Vote button trans.png
April's Project of the Month
It's spring time. It's primary election season!
Click here to find all the information you'll need to cast your ballot.




Difference between revisions of "Article XXI, California Constitution"

From Ballotpedia
Jump to: navigation, search
(Amendments)
(29 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{CAConstitution}}{{TOCnestright}}'''Article XXI''' of the [[California Constitution]] is labelled '''Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts.'''
+
{{CAConstitution}}{{TOCnestright}}'''Article XXI''' of the [[California Constitution]] is labeled '''Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts.'''
 
+
{{Caconreadthis}}
 
==Section 1==
 
==Section 1==
{| style="width:60%; padding:10px; border:2px #ccc dashed;"
 
|<span style="background:#FFFDD0; font-size: 130%;">Text of Section 1: </span>
 
<span style="font-family:serif; font-size:110%;">
 
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
 
congressional districts in conformance with the following standards
 
and process:
 
  
<span style="font-family:serif; font-size:110%;">:(a) Each member of Congress shall be elected from a single-member district.
+
{| style="width:60%; background:#FFFDD0; margin-top:.1em; border:.5px solid #cccccc; solid;"
 +
|color:#000"|
 +
|-
 +
|
 +
| '''Text of Section 1:'''
  
<span style="font-family:serif; font-size:110%;">:(b) The population of all congressional districts shall be reasonably equal. After following this criterion, the Legislature shall adjust the boundary lines according to the criteria set forth and prioritized in paragraphs (2), (3), (4), and (5) of subdivision (d) of Section 2. The Legislature shall issue, with its final map, a report that explains the basis on which it made its decisions in achieving compliance with these criteria and shall include definitions of the terms and standards used in drawing its final map.
+
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 Citizens Redistricting Commission described in Section 2 shall adjust the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts (also known as “redistricting”) in conformance with the following standards and process set forth in Section 2.  
 +
|}
  
<span style="font-family:serif; font-size:110%;">:(c) Congressional districts shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.
+
===Amendments===
 +
 
 +
'''Approved:'''
 +
 
 +
* [[California Proposition 11, Creation of the California Citizens Redistricting Commission (2008)|Proposition 11 (2008)]]
 +
* [[California Proposition 20, Congressional Redistricting (2010)|Proposition 20 (2010)]]
 +
 
 +
'''Defeated:'''
 +
 
 +
* [[California Proposition 118, the "Legislative Ethics Enforcement Initiative" (1990)|Proposition 118 (1990)]]
 +
* [[California Proposition 77, Rules Governing Legislative Redistricting (2005)|Proposition 77 (2005)]]
  
<span style="font-family:serif; font-size:110%;">:(d) The Legislature shall coordinate with the Citizens Redistricting Commission established pursuant to Section 2 to hold concurrent hearings, provide access to redistricting data and software, and otherwise ensure full public participation in the redistricting process. The Legislature shall comply with the open hearing requirements of paragraphs (1), (2), (3), and (7) of subdivision (a) of, and subdivision (b) of, Section 8253 of the Government Code, or its successor provisions of statute.
 
|}
 
 
==Section 2==
 
==Section 2==
{| style="width:60%; padding:10px; border:2px #ccc dashed;"
 
|<span style="background:#FFFDD0; font-size: 130%;">Text of Section 2: </span>
 
<span style="font-family:serif; font-size:110%;">
 
(a) The Citizens Redistricting Commission shall draw new
 
district lines (also known as "redistricting") for State Senate,
 
Assembly, and Board of Equalization districts. This commission shall
 
be created no later than December 31 in 2010, and in each year ending
 
in the number zero thereafter.
 
  
(b) The Citizens Redistricting Commission (hereinafter the
+
{| style="width:60%; background:#FFFDD0; margin-top:.1em; border:.5px solid #cccccc; solid;"
"commission") shall: (1) conduct an open and transparent process
+
|color:#000"|
enabling full public consideration of and comment on the drawing of
+
|-
district lines; (2) draw district lines according to the
+
|
redistricting criteria specified in this article; and (3) conduct
+
| '''Text of Section 2:'''
themselves with integrity and fairness.
+
  
(c) &nbsp;&nbsp;(1) The selection process is designed to produce a Citizens
+
(a) The Citizens Redistricting Commission shall be created no later than December 31 in 2010, and in each year ending in the number zero thereafter.  
Redistricting Commission that is independent from legislative
+
influence and reasonably representative of this State's diversity.
+
  
:(2) The Citizens Redistricting Commission shall consist of 14 members, as follows: five who are registered with the largest political party in California based on registration, five who are registered with the second largest political party in California based on registration, and four who are not registered with either of the two largest political parties in California based on registration.
+
(b) The commission shall: (1) conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines; (2) draw district lines according to the redistricting criteria specified in this article; and (3) conduct themselves with integrity and fairness.
 +
 
 +
(c) &nbsp;&nbsp;(1) The selection process is designed to produce a commission that is independent from legislative influence and reasonably representative of this State's diversity.
 +
 
 +
:(2) The commission shall consist of 14 members, as follows: five who are registered with the largest political party in California based on registration, five who are registered with the second largest political party in California based on registration, and four who are not registered with either of the two largest political parties in California based on registration.
  
