CALIFORNIA S VOTERS FIRST ACT CALIFORNIA STATE AUDITOR Elaine M. Howle Presented by Sharon Reilly Chief Counsel
CITIZENS TO REDRAW CALIFORNIA S ASSEMBLY & SENATE DISTRICTS Page 2
DISCLAIMER ABOUT THE CALIFORNIA STATE AUDITOR S OFFICE WE ARE NOT REDISTRICTING EXPERTS WE ARE EXPERTS ON THE LAWS OF GOVERNMENTAL AUDITING AND GENERAL CALIFORNIA GOVERNMENT SO WHY ARE WE HERE? ASK THE VOTERS OF CALIFORNIA! Page 3
WHAT THE VOTERS FIRST ACT DOES IN A NUTSHELL THE ACT SHIFTS THE RESPONSIBILITY FOR DEVELOPING REDISTRICTING PLANS FOR LEGISLATIVE AND BOARD OF EQUALIZATION DISTRICTS FROM THE LEGISLATURE TO A NEW CITIZENS REDISTRICTING COMMISSION FORMED BY THE STATE AUDITOR THE CALIFORNIA LEGISLATURE WILL CONTINUE TO DRAW LINES FOR CONGRESSIONAL DISTRICTS Page 4
THE CALIFORNIA STATE AUDITOR S ROLE IN GOVERNMENT LEGISLATIVE AND STATUTORY PERFORMANCE AUDITS OF ALL LEVELS OF GOVERNMENT FEDERAL COMPLIANCE AUDIT (TODAY S HOT AUDIT!) FINANCIAL AUDIT HIGH-RISK AUDIT PROGRAM WHISTLEBLOWER INVESTIGATIONS Page 5
WHAT DO AUDITORS HAVE TO DO WITH ELECTIONS? SECRETARY OF STATE S MISUSE OF FEDERAL HELP AMERICA VOTE ACT FUNDS (HAVA) HOW WELL ARE COUNTY S TRAINING POLL WORKERS? Page 6
AUDITORS & REDISTRICTING VOTERS SAY NO TO RETIRED JUDGES DRAWING THE LINES? VOTERS SAY YES TO THE CALIFORNIA STATE AUDITOR FORMING A COMMISSION TO DRAW THE LINES! Page 7
THE CALIFORNIA STATE AUDITOR IS GOING TO DO WHAT? THE STATE AUDITOR WAS CAUGHT A BIT BY SURPRISE SOON AFTER PROPOSITION 11 QUALIFIED FOR THE BALLOT THE PROPONENTS TOLD US OF OUR NEW POTENTIAL ROLE Page 8
WHY THE CALIFORNIA STATE AUDITOR? BY LAW WE ARE INDEPENDENT, NONPARTISAN, & FREE FROM EXECUTIVE BRANCH & LEGISLATIVE CONTROL AS CALIFORNIA S EXTERNAL AUDITOR WE ARE RESPONSIBLE FOR AUDITING THE BILLIONS OF FEDERAL FUNDS RECEIVED BY CALIFORNIA Page 9
THE CALIFORNIA STATE AUDITOR S NEW ROLE FORMING A NEW 14 MEMBER REDISTRICTING COMMISSION EVERY 10 YEARS CONDUCTING COMPREHENSIVE OUTREACH DRAFTING REGULATIONS TO FILL IN THE GAPS Page 10
HOW WILL ALL THIS WORK? APPLICANT REVIEW PANEL 3 CPA s 10 years of auditing experience 1 Democrat, 1 Republican, 1 Other Randomly Selected Currently Employed by the BSA Page 11
WHO CAN SIT ON THE COMMISSION? REGISTERED VOTERS WHO: Have voted in two out of the last three elections Have not changed party affiliation in the past five years Pass rigorous conflicts-ofinterest requirements A POTENTIAL POOL OF 17 MILLION PEOPLE! Page 12
