates the State Constitution the United States Constitution or any federal ar state statute, the court shall fashion the relief that it deems appropriate Section 4. Amendment of California Government Code. Chapter 3.2 (commencing with Section 8251) is added to Division 1 of Title 2 of the Government Code to read as follows: CHAPTER 3.2 Citizens Redistrictin Commission 8251, Citizens Redistrictin Commission general Provisions. a This Cha ter im lements Article ~I of the California Constitution b establishin the rocess for the selection and overnance of the Citizens Redistrictin Commission. b For u oses of this Cha ter the follawin terms are defined: 1 "Commission" means the Citizens Redistrictin Commission. 2 "Da " means a calendar da exce t that if the final da of a eriod within which an act is to be erformed is a Saturda Sunda or holida the eriod is extended to the next da that is not a Saturda Sunda or holida . 3 "Panel" means the A licant Review Panel. 4 " ualified rode endent auditor" means an auditor who is currentl licensed b the California Board of Accountant and has been a racticin rode endent auditor for at least 10 ears rior to a ointment to the A licant Review Panel. c The Le islature ma not amend this Cha ter unless all of the followin are met: 1 B the same vote re aired for the ado tion of the final set of ma s the commission recommends amendments to this Cha ter to ca out its u ose and intent. 2 The exact lap a e of the amendments rovided b the commission is enacted as a statute a roved b atwo-thirds vote of each house of the Le islature and si ed b the Governor, 3 The bill containin the amendments rovided b the commission is in rint for 10 da s before final assa e b the Le islature. 4 The amendments further the oses of this Act. 5 The amendments ma not be assed b the Le islature in a ear endin in 0 or 1. 8252. Citizens Redistricting Commission Selection Process ~a) (11 By January 1 in 2010 and in each year ending in the number zero thereafter the State Auditor shall initiate an application process open to all registered California voters in a manner that promotes a diverse and qualified applicant Wool (2) The State Auditor shall remove from the applicant pool individuals with conflicts of interest including: (A1 Within the 10 years immediately receding the date of application neither the 3UU11Cant, nor a member of his or her immediate family have done any of the followin~• (i) Been appointed to, elected to. or have been a candidate for federal ar state office (ii) Served as an officer, employee, or paid consultant of a political Warty or of the campaign committee of a candidate for elective federal or state office (iii) Served as an elected or appointed member of a political party central committee Div) Been a registered federal, state or local lobby (v) Served as paid congressional legislative or Board of Equalization staff (vi) Contributed $2 000 or more to an~onQressional state or local candidate for elective public office in any year which shall be adjusted ever~ten e~ by the cumulative change in the California Consumer Price Index, or its successor. B) Staff and consultants to, persons under a contract with and any person with an immediate family relationship with the Governor a member of the Legislature a member of Congress, or a member of the State Board of Equalization are not eligible to serve as commission members. As used in this subdivision a member of a person's "immediate family" is one with whom the person has a bona fide relationship established through blood or lei relation, includingparents, children, siblings and in-laws (bl The State Auditor shall establish an Applicant Review Panel consisting of three qualified independent auditors to screen applicants The State Auditor shall randomly draw the names of three qualified independent auditors from a Wool consisting of all auditors em~loved bX the State and licensed by the California Board of Accountancy at the time of the drawing The State Auditor shall draw until the names of three auditors have been drawn including one who is registered with the large`t political party in California based on ~a regristration one who is registered with the second lardpolitical party in California based on pa registration and one who is not registered with either of the two lamest political parties in California After the drawing, the State Auditor shall notify the three qualified independent auditors whose names have been drawn that they have been selected to serve on the panel If anv of the three qualified independent auditors decline to serve on the panel the State Auditor shall resume the random drawing until three qualified independent auditors who meet the requirements of this subdivision have agreed to serve on the panel. A member of the panel shall be subject to the conflict of interest provisions set forth in para~rap~2) of subdivision (a) (c) Having removed individuals with conflicts of interest from the applicant pool the State Auditor shall no later than August 1 in 2010 and in each year ending in the number zero thereafter publicize the names in the a~ licant pool and provide copies of their applications to the Applicant Review Panel. (d) From the ~ licant pool the Applicant Review Panel shall select 60 of the most qualified applicants, including 20 who are registered with the lamest political party in California based on registration, 20 who are registered with the second lar est political party in California based on registration and 20 who are not registered with either of the two largest political parties in California based on registration. These subpools shall be created on the basis of relevant analytical skills ability to be impartial and appreciation for California's diverse demographics and ~eo~raphv. The members of the panel shall not communicate with any state Boaxd of Equalization member, Senator, Assembly member