California Proposition 11, Creation of the California Citizens Redistricting Commission (2008)

See also: Redistricting in California

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California Proposition 11, also known as the Voters First Act, was on the November 4, 2008 ballot in California as a combined initiated constitutional amendment and state statute, where it was approved.

Proposition 11 authorized the creation of the California Citizens Redistricting Commission.

Proposition 11 changes the process that is undertaken once every ten years of setting (which sometimes means re-drawing) the geographic boundaries of the state's 120 legislative districts and four Board of Equalization districts. Previously, the task of setting these boundaries fell to the California State Legislature itself. Because Proposition 11 passed, that task will instead be given to a new, 14-member commission.

Supporters of the Proposition 11 raised $14 million to promote its passage, versus the $1 million raised by opponents.

Proposition 20, a U.S. Congressional Redistricting Initiative was on the 2010 ballot. Proposition 20, which was approved by 61.3% of voters, adds the task of re-drawing the boundaries of California's U.S. Congressional districts to the California Citizens Redistricting Commission first created by Proposition 11.

Proposition 27, an effort to entirely repeal Proposition 11, was also on the November 2, 2010 ballot. Voters rejected it, with 59.5% of voters saying they wanted to keep Proposition 11 in place.

Aftermath

In January 2012, the California Supreme Court ruled that the State Senate redistricting maps generated by the California Citizens Redistricting Commission pursuant to Proposition 11 must be used throughout the elections of 2012, even if it ultimately turns out that the Referendum Challenging the State Senate Maps qualifies for the ballot--which it did. (Read more below.)

Election results

There were fewer total votes for Prop 11 than for any of the other eleven statewide propositions on California's November 2008 ballot.

California Proposition 11
Result		Votes	Percentage
a Yes		6,095,033	50.9%
No		5,897,655	49.1%

Turnout: 79.4% of registered

Results from the California Secretary of State

Constitutional changes

The successful passage of Proposition 11 changed parts of the California Constitution. It:

• Amended Section 1 of Article XXI.
• Added a new Section 2 to Article XXI.
• Added a new Section 3 to Article XXI.

Text of measure

One-minute explanation of Prop 11

Title

The ballot title was:

Redistricting. Initiative Constitutional Amendment and Statute.

Summary

The official summary provided to describe Proposition 11 said:

• Changes authority for establishing Assembly, Senate, and Board of Equalization district boundaries from elected representatives to 14 member commission.
• Requires government auditors to select 60 registered voters from applicant pool. Permits legislative leaders to reduce pool, then the auditors pick eight commission members by lottery, and those commissioners pick six additional members for 14 total.
• Requires commission of five Democrats, five Republicans and four of neither party. Commission shall hire lawyers and consultants as needed.
• For approval, district boundaries need votes from three Democratic commissioners, three Republican commissioners and three commissioners from neither party.

Fiscal impact

See also: Fiscal impact statement

The fiscal estimate provided by the California Legislative Analyst's Office said:

• "Potential increase in state redistricting costs once every ten years due to two entities performing redistricting. Any increase in costs probably would not be significant."

Commission membership

In order to serve on the commission envisioned by Proposition 11, commission applicants must:

• Be registered voters
• Show consistent voter registration for the previous five years.
• Have voted in two of the last three general elections.
• In last 10 years, applicant or close relative cannot have been a federal or state political candidate, lobbyist or donor of $2,000 or more to a candidate.

Support

"Yes on 11" website banner

Supporters

California Common Cause was a main sponsor of the initiative. Others supporting it included:

AARP The Los Angeles Chamber of Commerce The League of Women Voters Gov. Arnold Schwarzenegger. Gray Davis, Former Governor (Democrat)

ACLU - Southern California California Black Chamber of Commerce Central California Hispanic Chamber of Commerce NAACP California State Conference California Police Chiefs Association [1] California Forward

On March 10, 2008, the Pasadena City Council became the first California city to endorse the Voters First Initiative.

See also: Full list of California Proposition 11 supporters.

Arguments in favor

Notable arguments made in favor of Proposition 11 included:

• Under current law the legislature draws its own districts which results in a 99 percent of incumbents being re-elected.

• Under the current system, "Not one of the 120 seats changed party hands in the last two elections."

• The initiative will open up redistricting so that it will no longer be controlled by only the party in power.

• When state legislators are in charge of drawing district boundaries, as they are currently, there is a conflict of interest such that legislators place their own self-interest ahead of the common good.

