Subject: Re: [EL] California redistricting commission
From: Douglas Johnson
Date: 11/8/2010, 2:58 PM
To: 'Larry Levine' <larrylevine@earthlink.net>, 'James Fischer' <jfischer@swlaw.edu>, 'James Lacy' <wewerlacy@aol.com>, "jon.roland@constitution.org" <jon.roland@constitution.org>
CC: "JBoppjr@aol.com" <JBoppjr@aol.com>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

One can "suppose" all one wants without doing any research, but the scenario described would only happen if the Supreme Court Justices are incapable of reading the California Constitution:

 

(g) By September 15 in 2011, and in each year ending in the number 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. . . .

(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 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.

 

Prop. 20 changed the deadline from Sept. 15 to Aug. 15. Somehow I'm pretty confident the Justices are capable of following the constitution.

 

And, in response to an earlier message from Mr. Levine about what's likely to happen, there's no need to guess without any basis in research. There's both a case study of the 1990s districts (http://rose.research.claremontmckenna.edu/publications/pdf/rose_ca_case_study.pdf) and studies from the Rose Institute and from Bruce and Karin's group at Berkeley looking at what is likely to happen following the criteria now adopted by California voters.

 

- Doug

 

Douglas Johnson

Fellow

Rose Institute of State and Local Government

Claremont McKenna College

o 909-621-8159

m 310-200-2058

douglas.johnson@cmc.edu

www.RoseReport.org

 

 

 

 

From: Larry Levine [mailto:larrylevine@earthlink.net]
Sent: Monday, November 08, 2010 2:39 PM
To: Douglas Johnson; 'James Fischer'; 'James Lacy'; jon.roland@constitution.org
Cc: JBoppjr@aol.com; election-law@mailman.lls.edu
Subject: Re: [EL] California redistricting commission

 

I suppose the courts could say "we'll review the plan after you sent one to us."  With a deadlocked commission, that would be a real hoot.

Larry

----- Original Message -----

From: Douglas Johnson

To: 'James Fischer' ; 'James Lacy' ; jon.roland@constitution.org

Cc: JBoppjr@aol.com ; election-law@mailman.lls.edu

Sent: Monday, November 08, 2010 12:16 PM

Subject: Re: [EL] California redistricting commission

 

I realize this isn't the most serious of threads, and I've enjoyed the banter, but just in case anyone's still following it, the Commission's work will be overseen by the voters (the redistricting plans are subject to referendum) and by the courts (the commission must comply with the Federal Voting Rights Act).

 

In California, as in Florida, the question of how active the courts will be in overseeing the implementation of state redistricting criteria is an open question.

 

- Doug

 

Douglas Johnson

Fellow

Rose Institute of State and Local Government

Claremont McKenna College

o 909-621-8159

m 310-200-2058

douglas.johnson@cmc.edu

www.RoseReport.org

 

 

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of James Fischer
Sent: Monday, November 08, 2010 11:18 AM
To: James Lacy; jon.roland@constitution.org
Cc: JBoppjr@aol.com; election-law@mailman.lls.edu
Subject: Re: [EL] California redistricting commission

 

Quis custodiet ipsos custodes?

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of James Lacy
Sent: Monday, November 08, 2010 8:51 AM
To: jon.roland@constitution.org
Cc: JBoppjr@aol.com; election-law@mailman.lls.edu
Subject: Re: [EL] California redistricting commission

 

Then what we will need is an additional set of computers to program and run the computers.  The first set of commuters will need randomly selected programmers to oversee the randomly selected programers who program the first set of computers so that the work of randomly selected panels overseeing the randomly elected panels is as random as possible. 

James V. Lacy

Confidentiality applies

 

Sent from my iPad


On Nov 8, 2010, at 7:22 AM, Jon Roland <jon.roland@constitution.org> wrote:

On 11/08/2010 08:58 AM, JBoppjr@aol.com wrote:

It will be interesting to see how Jon's promotion of random selection works out when the Calif redistricting comm is randomly selected.  I wonder what are the efforts leading up to that to try to manipulate the process.

I got a report, as yet unconfirmed, that the framers of that reform got the idea from reading my stuff. Of course, if any process can be manipulated it will be. It had better be supervised by a grand jury for execution of the selection.

Randomly selected panels need to supervise the selection of other randomly selected panels. It is too important not to have a lot of independent people watching.

That still leaves the question of how computer mapping software is used in drawing the maps. If they do it right they will not attempt to do things like protect incumbents. Better to have little if any human input into the drawing. Let the computer do it.

-- Jon
 
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