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State and Federal Law
Related to Districting

Initiative Constitutional Amendment for
Automated Districting

See: Final Text of Initiative
See: US Constitution Law | Initiative Requirements

Jump: Old Constitution Article | New Elections Code | Old Elections Code

Draft Amended California Constitution, Article 21

ARTICLE 21: REAPPORTIONMENT OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS

SECTION 1. In the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Secretary of State shall adjust the boundary lines of the Senatorial, Assembly, Congressional, and Board of Equalization districts in conformance with the following criteria:
(a) Every district shall be a contiguous compilation of centroid proximate census tracts configured solely on the basis of population, without regard to party registration, voting history, race, sex, or national origin.
(b) Each member of the Senate, Assembly, Congress, and the Board of Equalization shall be elected from a single member district.
(c) The population of each district of a particular type shall not vary more than one percent from the average population of all districts.
(d) Districts of each type shall be numbered consecutively commencing at the northwestern boundary of the State and ending at the southeastern boundary.
(e) Senatorial districts shall be composed of consecutive pairs of Assembly districts and Board of Equalization districts shall be composed of consecutive sets of twenty Assembly districts.
(f) This section shall be selfexecuting. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted. Any provision held invalid shall be severable from the remaining portions of this section.
(g) Section 21000 of the California Elections Code and any Code conflicting with this Section are hereby repealed.
(h) The section shall be in effect for the year 2000 census and districting process and all subsequent reapportionment or redistricting processes.



Current California Constitution, Article 21

ARTICLE 21: REAPPORTIONMENT OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS

SECTION 1. In the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Legislature shall adjust the boundary lines of the Senatorial, Assembly, Congressional, and Board of Equalization districts in conformance with the following standards:
(a) Each member of the Senate, Assembly, Congress, and the Board of Equalization shall be elected from a singlemember district.
(b) The population of all districts of a particular type shall be reasonably equal.
(c) Every district shall be contiguous.
(d) Districts of each type shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.
(e) The geographical integrity of any city, county, or city and county, or of any geographical region shall be respected to the extent possible without violating the requirements of any other subdivision of this section.


Draft Amended California Elections Code Section 21000

Section 21000. The Secretary of State shall execute an automated program consistent with the following procedures:
a) Determine the average population for each district for the offices of State Assembly and Congress;
b) Establish the geographic center point (centroid) of each Census Tract;
c) For each set of districts:
i) Beginning at the furthest northwest point of the state, proceeding to the furthest southeast point of the state, select the the initial tracts for assignment to a District;
ii) Sequentially assign the most centroid proximate census tract to each district until the population of the District is within one percent (1.0%) of the average district population.
iii) Repeat for each subsequent district for all remaining unassigned census tracts.
d) Consolidate pairs of State Assembly Districts sequentially into State Senate Districts and sets of twenty State Assembly Districts sequentially into Board of Equalization Districts.
e) Assign district numbers for each set of districts, beginning at the most northwesterly and proceeding to the most southeasterly district.
Section 21001. The Secretary of State shall prepare detailed maps showing the boundaries of any districts established by this division on or after January 1, 2001. These maps shall be prepared no later than 90 days following the implementation of the redistricting plan pursuant to this division, and shall illustrate the boundary lines of every district described in the redistricting plan.
(a) The Secretary of State shall provide each Member of the Senate, Assembly, and the State Board of Equalization, and each Member of Congress from California, with one copy of a map or maps of his or her district. One copy of the entire set of maps for the Assembly shall be provided to the Assembly Committee on Rules, one copy of the entire set of maps for the Senate shall be provided to the Senate Committee on Rules, and one copy of the entire set of maps for the State Board of Equalization shall be provided to the State Board of Equalization.
(b) The Secretary of State shall also make copies of the maps available for public inspection. The Secretary of State shall also provide copies of the maps to the county elections officials for use in their administrative functions involved in the conduct of elections.
(c) There shall be no charge for the maps provided pursuant to this section.


Current California Elections Code Section 21000

Section 21000. The county elections official in each county shall compile and make available to the Legislature or any appropriate committee of the Legislature any information and statistics that may be necessary for use in connection with the reapportionment of legislative districts, including, but not limited to, precinct maps indicating the boundaries of municipalities, school districts, judicial districts, Assembly districts, senatorial districts and congressional districts, and lists showing the election returns for each precinct in the county at each statewide election.
If the county elections official stores the information and statistics in data processing files, he or she shall make the files available, along with whatever documentation shall be necessary in order to allow the use of the files by the appropriate committee of the Legislature and shall retain these files until the next reapportionment has been completed. Each precinct shall be identified according to the census tract or enumeration district in which it is located. In the case of any precinct that is divided among two or more census tracts or enumeration districts, the county elections official shall include an estimate of the proportion of the precinct's registered voters in each census tract or enumeration district. If the United States Bureau of the Census divides or alters any census tract or enumeration district between the time of an election and the census upon which the reapportionment is based, the county elections official shall provide whatever corrections or additional information may be necessary to reflect those changes.
Section 21001.
(a) The Secretary of State shall prepare detailed maps showing the boundaries of any districts established by this division on or after January 1, 1991. These maps shall be prepared no later than 90 days following the enactment of any redistricting plan pursuant to this division, and shall illustrate the boundary lines of every district described in the redistricting plan.
(b) The Secretary of State shall provide each Member of the Senate, Assembly, and the State Board of Equalization, and each Member of Congress from California, with one copy of a map or maps of his or her district. One copy of the entire set of maps for the Assembly shall be provided to the Assembly Committee on Rules, one copy of the entire set of maps for the Senate shall be provided to the Senate Committee on Rules, and one copy of the entire set of maps for the State Board of Equalization shall be provided to the State Board of Equalization.
(c) The Secretary of State shall also make copies of the maps available for public inspection. The Secretary of State shall also provide copies of the maps to the county elections officials for use in their administrative functions involved in the conduct of elections.
(d) There shall be no charge for the maps provided pursuant to this section.
Section 21002. Each house of the Legislature shall be a proper party to, and, if not originally named as a party, shall have the right to intervene in, any action involving the validity or application of any statute that provides for changes in the boundaries of any legislative districts of members of that particular house.


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