• A citizen's commission created according to Proposition 11 will be able to make independent decisions leading to legislative boundaries based on fairness and the public good and not political aspirations..

• Passing Proposition 11 will end partisan gridlock.,,

• State legislative contests held in districts drawn by a Proposition 11 commission would be more competitive, leading to voters electing more moderate legislators.

• It will give the power back to the people.

• Proposition 11 would reform the redistricting process by establishing a commission (as opposed to a legislatively-driven) procedure. This measure could moderately affect government accountability by making the ballot process somewhat more representative.

Donors

$16,279,892 was contributed to the campaign in favor of a "yes" vote on Proposition 11.

Donors of $100,000 or more were:

Donor	Amount
California Dream Team	$3,027,287
Charles Munger	$1,250,000
Brian L. Harvey	$600,000
Jerrold Perenchio	$525,000
New Majority California	$377,500
Reed Hastings	$353,595
Michael Bloomberg (Mayor of New York City)	$250,000
Lester Howard (of Williams-Sonoma)	$250,000
California Dental Association	$250,000
Rothstein Rosenfeldt Adler	$250,000
Margaret Whitman	$200,000
Zenith Insurance	$200,000
Haim Saban	$200,000
California Chamber of Commerce	$160,000
Donald G. Fisher	$150,000
T. Gary Rogers	$150,000
Eli Broad	$150,000
Chevron Corp.	$150,000
Rick J. Caruso	$150,000
Beny Alagem	$128,126
Elliott B. Broidy	$100,000
California Forward Action Issues Fund	$100,000
Robert Day	$100,000
Boone Pickens	$100,000
William C. Powers	$100,000
Charles Schwab	$100,000
California Association of Health Underwriters	$100,000
Autonation	$100,000

The law firm Rothstein Rosenfeldt Adler gave $250,000 to the "Yes on 11" campaign. Rothstein Rosenfeldt Adler was founded by Scott Rothstein. In 2009, Rothstein, who lives in Florida, was accused by federal investigators of "running a massive Ponzi-style fraud in Florida". Rothstein is said to have been selling shares in a business that supposedly provided lump sum payments to recipients of annuities and other long-term payments, but that the deals he was touting didn't exist. Rather, prosecutors say, he was using money from investors to provide payments to other investors, an arrangement known as a "Ponzi Scheme."

In April 2010, Florida bankruptcy attorneys seeking to restore money to Rothstein's many creditors sent a letter to the campaign committee for Proposition 11 asking it to return a $250,000 donation from Rothstein. The campaign committee for Proposition 11 is defunct which makes it unclear how any funds would be returned.

Opposition

"No on 11" website banner

Opponents

The official committee set up to oppose Proposition 11 was called Citizens for Accountability; No on Proposition 11. Paul Hefner is the spokesman for the "No on 11" effort.

Opponents included:

• U.S. Senator Barbara Boxer,
• Nancy Pelosi,
• California Democratic Party
• Mexican American Legal Defense and Education Fund,
• NAACP Legal Defense Fund
• Asian-American Pacific Legal Center.

(For a full list, see List of Proposition 11 opponents).

Arguments against

Arguments made against Proposition 11 included:

• No accountability to taxpayers. Each commission member is guaranteed $300 a day, plus unlimited expenses in the form of staffing, offices, etc.

• The commission created under Proposition 11 would allow politicians to hide behind the selected bureaucrats to maintain a hold on redistricting as they wish.

• The overly complicated process created by Proposition 11 would make it easier to mask hidden agendas of the people behind those on the committee.

• Proposition 11 offers no assurance of the same representation for communities, such as California's Hispanic community in the redistricting process.

• The current version of Proposition 11 does not include congressional districts as an earlier draft did, thereby not being complete reform and creating additional detractors to the measure.

• Even when commissions do create competitive districts, the people who get elected in them do not necessarily behave as political moderates."

Democrat against Democrat

Kathay Feng, the main author of the initiative and director of California Common Cause, said in late June that since the measure qualified for the ballot and the California Democratic Party has announced its opposition, there has been attempt to bring everybody into line and to encourage those in support of the measure to oppose it.

Donors

$1,525,816 was contributed to the campaign in favor of a "no" vote on Proposition 11.

