[EL] AZ commissions upheld 5-4

[Rick Hasen]

I agree and posted this earlier this afternoon at ELB:


Edit <http://electionlawblog.org/wp-admin/post.php?post=73882&action=edit>


    Small Error in Justice Ginsburg’s AZ Redistricting Decision
    <http://electionlawblog.org/?p=73880>

Posted onJune 29, 2015 2:33 pm 
<http://electionlawblog.org/?p=73880>byRick Hasen 
<http://electionlawblog.org/?author=3>

A reader via email notes to me that Justice Ginsburg’s decision in the 
AZ redistricting case contains a minor error of fact on page 8 ofthe 
slip opinion <http://electionlawblog.org/wp-content/uploads/az.pdf>. The 
opinion states:

    The California Redistricting Commission, established by popular
    initiative, develops redistricting plans which become effective if
    approved by public referendum.7

    7. See Cal. Const., Art. XXI, §2; Cal. Govt. Code Ann. §§8251–8253.6
    (West Supp. 2015).

In fact, there is no referendum requirement inArt. XXI 
<http://www.leginfo.ca.gov/.const/.article_21>of the state Constitution. 
Instead, the go into effect after being approved, but they are subject 
to potential referendum under the usual rules for referenda of 
legislative matters. See Cal. Consts. Art. XXI section 2(i):

    (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 forpurposes of Section 9 of Article II.

The last time readerspointed out an error 
<http://electionlawblog.org/?p=67193>in a Justice Ginsburg opinion, I 
noted it on the blog and the Justicequickly 
<http://electionlawblog.org/?p=67275>corrected it 
<http://electionlawblog.org/?p=67566>.




On 6/29/15 6:29 PM, Fredric Woocher wrote:
> In her opinion for the Court, Justice Ginsburg observes that a number 
> of other states, including California, have also established Citizen 
> Redistricting Commissions, and she describes California's system as 
> follows:
> "The California Redistricting Commission, established by popular 
> initiative, develops redistricting plans which become effective /if 
> approved/ by public referendum.7"
> That is not correct, however, is it?  In California, redistricting 
> plans adopted by the Commission are subject to referendum in the same 
> way that any statute passed by the Legislature would be subject to 
> referendum (i.e., by submitting a sufficient number of signatures in 
> support of a referendum petition), but the Commission's plans are not 
> /required/ to be approved by a public referendum in order to become 
> effective. Perhaps I'm being picky, but the opinion's wording suggests 
> to me that the Commission's plans become effective /only if/ they are 
> approved by a public vote, when I do not believe that to be the case.
> Fredric D. Woocher
> Strumwasser & Woocher LLP
> 10940 Wilshire Blvd., Ste. 2000
> Los Angeles, CA 90024
> fwoocher at strumwooch.com
> (310) 576-1233
> -----Original Message-----
> From: law-election-bounces at department-lists.uci.edu 
> [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of 
> Rick Hasen
> Sent: Monday, June 29, 2015 7:30 AM
> To: law-election at UCI.edu
> Subject: [EL] AZ commissions upheld 5-4
> http://electionlawblog.org/wp-content/uploads/az.pdf
> Analysis to come
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science UC Irvine School 
> of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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