URGENT UPDATE: California Republicans are taking decisive action, filing a lawsuit to block a controversial redistricting plan from appearing on the November ballot. The legal challenge was submitted to the California Supreme Court on Monday, October 23, 2023, just days after a similar petition was swiftly denied.
Republican lawmakers argue that Governor Gavin Newsom’s Proposition 50 violates the state Constitution by undermining the rights of Californians to fair and nonpartisan electoral maps. This 432-page lawsuit claims that the Democrats’ initiative aims to dismantle the state’s nonpartisan congressional districts, intended to favor Democratic candidates in upcoming elections.
As voters prepare for the November 4, 2024 election, the stakes are soaring. The lawsuit alleges that the ballot measure poses two critical questions to voters that are misleadingly bundled: Should Congress amend the U.S. Constitution to mandate independent redistricting nationwide? And should California scrap its current nonpartisan districts for the elections in 2026, 2028, and 2030, favoring partisan lines that benefit Democrats?
Michael Columbo, representing the plaintiffs, described this as an “illegal, take-it-or-leave-it choice,” arguing it violates the constitutional requirement for ballot measures to address a single issue. However, legal experts like David A. Carrillo of Berkeley Law’s California Constitution Center contend that the core subject—redistricting—justifies the package.
Adding to the political drama, former President Donald Trump announced that the Justice Department plans to sue California over the redistricting initiative, claiming it will be “very successful.” In a direct response, Newsom challenged Trump’s threats on social media, stating, “BRING IT.”
The lawsuit targets California Secretary of State Shirley N. Weber and the state Legislature, accusing them of exceeding their authority by proposing new congressional districts without voter approval to suspend independent redistricting, which was established by voters in a 2010 measure.
Opponents of Proposition 50, led by former House Speaker Kevin McCarthy, are also pushing back. They filed a public records request seeking transparency regarding communications between the Attorney General’s office and Democratic strategists about the ballot measure. Jessica Millan Patterson, former chair of the California GOP, emphasized that voters deserve insight into possible manipulations of how the redistricting plan is presented on the ballot.
The California Supreme Court rarely intervenes to remove voter initiatives from ballots, and experts suggest it is “very unlikely” they will take such action in this case. The outcome of this legal battle could significantly impact California’s electoral landscape and partisan control in the upcoming elections.
As developments unfold, all eyes are on the California Supreme Court, which could soon make a pivotal ruling on the future of redistricting in the state. Stay tuned for further updates as this story progresses.