 
:(3) Each commission member shall be a voter who has been continuously registered in California with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment. Each commission member shall have voted in two of the last three statewide general elections immediately preceding his or her application.
 
:(3) Each commission member shall be a voter who has been continuously registered in California with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment. Each commission member shall have voted in two of the last three statewide general elections immediately preceding his or her application.
Line 46: Line 44:
 
:(4) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission.
 
:(4) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission.
  
:(5) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. The three final maps must be approved by at least nine affirmative votes which must include at least three votes of members registered from each of the two largest political parties in California based on registration and three votes from members who are not registered with either of these two political parties.
+
:(5) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. The four final redistricting maps must be approved by at least nine affirmative votes which must include at least three votes of members registered from each of the two largest political parties in California based on registration and three votes from members who are not registered with either of these two political parties.
  
:(6) Each commission member shall apply this article in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. A commission member shall be ineligible for a period of 10 years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this State. A member of the commission shall be ineligible for a period of five years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for the Legislature or any individual legislator or to register as a federal, state, or local lobbyist in this State.
+
:(6) Each commission member shall apply this article in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. A commission member shall be ineligible for a period of 10 years beginning from the date of appointment to hold elective public office at the federal, state, county or city level in this State. A member of the commission shall be ineligible for a period of five years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this State.
  
 
(d) The commission shall establish single-member districts for the
 
(d) The commission shall establish single-member districts for the
Senate, Assembly, and State Board of Equalization pursuant to a
+
Senate, Assembly, Congress and State Board of Equalization pursuant to a
 
mapping process using the following criteria as set forth in the
 
mapping process using the following criteria as set forth in the
 
following order of priority:
 
following order of priority:
  
:(1) Districts shall comply with the United States Constitution. Senate, Assembly, and State Board of Equalization districts shall have reasonably equal population with other districts for the same office, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.
+
:(1) Districts shall comply with the United States Constitution. Congressional districts shall achieve population equality as nearly as is practicable, and Senatorial, Assembly, and State Board of Equalization districts shall have reasonably equal population with other districts for the same office, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.
  
 
:(2) Districts shall comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and following).
 
:(2) Districts shall comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and following).
Line 61: Line 59:
 
:(3) Districts shall be geographically contiguous.
 
:(3) Districts shall be geographically contiguous.
  
:(4) The geographic integrity of any city, county, city and county, neighborhood, or community of interest shall be respected to the extent possible without violating the requirements of any of the preceding subdivisions. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
+
:(4) The geographic integrity of any city, county, city and county, local neighborhood, or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding subdivisions. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
  
 
:(5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
 
:(5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
Line 72: Line 70:
 
incumbent, political candidate, or political party.
 
incumbent, political candidate, or political party.
  
(f) Districts for the Senate, Assembly, and State Board of
+
(f) Districts for the Congress, Senate, Assembly, and State Board of Equalization shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.  
Equalization shall be numbered consecutively commencing at the
+
northern boundary of the State and ending at the southern boundary.
+
  
(g) By September 15 in 2011, and in each year ending in the number
+
(g) By August 15 in 2011, and in each year ending in the number one thereafter, the commission shall approve four final maps that separately set forth the district boundary lines for the congressional, Senatorial, Assembly, and State Board of Equalization districts. Upon approval, the commission shall certify the four three final maps to the Secretary of State.  
one thereafter, the commission shall approve three final maps that
+
separately set forth the district boundary lines for the Senate,
+
Assembly, and State Board of Equalization districts. Upon approval,
+
the commission shall certify the three final maps to the Secretary of
+
State.
+
  
(h) The commission shall issue, with each of the three final maps,
+
(h) The commission shall issue, with each of the four final maps,
 
a report that explains the basis on which the commission made its
 
a report that explains the basis on which the commission made its
 
decisions in achieving compliance with the criteria listed in
 
decisions in achieving compliance with the criteria listed in
Line 98: Line 89:
 
requisite votes or if voters disapprove a certified final map in a
 
requisite votes or if voters disapprove a certified final map in a
 
referendum, the Secretary of State shall immediately petition the
 
referendum, the Secretary of State shall immediately petition the
Supreme Court for an order directing the appointment of special
+
California Supreme Court for an order directing the appointment of special
 
masters to adjust the boundary lines of that map in accordance with
 
masters to adjust the boundary lines of that map in accordance with
 
the redistricting criteria and requirements set forth in subdivisions
 
the redistricting criteria and requirements set forth in subdivisions
Line 106: Line 97:
 
district.
 
