California

California’s congressional and state legislative lines are drawn by a 14-member independent commission, created by ballot initiative in 2008, with expanded scope granted in 2010.  Commissioners must have voted in at least two of the last three statewide elections, and may not have changed party affiliation for at least five years.  Neither commissioners nor immediate family may have been, within ten years of appointment, a candidate for federal or state office or member of a party central committee; an officer, employee, or paid consultant to a federal or state candidate or party; a registered lobbyist or paid legislative staff; or a donor of more than $2,000 to an elected candidate.  Furthermore, neither commissioners nor immediate family may be staff, consultants, or contractors for state or federal government while serving on the commission. [Cal. Gov’t Code § 8252(a)]

With an eye to analytical skills, impartiality, and diversity, a panel of three state auditors choose 20 Democrats, 20 Republicans, and 20 who are neither to be nominees for the commission; the four legislative leaders (majority and minority leader in each legislative house) may each cut two people from each pool.  Eight commissioners (3 Democrats, 3 Republicans, 2 neither) are chosen randomly from the remaining nominees; those eight choose six colleagues (2 Democrats, 2 Republicans, 2 neither), to reflect the diversity of the state.  The final commission thus has 14 members (5 Democrats, 5 Republicans, 4 neither). [Cal. Gov’t Code § 8252(b)-(g)]

The 2020 commissioners are listed here.

Nine votes are necessary to approve a plan: 3 Democrats, 3 Republicans, and 3 neither. [Cal. Const. art. XXI, § 2(c)(5)]  Each map is also subject to public referendum.  If, within 90 days of the plan’s enactment, a referendum petition is signed by voters amounting to 5% of the 2020 gubernatorial vote, the plan will be submitted for referendum at a special statewide election or at the next general election. [Cal. Const. art. II, § 9]  If the commission fails to pass a map by the deadline, or a map is overturned by referendum, the California Supreme Court will select special masters to draw that map; the California Supreme Court also has exclusive jurisdiction in state court for legal challenges to maps that are passed. [Cal. Const. art. XXI, §§ 2(g), 2(j), 3(b)]

The commission must normally produce plans by August 15 of the year after the Census.  In 2020, the state Supreme Court granted the commission an initial extension to produce congressional and state legislative plans, in light of COVID-19-related delays in Census data. [Legislature v. Padilla, 469 P.3d 405 (Cal. 2020)]  In light of additional delays in receiving data, the state Supreme Court granted another extension, requiring the commission to submit their final plans by Dec. 27, 2021.

If the commission does not pass a plan by the prescribed date, the Secretary of State must ask the California Supreme Court to appoint special masters to do so. [Cal. Const. art. XXI, § 2(g), (j)]

Candidates were required to file for congressional and state legislative primary elections by Mar. 11, 2022, unless an incumbent running for reelection failed to file by that date, in which case the filing deadline was Mar. 16, 2022. [Cal. Elec. §§ 1000, 8020(b), 8022]

California prohibits redrawing district lines mid-decade, before the next Census. [Legislature of State of Cal. v. Deukmejian, 34 Cal.3d 658 (1983)]

Commission proceedings are subject to the state Open Meetings Act; commission records, redistricting data, and computer software will be available to the public.  Both the commission and the legislature must issue public reports after drawing the plans for state legislative or congressional districts, explaining their decisions. [Cal. Const. art. XXI, § 2(h); Cal. Gov’t Code § 8253]  The reports can be found for the 2020 cycle here and for the 2010 cycle here.

The 2020 commission conducted outreach in eleven different zones, with these materials.  Materials from meetings during the 2020 cycle (including videos and transcripts) are here.

Californians can describe, and map, their communities and submit proposals to the Commission using a new Communities of Interest tool.

Like all states, California must comply with constitutional equal population requirements.  California law requests that the redistricting commission adjust census data for both congressional and state legislative districts in order to count incarcerated individuals at their last known residence. [Cal. Const. art. XXI, § 2(d)(1), Cal. Elections Code § 21003]

California must also, like all states, abide by the Voting Rights Act and constitutional rules on race.

The California constitution further requires that districts be contiguous.  To the extent possible, they must also preserve the geographic integrity of cities, counties, neighborhoods, and communities of interest.  To the extent practicable, and where so doing does not violate higher-priority constraints, districts must also encourage compactness, defined by lines that do not bypass nearby population in favor of more distant population.  Finally, where practicable, and where not in conflict with the criteria above, state Senate and Assembly districts must be nested within each other. [Cal. Const. art. XXI, § 2(d)]

In drawing maps, the commission may not consider candidate residences, and districts may not be drawn to favor or discriminate against a candidate or party. [Cal. Const. art. XXI, § 2(e)]

The first 8 commissioners for California’s independent redistricting commission were chosen on July 2, 2020, and the remaining 6 commissioners were chosen on Aug. 7, 2020.  The details of the selection process can be found here and the final list of 2020 commissioners can be found here.

The state Supreme Court granted an extension of the redistricting deadlines in light of the delay in the delivery of Census data.  The independent commission passed final congressional and legislative maps on Dec. 26, 2021.

It appears that the plans were not challenged in court.

A new independent commission, established by citizen’s initiative, controlled the process.  The commission invited public input, with more than 2,700 witnesses giving testimony and nearly 20,000 comments submitted by the public (archived here).  The commission voted on Aug. 15, 2011 to approve congressional maps (12-2 vote) and state legislative maps (13-1 vote); those final maps were precleared by the DOJ on Jan. 17, 2012.

A 2012 referendum on the state Senate districts qualified for the November 2012 ballot.  The state Supreme Court ruled that the Commission’s lines would be used temporarily, for the 2012 elections, until the referendum was held — and then the referendum was defeated at the polls, confirming the district lines until the next cycle. [Vandermost v. Bowen II, 53 Cal.4th 421 (2012)]

The congressional and state Senate plans were challenged in state and federal court, and the composition of the commission itself was challenged in state court.  No challenge was successful. [Vandermost v. Bowen, No. S196493 (Cal. Sup. Ct. Oct. 26, 2011); Radanovich v. Bowen, No. S196852 (Cal. Sup. Ct. Oct. 26, 2011); Radanovich v. Bowen, No. 2:11-cv-09786, 2012 WL 13012647 (C.D. Cal. Feb. 9, 2012); Connerly v. California, No. 34-2011-80000966 (Cal. Super. Ct., Sacramento Cnty. Nov. 6, 2017)]

California’s legislature controlled the redistricting process. The state Assembly, state Senate, and congressional maps were enacted on Sept. 26, 2001, and precleared on Nov. 30, 2001.

The state Senate and congressional plans were challenged in federal court, and the state Assembly plan was challenged in state court.  No challenge was successful. [Cano v. Davis, 211 F. Supp. 2d 1208 (C.D. Cal. 2002); Nadler v. Schwarzenegger, 137 Cal.App.4th 1327 (2006)]