Donors of $100,000 or more were:

Donor	Amount
AFSCME	$400,000
California Democratic Party	$396,439
California Correctional Peace Officers Association	$250,000
Leadership California	$161,911
Strengthening California Through Leadership	$100,000

Editorial opinion

2008 propositions
February 5
Proposition 91 • Proposition 92
Proposition 93 • Proposition 94
Proposition 95 • Proposition 96
Proposition 97
June 3
Proposition 98 • Proposition 99
November 4
Proposition 1A • Proposition 2
Proposition 3 • Proposition 4
Proposition 5 • Proposition 6
Proposition 7 • Proposition 8
Proposition 9 • Proposition 10
Proposition 11 • Proposition 12
Local measures

"Yes on 11"

• The Los Angeles Times
• San Francisco Chronicle
• San Jose Mercury
• Fresno Bee
• The Torrance Daily Breeze
• San Diego Union Tribune
• Pasadena Now
• LA Daily News
• North County Times
• Redding Searchlight
• Stockton Record
• San Gabriel Valley Tribune
• Santa Cruz Sentinel
• Lompoc Record

"No on 11"

• The Bay Area Reporter
• San Francisco Bay Guardian

Polls

See also Polls, 2008 ballot measures.

Month of Poll	Pollster	In favor	Opposed	Undecided
July 2008	Field	42 percent	30 percent	28 percent
August 2008	PPIC	39 percent	36 percent	25 percent
Sept. 2008	PPIC	38 percent	33 percent	29 percent
Oct 12-19, 2008	PPIC	41 percent	34 percent	25 percent
October 18-28	Field	45 percent	30 percent	25 percent
Nov. 1-2	SurveyUSA	39 percent	26 percent	35 percent

Lawsuits

See also: List of ballot measure lawsuits in 2012

Vandermost v. Bowen

2012 measure lawsuits
By state
Arizona • Arkansas • Colorado • Florida • Maryland Michigan • Massachusetts • Minnesota Missouri • Montana • Nevada North Dakota • Ohio • Oklahoma Oregon • Rhode Island
By lawsuit type
Ballot text Campaign contributions Constitutionality Motivation of sponsors Petitioner residency Post-certification removal Single-subject rule Signature challenges Initiative process

In January of 2012, the California Supreme Court declared in the opinion of Vandermost v. Bowen (S198387) that the State Senate redistricting maps generated by the California Citizens Redistricting Commission pursuant to 2008's Proposition 11 must be used throughout the elections of 2012, even if it ultimately turns out that the Referendum Challenging the State Senate Maps qualifies for the ballot--which it did.

• More information on the ruling can be found here.

Path to the ballot

See also: California signature requirements

As an initiated constitutional amendment, 694,354 signatures were required to qualify Proposition 11 for the ballot.

Kimball Petition Management was paid $2,332,988 from two separate campaign committees to collect signatures to put this measure on the ballot.,,Signatures to qualify the measure for the November 2008 ballot were submitted to election officials on May 6, 2008. On June 17, the California Secretary of State announced that a check of the signatures had established that the measure had qualified for the ballot.,

See also: California ballot initiative petition signature costs

External links

Suggest a link

Basic information:

• Official Voter's Guide to Proposition 11
• League of Women Voters, Time line of the initiative
• PDF of the mailed November 4, 2008 voter guide for Proposition 11
• November 4, 2008 ballot proposition election returns
• Proposition 11 in the Smart Voter Guide
• Analysis of Proposition 11 from the Institute of Governmental Studies
• Guide to Proposition 11 from the California Voter Foundation
• Summary of donors to and against Proposition 11 from Cal-Access
• Donors for and against Proposition 11 from Follow The Money
• Voter Minute video on Prop 11
• Video of Prop 11 debate

Supporters:

• Yes on Prop 11, official website supporting Proposition 11
• California Common Cause website
• Financial details of support committee
• Join Arnold

Opponents:

• No on Prop 11, official website opposing Proposition 11

Additional reading:

• Capital Weekly, California forward launches reform effort, March 27, 2008
• California redistricting plan faces hurdles
• Politicians will lie to kill Proposition 11, July 2, 2008
• California re-districting: Courtesy of Lindsey Lohan?
• Prop 11 will take politics out of re-districting
• Ballot will hold treatment for budget stalemate
• Editorial: Proposition 11 looking good
• Anti-11 group calls measure too complicated ahead of pro-11 rally
• 2009 will be year of government reform measures
• California initiative targets re-districting practices
• Berkshire Billionaire's Son Battles Soros on California Ballot