THE NEW RULES OF THE POLITICAL GAME IN

CALIFORNIA

The Problem and “Solutions”

Conventional wisdom is that partisan polarization in California is caused by: “Gerrymandering” to create safe political

districts Primary elections controlled by partisan

extremists

Proposed solutions are changes to these processes: Citizens Redistricting Commission Top-two primary Both implemented in 2012

The New Electoral Rules for 2012

After failed attempts in 1982, 1984, 1990, and 2005, voters passed initiative to create it

2008 (Prop 11) and 2010 initiatives put power in the hands of commission

After 104 public meetings in 32 cities, commission redrew lines without regard to party registration or incumbent addresses

Over the past decade, primary elections have been used for parties (and independent voters if invited) to nominate general election candidates.

2010 Prop. 14 takes parties out of the process: primary winnows the field to the top two candidates, regardless of “party preference,” to compete in general election

Applies to state and federal offices

Citizens Redistricting Commission

Top-Two Primary

History of Party Nominations

In California’s history, the process of selecting party nominees has undergone significant changes.

The Convention System, 1849-1908. Parties got to throw their own parties, managing and paying for conventions that were not regulated by the state. No laws against bribing delegates. No laws guaranteeing delegates the right to vote at a

convention. “Both sneaks and sluggers were employed as the

occasion dictated.” –C. Edward Merriam, 1908. Streetfights between the longhair and shorthair Union

partisans in 1866

Historical “Evolution” of Candidate Nominations in CA

Direct primaries with cross-filing, 1908-1959.

1908 initiative, pushed by Progressives, had the state take over and finance primaries in which party members voted.

Cross-filing removed a candidate’s party label from the primary ballot, and allowed candidates to run in multiple primaries

Historical “Evolution” of Candidate Nominations in CA

Cross-Filing Party members could still select their

nominee, but they often chose an incumbent from the other party.

1952 initiative attached party labels. 1959 abolition of cross filing prevented

candidates from running in more than one party primary.

Do Nomination Procedures Affect Partisan Polarization?

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0.518

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5518

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1919

2719

3519

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6719

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Polarization Score in Session

Smoothed Polarization Series

Historical “Evolution” of Candidate Nominations in CA

Blanket Primary, 1998-2000. Proposition 198, financed by moderate

Republicans and reformers, let voters chose the primary in which they would participate.

Meant to bring independents and moderates into the process, and select more moderate nominees.

The US Supreme Court agreed that this system violated a party’s freedom of association in California Democratic Party vs. Jones, 2000

Historical “Evolution” of Candidate Nominations in CA

In June, 2010, voters passed the “top-two primary” law Put on the ballot by moderate Republican

Abel Maldonado Voters can choose from all candidates from

all parties in any office The “top-two,” regardless of party, advance

to the November ballot

The Partisan Warfare of Redistricting: Rules of the Game

After each census (2010, 2000, ...) new congressional, state Senate, and state Assembly districts drawn because: CA often got more seats in Congress. Old districts no longer = in population.

In the past, new district maps passed as a bill in the legislature: Needed to pass each house with simple

majorities and be signed by the governor, requiring compromise.

The Partisan Warfare of Redistricting: Rules of the Game

Like any law, a redistricting plan can be overturned by a petition referendum

If elected officials fail to reach an agreement, redistricting passes to the State Supreme Court, which may appoint “Special Masters.”

The federal Voting Rights Act of 1965 allows affected voters to sue if the voting power of racial and ethnic minorities is diluted when lines drawn with discriminatory intent and effect.

The Partisan Warfare of Redistricting: Rules of the Game

Did it Work?

Contrary to some expectations, the Commission did not deadlock, successfully defended plans in court

New districts more geographically compact than prior districts

More opportunities for Latino representation in the Assembly

For parties, a wash Neither party clearly advantaged Slight increase in the number of competitive seats