district.
 
|}
 
|}
 +
 +
===Amendments===
 +
 +
'''Approved:'''
 +
 +
* Section 2 was added in [[California 2008 ballot measures|2008]] with the passage of [[California Proposition 11 (2008)|Proposition 11]]. 
 +
* It was amended in 2010 with the enactment of [[California Proposition 20, Congressional Redistricting (2010)|Proposition 20]]
 +
 +
'''Defeated:'''
 +
 +
* [[California Proposition 77, Rules Governing Legislative Redistricting (2005)|Proposition 77 (2005)]]
 +
 
==Section 3==
 
==Section 3==
{| style="width:60%; padding:10px; border:2px #ccc dashed;"
 
|<span style="background:#FFFDD0; font-size: 130%;">Text of Section 3: </span>
 
<span style="font-family:serif; font-size:110%;">
 
(a) The commission has the sole legal standing to defend
 
any action regarding 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 any 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 map.
 
  
(b) &nbsp;&nbsp;(1) The Supreme Court has original and exclusive jurisdiction
+
{| style="width:60%; background:#FFFDD0; margin-top:.1em; border:.5px solid #cccccc; solid;"
in all proceedings in which a certified final map is challenged.
+
|color:#000"|
 +
|-
 +
|
 +
| '''Text of Section 3:'''
  
:(2) Any registered voter in this state may file 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 implementing the plan on the grounds that the filed plan violates this Constitution, the United States Constitution, or any federal or state statute.
+
(a) The commission has the sole legal standing to defend any action regarding 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 any 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 map.
  
:(3) The Supreme Court shall give priority to ruling on a petition for a writ of mandate or a writ of prohibition filed pursuant to paragraph (2). If the court determines that a final certified map violates this Constitution, the United States Constitution, or any federal or state statute, the court shall fashion the relief that it deems appropriate.
+
(b) (1) The California Supreme Court has original and exclusive jurisdiction in all proceedings in which a certified final map is challenged or is claimed not to have taken timely effect.
 +
 
 +
(2) Any registered voter in this state may file 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 implementing the plan on the grounds that the filed plan violates this Constitution, the United States Constitution, or any federal or state statute. Any registered voter in this state may also file a petition for a writ of mandate or writ of prohibition to seek relief where a certified final map is subject to a referendum measure that is likely to qualify and stay the timely implementation of the map.
 +
 
 +
(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 (2). If the court determines that a final certified map violates this Constitution, the United States Constitution, or any federal or state statute, the court shall fashion the relief that it deems appropriate, including, but not limited to, the relief set forth in subdivision (j) of Section 2.  
 
|}
 
|}
 +
 +
===Amendments===
 +
 +
* Section 3 was added in 2008 with the enactment of [[California Proposition 11, Creation of the California Citizens Redistricting Commission (2008)|Proposition 11]].
 +
* It was amended in 2010 by [[California Proposition 20, Congressional Redistricting (2010)|Proposition 20]]
 +
 +
==Amendments==
 +
 +
===Approved===
 +
 +
* [[California Proposition 11, Creation of the California Citizens Redistricting Commission (2008)|Proposition 11 (2008)]]
 +
* [[California Proposition 20, Congressional Redistricting (2010)|Proposition 20 (2010)]]
 +
 +
===Defeated===
 +
 +
* [[California Proposition 14, Creation of a Districting Commission (1982)|Proposition 14 (1982)]] (This proposition would have repealed Article XXI in its entirety.)
 +
* [[California Proposition 39, Creation of a Redistricting Commission (1984)|Proposition 39 (1984)]] (This proposition would have repealed Article XXI in its entirety.)
 +
* [[California Proposition 119, Independent Citizens Redistricting Commission Act (1990)|Proposition 119 (1990)]]. (This proposition would have repealed Article XXI in its entirety.)
 +
* [[California Proposition 77, Rules Governing Legislative Redistricting (2005)|Proposition 77 (2005)]]
 +
 
==External links==
 
==External links==
  
 
* [http://www.leginfo.ca.gov/.const/.article_21 Article XXI of the California Constitution]
 
* [http://www.leginfo.ca.gov/.const/.article_21 Article XXI of the California Constitution]
 
+
==Navigation==
 
{{California Constitution}}
 
{{California Constitution}}
 
{{california}}
 
{{california}}

Revision as of 08:08, 13 August 2011

California Constitution
Flag of California.png
Preamble
Articles
IIIIIIIVVVI
VIIVIIIIXXXA
XBXIXIIXIIIXIII A
XIII BXIII CXIII DXIVXVXVIXVIIIXIXXIX AXIX BXIX C
XXXXIXXII
XXXIVXXXV
Article XXI of the California Constitution is labeled Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts.


