In conclusion
California Democrats hurried legislation for a special election on new election maps using a popular legislative strategy known as “gut and amend.” Republicans claim the state constitution is violated.
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Republicans in California are suing the state to prevent the Democratic-controlled Legislature from debating proposals that would enable Governor Gavin Newsom to call a special election using congressional maps that were manipulated.
The lawsuit might make it more difficult for election authorities, who are already under pressure to get the maps onto Californian ballots in time for Newsom’s requested special election on November 4. However, the California Supreme Court’s speed and whether it halts the case while it considers it will determine this.
Since California has an independent redistricting panel that creates election maps following each census, Newsom needs voter approval for the plans. In response to Republican gerrymandering attempts in Texas aimed at influencing the 2026 congressional elections in favor of the Republican Party and President Donald Trump, he is eager to have the initiative on the ballot.
Republicans claim that by ignoring a requirement that, with limited circumstances, requires legislation to be made publicly available for 30 days prior to a vote by lawmakers, Democratic leaders broke the state constitution.
Instead of introducing new legislation that would initiate the 30-day deadline, Democrats repurposed two existing laws to get the maps on the ballot.
The lawsuit’s lead lawmaker, Huntington Beach Republican Sen. Tony Strickland, blasted Newsom and Democrats for drafting a backroom agreement without any public involvement, transparency, or daylight.
According to Strickland, if they were to do it correctly, they would draw the maps after holding public hearings, notifying the public, and obtaining the consent of the Californian people.
Early in February, the aforementioned bills—Assembly Bill 604 and Senate Bill 280—were introduced and assigned bill numbers. Early on Monday morning, the revised wording regarding the redistricting process was uploaded.
According to seasoned lobbyist Chris Micheli, legislators have considered the date of a bill’s initial introduction—typically in early January, close to the start of the session—as the beginning of the 30-day clock for decades. A different requirement that voters enacted to the state constitution in 2016 governs gut-and-amends: the wording must be publicized for 72 hours prior to lawmakers casting their votes.
According to Micheli, the Republicans’ complaint is unproven and has not yet been decided by a court. However, I don’t believe it will be successful.
The gut-and-amend strategy is a common way for lawmakers to offer new legislation late in the season and avoid deadlines. The opposition party seldom, if ever, asks the California State Supreme Court to mediate what is known as insider legislative baseball.
However, in light of the redistricting movement, Republican lawmakers have stepped up their support for the state’s citizen redistricting commission, which was set up in 2010 on a nonpartisan basis to stop politicians from creating self-serving maps.
Assemblyman Carl DeMaio of San Diego, who is not a party to the lawsuit, stated that the public cannot have a voice if they are unaware of what is happening. Governor Newsom and the lawmakers are attempting to keep the public from learning about the situation before it’s too late.
This item was reported by Jeanne Kuang of CalMatters.
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