To Save Democracy!
Proposition 50 (ACA 8) is a measure placed on the ballot by the Legislature with the intent of overriding the authority of the Citizens Redistricting Commission, expressly to benefit the Democratic Party.
The strongest argument against Proposition 50 (ACA 8) is that it violates Article XXI, Section 2(d)(4–5) and (e) of the California Constitution.
Excerpts of CA Constitution Article II § 8
(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.
(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.
Proposition 50 also runs afoul of CA Govt Code § 8251 (2024) (c)(1-4):
Excerpts of CA Govt Code § 8251:
(c) The Legislature may not amend this chapter unless all of the following are met:
(1) By the same vote required for the adoption of the final set of maps, the commission recommends amendments to this chapter to carry out its purpose and intent.
(2) The exact language of the amendments provided by the commission is enacted as a statute approved by a two-thirds vote of each house of the Legislature and signed by the Governor.
(3) The bill containing the amendments provided by the commission is in print for at least 12 days before final passage by the Legislature.
(4) The amendments further the purposes of this act.
The code directly restricts the authority of the legislature:
- Legislature cannot amend the CRC statutes unless by 2/3 vote and only if the amendment “furthers the purposes” of the CRC.
- Legislature cannot amend or repeal Article XXI of the Constitution by ordinary statute.Legislature cannot pass laws that “circumvent” CRC requirements.
- Legislature cannot even put a measure on the ballot affecting CRC operations unless:
- It originates from the CRC itself, or
- It’s a formal constitutional amendment under Article XVIII (requiring 2/3 legislative vote).
Bottom line: These provisions were written to lock in the independence of the Citizens Redistricting Commission, ensuring that the Legislature cannot sidestep or dismantle it except through the formal constitutional amendment process.
Prop 50 clearly fails to further the purpose of the CRC because it is explicitly designed to circumvent it.
It is worthy of note that CA Constitution Article II § 8(d) does NOT apply to legislatively referred propositions such as Prop 50 (ACA 8).
CA Constitution Article II § 8(d):
(d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.
Download the document below for excerpts of the applicable provisions of the CA Constitution and the CA Government Code implementing the Citizen’s Redistricting Commission.
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