Approveda An annotation of this Article of the California Constitution is underway. Please read this explanation.

Section 1

Text of Section 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 Citizens Redistricting Commission described in Section 2 shall adjust the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts (also known as “redistricting”) in conformance with the following standards and process set forth in Section 2.

Amendments

Approved:

Defeated:

Section 2

Text of Section 2:

(a) The Citizens Redistricting Commission shall be created no later than December 31 in 2010, and in each year ending in the number zero thereafter.

(b) The commission shall: (1) conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines; (2) draw district lines according to the redistricting criteria specified in this article; and (3) conduct themselves with integrity and fairness.

(c)   (1) The selection process is designed to produce a commission that is independent from legislative influence and reasonably representative of this State's diversity.

(2) The commission shall consist of 14 members, as follows: five who are registered with the largest political party in California based on registration, five who are registered with the second largest political party in California based on registration, and four who are not registered with either of the two largest political parties in California based on registration.
(3) Each commission member shall be a voter who has been continuously registered in California with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of his or her appointment. Each commission member shall have voted in two of the last three statewide general elections immediately preceding his or her application.
(4) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission.
(5) Nine members of the commission shall constitute a quorum. Nine or more affirmative votes shall be required for any official action. The four final redistricting maps must be approved by at least nine affirmative votes which must include at least three votes of members registered from each of the two largest political parties in California based on registration and three votes from members who are not registered with either of these two political parties.
(6) Each commission member shall apply this article in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process. A commission member shall be ineligible for a period of 10 years beginning from the date of appointment to hold elective public office at the federal, state, county or city level in this State. A member of the commission shall be ineligible for a period of five years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this State.

(d) The commission shall establish single-member districts for the Senate, Assembly, Congress and State Board of Equalization pursuant to a mapping process using the following criteria as set forth in the following order of priority:

(1) Districts shall comply with the United States Constitution. Congressional districts shall achieve population equality as nearly as is practicable, and Senatorial, Assembly, and State Board of Equalization districts shall have reasonably equal population with other districts for the same office, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.
(2) Districts shall comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and following).
(3) Districts shall be geographically contiguous.
(4) The geographic integrity of any city, county, city and county, local neighborhood, or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding subdivisions. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(6) To the extent practicable, and where this does not conflict with the criteria above, each Senate district shall be comprised of two whole, complete, and adjacent Assembly districts, and each Board of Equalization district shall be comprised of 10 whole, complete, and adjacent Senate districts.

(e) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

(f) Districts for the Congress, Senate, Assembly, and State Board of Equalization shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.

(g) By August 15 in 2011, and in each year ending in the number one thereafter, the commission shall approve four final maps that separately set forth the district boundary lines for the congressional, Senatorial, Assembly, and State Board of Equalization districts. Upon approval, the commission shall certify the four three final maps to the Secretary of State.

(h) The commission shall issue, with each of the four final maps, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria listed in subdivision (d) and shall include definitions of the terms and standards used in drawing each final map.

(i) Each certified final map shall be subject to referendum in the same manner that a statute is subject to referendum pursuant to Section 9 of Article II. The date of certification of a final map to the Secretary of State shall be deemed the enactment date for purposes of Section 9 of Article II.

(j) If the commission does not approve a final map by at least the requisite votes or if voters disapprove a certified final map in a referendum, the Secretary of State shall immediately petition the California Supreme Court for an order directing the appointment of special masters to adjust the boundary lines of that map in accordance with the redistricting criteria and requirements set forth in subdivisions (d), (e), and (f). Upon its approval of the masters' map, the court shall certify the resulting map to the Secretary of State, which map shall constitute the certified final map for the subject type of district.

Amendments

Approved:

Defeated:

Section 3

Text of Section 3:

(a) The commission has the sole legal standing to defend any action regarding 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 any 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 map.

(b) (1) The California Supreme Court has original and exclusive jurisdiction in all proceedings in which a certified final map is challenged or is claimed not to have taken timely effect.

(2) Any registered voter in this state may file 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 implementing the plan on the grounds that the filed plan violates this Constitution, the United States Constitution, or any federal or state statute. Any registered voter in this state may also file a petition for a writ of mandate or writ of prohibition to seek relief where a certified final map is subject to a referendum measure that is likely to qualify and stay the timely implementation of the map.

(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 (2). If the court determines that a final certified map violates this Constitution, the United States Constitution, or any federal or state statute, the court shall fashion the relief that it deems appropriate, including, but not limited to, the relief set forth in subdivision (j) of Section 2.

Amendments

Amendments

Approved

Defeated

External links

Navigation