congressional member or their representatives about any matter related to the nomination process or a~nlicants prior to the presentation by the uanel of the pool of recommended applicants to the Secretary of the Senate and the Chief Clerk of the Assembly. (e) By October 1 in 2010 and in each year ending in the number zero thereafter the Applicant Review Panel shall present its pool of recommended applicants to the Secrets of the Senate and the Chief Clerk of the Assembly. No later than November 15 in 2010 and in each year ending in the number zero thereafter the President pro Tempore of the Senate the Minority floor leader of the Senate, the Sneaker of the Assembly and the Minority Floor Leader of the Assembly may each strike up to two applicants from each subpool of 20 for a total of eight possible strikes per subpool. After all legislative leaders have exercised their strikes the Secretary of the Senate and the Chief Clerk of the Assembly shall jointly present the pool of remaining names to the State Auditor. (~ No later than November 20 in 2010 and in each year ending in the number zero thereafter, the State Auditor shall randomly draw eight names from the remainingpool of applicants as follows: three from the remainin subpool of applicants registered with lazgest political party in California based on registration three from the remaining subpool of applicants registered with second lamest political party in California based on registration and two from the remaining subnool of applicants who are not registered with either of the two lamest political parties in California based on registration. These eight individuals shall serve on the Citizens Redistricting Commission. (~) No later than December 31 in 2010 and in each year ending in the number zero thereafter, the eight commissioners shall review the remaining names in the pool of ap licants and anuoint six applicants to the commission as follows• two from the remainin~subpool of apulicants registered with the laxgest political party in California based on registration two from the remainine subuool of applicants registered with the second lar est political pa in California based on registration. and two from the remaining subpool of applicants who are not registered with either of the two lar est political parties in California based on registration The six appointees must be approved by at least five affirmative votes which must include at least two votes of commissioners registered from each of the two large, st parties and one vote from a commissioner who is not affiliated with either of the two lardpolitical parties in California The 6 appointees shall be chosen to ensure the commission reflects this State's diversity including, but not limited to racial ethnic ~eo~raphic and gender diversity However it is not intended that formulas or specific ratios be applied for this purpose Applicants shall also be chosen based on relevant analytical skills and ability to be impartial 8252.5 Citizens Redistricting Commission Vacancy Removal Resignation Absence (a) In the event of substantial neglect of d~ Qross misconduct in office or inabilit~o discharge the duties of office, a member of the commission may be removed by the Governor with the concurrence of two-thirds of the members of the Senate after having been served written notice and vrovided with an opportunity for a response A fmdin~ of substantial neglect of duty or gross misconduct in office may result in referral to the California Attorney General for criminal prosecution or the appropriate administrative a encv for investi at~ion ~1 Anv vacancy whether created by removal resiQnarion ar absence in the 14 commission positions shall be filled within the 30 days after the vacancy occurs from the op of of applicants of the same voter registration cate~Orv as the vacating nominee that was remauun~ of November 20 in the year in which that pool was established If none of those remaining apulicants are available for service, the State Auditor shall fill the vacancy from a new pool created for the same voter registration cate~orv in accordance with Section 8252 8253 Citizens Redistricting Commission Miscellaneous Provisions (a) The activities of the Citizens Redistricting Commission are subject to all of the following: (1) The commission shall comply with the Barmy-Keene Open Meetin~Act (Article 9 commencing with Section 11120 of Chapter 1 of Part 1 Division 3 of Title 21 or its successor The commission shall provide not less than 14 days public notice for each meeting, extent that meetings held in September in the year ending in the number one may be held with three days' notice. (2) The records of the commission pertaining to redistricting and all data considered bX the commission are public records that will be posted in a manner that ensures immediate and widespread public access. (3) Commission members and staff may not communicate with or receive communications about redistricting matters from anyone outside of a public hearing This para.