Is Prop 50 Ignoring Will of Voters? [Opinion]

Is Proposition 50 “Ignoring the Will of the Voters?”  Hardly! [Opinion]

On Sept. 2, my friend and colleague Steve Sanchez who serves on the LaQuinta City Council and with whom I serve on the Southern California Association of Governments Regional Council as well as other commissions, wrote an opinion piece for the Uken Report outlining his opposition to this fall’s Proposition 50. This measure would, if passed by the voters, redraw California’s congressional district map in direct response to the blatant Republican led gerrymandering of the congressional maps in the state of Texas.  And while I appreciate (and also strongly disagree) with Steve’s opinion on whether or not the initiative should be passed — he does make a claim in his piece that needs to be addressed.

He claims that Proposition 50 would undo the “will of the voters” who approved Propositions 11 and 20 which created the independent Citizen Redistricting Commission.  What he fails to recognize though is that here in California, unlike in other states who are or are considering also doing mid-term redistricting, California in Prop 50 SPECIFICALLY is asking the voters if they want to do approve a temporary congressional map before the next census and have the Citizen Redistricting Commission draw new maps again after the 2030 census. It doesn’t do away with the Commission, nor does it undo Props 11 and 20.

California – unlike Texas and other states – is actually ASKING us, the voters, if we want to adopt new temporary congressional maps.  So, my question is, how is asking the voters if they have a change of opinion overriding the “will of the voters?” Asking the voters if they have a change of heart is hardly unprecedented either.  Voters have been asked in the past if they want to change or modify Proposition 13 on property taxes – and repeatedly voters have turned that down.  That is the will of the voters in action.  And voters have also overturned previous initiatives when asked.  Most recently in the last election when voters passed Proposition 36 which increased criminal penalties, and which actually undid most of Prop 47 which reduced criminal penalties and was passed previously by the voters. I don’t recall folks last year saying that asking the voters if they wanted to undo Prop 47 would “override” the will of the voters.  It’s asking if they changed their minds – just like Prop 50 does.

Voters sometimes have a change of heart from time to time – situations change, and legislatures are allowed to ask the voters if they want to change things.  If the voters reject Proposition 50 – which I hope they don’t – California will know and will respect their choice.  But in no way can it be argued that Proposition 50 “undoes the will of the voters” when in reality it ASKS the voters what their will is!

I strongly believe that the voters of California should pass Proposition 50 this fall.  These are unprecedented times, and they call for strong measures.  If every state in the union did like California, Washington, Oregon and a few other states do – i.e. have a non-partisan citizen redistricting commission – we wouldn’t need to do this.  And when legislatures actually do override the will of the voters, as the Utah legislature recently did there by ignoring a citizen’s initiative creating a non-partisan redistricting commission, they get struck down by the courts.  Utah must now redraw their maps this year using their citizens commission. However, when partisan politicians take it upon themselves to attempt to increase their powers by gerrymandering seats that give their party an unfair advantage and without asking the voters if they want that change, like Texas is doing, we cannot stand idlily by.  We – the voters – must fight back.

That is what we the voters will be doing if we pass Proposition 50 this fall.  The maps won’t change if the voters do not approve them. Is it ignoring the will of the voters?  Hardly! California will be – indeed as all states should be – listening to the will of their voters, and there is nothing more sacrosanct than that.