CalProps Analysis: Prop 11

California Proposition 11, also known as the Voters FIRST Act, would amend the state constitution and establish a 14 member commission to establish state legislative and board of equalization districts. This would of course remove such authority from the elected leaders themselves, where that power currently resides.

The proposed commission would be required to include five Democrats, five Republicans and four of independent members unaffiliated with either party. The commission would be subject to some legislative oversight, much the way opposing attorneys engage in jury selection. Government auditors would select 60 applicants from a pool that legislative leaders from both parties may then whittle down. The auditors will subsequently pick eight commission members by lottery, and those commissioners pick six additional members for a total of 14.

Redistricting has long been the call for would-be reformers of a state legislature most agree is broken. Governor Schwarzenegger attempted his own initiative in 2005, which would have given the authority to a panel of retired judges. It lost badly, though all of the Governor’s reform efforts that year suffered the same fate.

The essential thinking behind redistricting is centered chiefly on two issues: that a legislature that draws its own seat has an inherent conflict of interest, and that the currently “safe seats” function to elect deeply ideological legislators that do little to assuage partisan rancor and gridlock in the Capitol.

California Common Cause is a main sponsor of Prop 11. Others supporting it include the AARP , The League of Women Voters, Governor Schwarzenegger, the ACLU and numerous chambers and statewide business advocates. Add to that virtually every major editorial board in the state.

The opposition is not, however, wanting for heavy hitters of its own. Chief among them are Senator Barbara Boxer, House Speaker Nancy Pelosi and the California Democratic Party. The NAACP Defense Fund and several other minority advocacy groups also stand opposed.

Arguments for and against Prop 11

Notable arguments in favor of Prop. 11:

Under current law the legislature draws its own districts which results in a 99 percent of incumbents being re-elected
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 Prop. 11 will be able to make independent decisions leading to legislative boundaries based on fairness and the public good and not political aspirations.

Arguments against Prop. 11

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 Prop. 11 would allow politicans to hide behind the selected bureaucrats to maintain a hold on redistricting as they wish.
The overly complicated process created by Prop. 11 would make it easier to mask hidden agendas of the people behind those on the committee.
Prop. 11 offers no assurance of the same representation for communities, such as California's Hispanic community in the redistricting process.
The current version of Prop. 11 does not included 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."

Polling information

Month of Poll	Polling company	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