~raph does not vrohibit communication between commission members staff legal counsel and consultants retained by the commission that is otherwise permitted by the Bailey-Keene Open Meeting Act or its successor outside of a public hearing (4) The commission shall select by the votingprocess prescribed in paragraph (SL subdivision (cl of Section 2 of Article XXI of the California Constitution one of their members to serve as the chair and one to serve as vice chair. The chair and vice chair shall not be of the same party. (51 The commission shall hire commission staff legal counsel and consultants as needed The commission shall establish clear criteria for the hiring and removal of these individuals communication protocols. and a code of conduct. The commission shall anuly the conflicts of interest listed in naraQraph (2) of subdivision (a) of Section 8252 to the hiring of staff to the extent anulicable. The Secretary of State shall provide support functions to the commission until its staff and office are full functional. An individual em to ed b the commission shall be exem t from the civil service re uirements of Article VII of the California Constitution. The commission shall re wire that at Least one of the le al counsel hired b the commission has demonstrated extensive ex erience and ex ertise in im lementation and enforcement of the federal Votin Ri his Act of 1965 42 U.S.C. Sec. 1971 and followin .The commission shall make Kirin removal or contractin decisions on staff le .al counsel and consultants b nine or more affirmative votes includin at least three votes of members re istered from each of the two lar est artier and three votes from members who are not re istered with either of the two lar est olitical artier in California. 6 Notwithstandin an other rovision of law no em to er shall dischar e threaten to dischar a intimidate coerce or retaliate a ainst an em to ee b reason of such em to ee's attendance or scheduled attendance at an meetin of the commission, 7 The commission shall establish and im lenient an o en hearin rocess for ublic in ut and deliberation that shall be sub'ect to ublic notice and romoted throu h a thorou h outreach ro am to solicit broad ublic artici ation in the redistrictin ublic review rocess. The hearin rocess shall include hearin s to receive ublic in ut before the commission draws an ma s and hearin s followin the drawin and dis la of an commission ma s. In addition hearin s shall be su lemented with other activities as a ro riate to further increase 0 ortunities for the ublic to observe and artici ate in the review rocess. The commissian shall dis la the ma s for ublic comment in a manner desi ed to achieve the widest ublic access reasonabl ossible. Public comment shall be taken for at least 14 da s from the date of ublic dis la of an ma . b The Le islature shall take all rte s necessa to ensure that a com fete and accurate com uterized database is available for redistrictin and that rocedures are in lace to rovide the ublic read access to redistrictin data and com uter software for drawin ma s. U on the commission's formation and until its dissolution the Le islature shall coordinate these efforts with the commission. 8253.5. Citizens Redistrictin Commission Com ensation. Members of the commission shall be com ensated at the rate of three hundred dollars 300 for each da the member is en a ed ~. commission business. For each succeedin commission the rate of com ensation shall be ad'usted in each ear endin in nine b the cumulative chap e in the California Consumer Price Index or its successor. Members of the anel and the commission are eli ible for reimbursement of ersonal ex enses incurred in connection with the duties erformed ursuant to this act. A member's residence is deemed to be the member's ,post of duty for,,purposes of reimbursement of expenses. 8253.6 Citizens Redistricting Commission Budget Fiscal Oversight (a) In 2009, and in each year ending in nine thereafter the Governor shall include in the Governor's Budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution amounts of funding for the State Auditor Citizens Redistricting Commission and the Secretary of State that are sufficient to meet the estimated expenses of each of those officers or entities in implementing the redistrictingprocess required by this Act for a three vear period including but not limited to adequate funding for a statewide outreach program to solicit broad public participation in the redistrictingprocess The Governor shall also make adequate office space available for the operation of the commission The Le isles afore shall make the necess a ro riation in the bud et act and the a ro riation shall be available Burin the entire three ear eriod. The a ro riation made shall be e ual to the eater of three million dollars $3 000 000 or the amount ex ended ursuant to this subdivision in the immediatel roceedin redistrictin rocess as each amount is ad'usted b the cumulative chars e in the California Consumer Price Index or its successor since the date of the immediatel recedin a ro riation made ursuant to this subdivision. The Le islature ma make additional a ro nations in an ear in which it determines that the commission re wires additional fundin in order to fulf 11 its,..duties. b The commission with f scal oversi ht from the De artment of Finance or its successor shall have rocurement and contractin authors and ma hire staff and consultants exem t from the civil service re uirements of Article VII of the California Constitution for the ,purposes of this Act,.includin~gal, representation. Section 5. Conflictin Ballot Pro ositions. ~a} In the event that this measure and another measures} relating to the redistricting of Senate, Assembly, congressional, or Board of Equalization districts are approved by a ma~onty of voters at the same election, and this measure receives a greater number of affirmative votes than any other such measures}, this measure shall control in its entirety and the other measures} shall be rendered void and without any legal effect, If this measure is approved by a ma~onty of the voters but does not receive a greater number of affirmative votes than the other measures}, this measure shall take effect to the extent permitted by law. fib} If any provisions of this measure are superseded by the provisions of any other conflicting measure approved by the voters and receiving a greater number of aff rmative votes at the same election, and the conflicting measure is subsequently held to be invalid, the provisions of this measure shall be self-executing and given full force of law. Section 6. Severabili The provisions of this Act are severable. If any provision of this Act or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 9