California Proposition 11, Creation of the California Citizens Redistricting Commission (2008)
- See also: Redistricting in California
- See also: Redistricting in California
- 1 Aftermath
- 2 Election results
- 3 Constitutional changes
- 4 Text of measure
- 5 Commission membership
- 6 Support
- 7 Opposition
- 8 Editorial opinion
- 9 Polls
- 10 Lawsuits
- 11 Path to the ballot
- 12 External links
- 13 References
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.
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.)
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|
Turnout: 79.4% of registered
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
The ballot title was:
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.
- 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."
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.
California Common Cause was a main sponsor of the initiative. Others supporting it included:
On March 10, 2008, the Pasadena City Council became the first California city to endorse the Voters First Initiative.
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..
- 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.
$16,279,892 was contributed to the campaign in favor of a "yes" vote on Proposition 11.
Donors of $100,000 or more were:
|California Dream Team||$3,027,287|
|Brian L. Harvey||$600,000|
|New Majority California||$377,500|
|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|
|California Chamber of Commerce||$160,000|
|Donald G. Fisher||$150,000|
|T. Gary Rogers||$150,000|
|Rick J. Caruso||$150,000|
|Elliott B. Broidy||$100,000|
|California Forward Action Issues Fund||$100,000|
|William C. Powers||$100,000|
|California Association of Health Underwriters||$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.
- 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 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.
$1,525,816 was contributed to the campaign in favor of a "no" vote on Proposition 11.
Donors of $100,000 or more were:
|California Democratic Party||$396,439|
|California Correctional Peace Officers Association||$250,000|
|Strengthening California Through Leadership||$100,000|
"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"
- 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|
- See also: List of ballot measure lawsuits in 2012
Vandermost v. Bowen
|2012 measure lawsuits|
| Arizona • Arkansas • Colorado • Florida • Maryland |
Michigan • Massachusetts • Minnesota
Missouri • Montana • Nevada
North Dakota • Ohio • Oklahoma
Oregon • Rhode Island
|By lawsuit type|
|Ballot text |
Motivation of sponsors
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.
- 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 (dead link)
- 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
- Yes on Prop 11, official website supporting Proposition 11
- California Common Cause website
- Financial details of support committee
- Join Arnold (timed out)
- No on Prop 11, official website opposing Proposition 11
- Capital Weekly, California forward launches reform effort, March 27, 2008
- California redistricting plan faces hurdles
- Politicians will lie to kill Proposition 11 (dead link), 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
- Rose Report, "Prop 11 Applicant Review Panel Announced" (dead link)
- Los Angeles Times, "Proposition 11 at a glance," October 14, 2008
- Desert Dispatch, "State redistricting opponents regroup," January 10, 2010
- BizJournals, "Top California court rejects GOP redistricting challenge," January 27, 2012
- San Francisco Chronicle, "1 million declined to vote on redistricting," November 11, 2008
- Arnold in Remap X, Newsblog, Dec. 3, 2007
- Governor to lead effort to pass redistrict measure, San Jose Mercury News, Dec. 4, 2007
- Pasadena Now, City Council Endorses Redistricting Reform Initiative, March 11, 2008
- Voters First Ballot Language
- New York Times, "Plan on California ballot for new districting panel"
- Los Angeles Times, opinion column by George Skelton, "Proposition 11 foes waging Orwellian campaign," October 9, 2008
- Proposition 11 arguments in the California voter's guide
- Field Poll makes case for Prop 11, backers say
- Ventura County Star, "Proposition 11: Supporters see redistricting as end to gridlock," October 19, 2008
- Sacramento Bee, "Budget signed, Schwarzenegger sets sights on re-districting," September 24, 2008
- National Taxpayers Union, "General Election Ballot Guide 2008, The Taxpayer's Perspective"
- Follow the Money, Donors to "Yes on Proposition 11"
- Mercury News, Mercury News, "Fundraising, alliances on agenda during Schwarzenegger trip," April 16, 2008 (dead link)
- Sacramento Bee, "Schwarzenegger got big money from alleged Ponzi schemer," November 17, 2009 (dead link)
- Wall Street Journal, "Lawyer Crashes After a Life in the Fast Lane," November 18, 2009
- California Watch, "Florida attorneys want $250,000 back from Proposition 11 campaign," May 5, 2010
- No on Proposition 11
- San Francisco Chronicle Politics Blog, "Democrats Break Ranks on Proposition 11," August 13, 2008
- Arguments against Proposition 11 from the "No on 11" website
- Los Angeles Times, "Would Proposition 11 hurt minorities?," July 27, 2008
- FEC sets fundraising cap on ballot measure, The Sacramento Bee, Dec. 15, 2007
- Governor to chair drive to qualify redistricting measure, Fresno Bee, Dec. 3, 2007
- Contra Costa Times, Democratic leaders accused of pressuring supporters of redistricting measure, June 21, 2008
- Follow the Money, Donors to "No on Proposition 11"
- Los Angeles Times, "California needs re-districting reform," September 12, 2008
- San Francisco Chronicle, "Why Californians should support Proposition 11," September 12, 2008
- Redding Searchlight, "Proposition 11 will deal voters a more fair hand," October 12, 2008
- Institute for Governmental Studies, "November 2008 endorsements" (dead link)
- San Francisco Chronicle, "Poll: Same-sex marriage ban not wooing voters," September 25, 2008
- PPIC Statewide Survey: Californians and their government, released October 22, 2008
- Field Poll for the Sacramento Bee, October 31, 2008
- Sacramento Bee's Capitol Alert, "Survey says: New polling on Props. 4, 8, 11 and Obama-McCain," November 3, 2008
- Expenditure detail for Voters First
- Expenditure detail for the California Dream Team
- The governor, the money, and Proposition 11
- Rose Report, "Common Cause/League of Women Voters Support Redistricting Reform"
- KPBS News, Governor Schwarzenegger Submits Redistricting Initiative (dead link), May 7, 2008
- Governor to chair drive to qualify redistricting measure, San Diego Union-Tribune, Dec. 3, 2007