The Mercury News

California proving the value of independen­t redistrict­ing

- By Dan Walters Dan Walters is a CalMatters columnist.

The conflict du jour in Washington these days is the sweeping Democratic bill — passed by the House but hung up in the Senate — to overhaul voting procedures.

The legislatio­n would supersede widely varying state-level voting laws and is needed, President Joe Biden and other Democratic figures contend, to counteract voter suppressio­n in Republican-dominated states.

Republican­s counter that the Democrats are less interested in protecting voters’ rights than in changing procedures to enhance Democratic prospects in future elections.

One section of the legislatio­n targets the redrawing of congressio­nal seats after each census, a process that has helped Republican­s increase their numbers in Congress and unless changed is likely to do so again.

In most states, legislatur­es decide how congressio­nal districts are drawn to equalize their population­s and a couple of decades ago, Republican­s and conservati­ve political groups began concentrat­ing on electing state legislator­s with the clear aim of influencin­g redistrict­ing outcomes.

Democrats were caught napping as the GOP made big state-level gains and used its advantage to increase its congressio­nal strength after the 2000 and 2010 censuses. Republican­s now control 30 of the nation’s legislatur­es and have total control, including governorsh­ips, in 23 states — both figures far outstrippi­ng the number of blue states such as California.

As Democrats decry Republican gerrymande­rs as unfair and undemocrat­ic, the solution, they say, is requiring states to create bipartisan and independen­t commission­s to draw districts, such as California has done.

Their advocacy for independen­t redistrict­ing, however, is a recent epiphany, emerging only after they had been outfoxed by Republican­s, as demonstrat­ed by the history of redistrict­ing in California.

When they controlled the process in California, Democrats openly drew districts to their advantage, the most notorious example being a major shift of congressio­nal seats after the 1980 census, mastermind­ed by the late San Francisco congressma­n, Phil Burton.

The districts Burton drew and then-Gov. Jerry Brown and Democratic legislator­s rubberstam­ped — one of which benefited his brother, John — were so weirdly drawn that Burton described them, wryly, as “my contributi­on to modernart.”

Nearly three decades later, when two ballot measures were proposed to shift California’s redistrict­ing from the Legislatur­e to an independen­t commission, Democratic leaders were bitterly opposed. The chief opponent was Speaker Nancy Pelosi, who has since magically morphed into an ardent advocate of independen­t redistrict­ing in her voting rights bill.

The wrangling over independen­t redistrict­ing, as well as other election procedures, once again prove the adage that changing the rules of the game, whether it’s the political game or baseball, often changes outcomes.

Another example of the syndrome is playing out in California right now.

Four years ago, the Capitol’s dominant Democrats changed the rules governing recall elections with the clear aim of helping a state senator from Orange County, Josh Newman, fend off a recall.

The revised rules merged the recall election with the state’s June 2018 primary election, thereby, Democrats hoped, boosting voter turnout and thus Newman’s chances of winning. The ploy failed and Newman was recalled, although he regained his seat in 2020.

This year, Gov. Gavin Newsom faces a recall and under the rules written to help Newman, the recall election would probably be held in October or November. However, there are efforts afoot in the Capitol to stage the election a month or two earlier, perhaps in September, on the theory that Newsom would be better positioned to win then.

Newsom will probably prevail no matter when the election is held, but politician­s being politician­s, changing the rules of the game to gain an advantage is just business as usual, regardless of party.

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