UNIQUE CONFLICT-OF-INTEREST PROVISIONS FOR INSTANCE, APPLICANTS OR AN IMMEDIATE RELATIVE IN THE PAST 10 YEARS COULD NOT HAVE: Been a political candidate for state or federal office Been a lobbyist Contributed $2,000 or more in any year to a political candidate IMMEDIATE RELATIVE REQUIREMENTS EXTEND TO IN-LAWS AND EVEN EX-IN-LAWS Page 13
HOW WILL VOTERS KNOW THEY CAN APPLY? ACT REQUIRES STATE AUDITOR TO CONDUCT COMPREHENSIVE OUTREACH STATE AUDITOR HAS AWARDED A CONTRACT TO A PUBLIC RELATIONS FIRM (PENDING FUNDING) GRASSROOTS OUTREACH Email Social Media Community Groups Page 14
ACT EMPHASIZES DIVERSITY COMMISSION MEMBERS MUST HAVE APPRECIATION FOR CALIFORNIA S DIVERSE DEMOGRAPHICS & GEOGRAPHY STATE AUDITOR HAS AN OBLIGATION TO CONDUCT BROAD, INCLUSIVE OUTREACH THE EIGHT COMMISSION MEMBERS SELECTED BY THE STATE AUDITOR SELECT SIX OTHERS TO ENSURE THE COMMISSION REFLECTS THE STATE S DIVERSITY, INCLUDING, BUT NOT LIMITED TO RACIAL, ETHNIC, GEOGRAPHIC, AND GENDER DIVERSITY Page 15
THE PROCESS: APPLICATION VOTERS APPLY STATE AUDITOR SCREENS FOR CONFLICTS APPLICANT POOL IS CREATED APPLICANT REVIEW PANEL SELECTS 60 OF THE MOST QUALIFIED APPLICANTS 20 DEMOCRATS 20 REPUBLICANS 20 OTHER Page 16
THE PROCESS: SELECTING THE MOST QUALIFIED INDIVIDUALS RELEVANT ANALYTICAL SKILLS ABILITY TO BE IMPARTIAL APPRECIATION FOR CALIFORNIA S DIVERSE DEMOGRAPHICS AND GEOGRAPHY Page 17
THE PROCESS: LEGISLATURE S ROLE 60 MOST QUALIFIED SENT TO LEGISLATURE LEGISLATIVE LEADERS MAKE STRIKES : Up to 8 in each category STATE AUDITOR RANDOMLY DRAWS 8 NAMES 3 DEM, 3 REP, 2 OTHER EIGHT COMMISSIONERS SELECT REMAINING SIX 5 DEM, 5 REP, 4 OTHER = 14 COMMISSIONERS Page 18
THE COMMISSION S ROLE COMMISSION MUST HOLD PUBLIC HEARINGS AND ACCEPT PUBLIC COMMENT TO APPROVE A REDISTRICTING PLAN, THE COMMISSION NEEDS AT LEAST NINE YES VOTES INCLUDING AT LEAST THREE YES VOTES EACH FROM MEMBERS REGISTERED WITH THE TWO LARGEST POLITICAL PARTIES AND THREE YES VOTES FROM THE OTHER MEMBERS ONCE THE COMMISSION APPROVES A REDISTRICTING PLAN, IT IS USED FOR THE NEXT DECADE Page 19
CRITERIA FOR DRAWING LINES DEVELOP REASONABLY EQUAL POPULATIONS OF DISTRICTS COMPLY WITH FEDERAL VOTING RIGHTS ACT MINIMIZE SPLITTING OF COUNTIES AND CITIES INTO MULTIPLE DISTRICTS MAINTAIN COMMUNITIES OF INTEREST AND NEIGHBORHOODS DEVELOP GEOGRAPHICALLY COMPACT DISTRICTS Page 20
CRITERIA CONTINUED TO THE EXTENT CONSISTENT WITH OTHER CRITERIA, COMPRISE SENATE DISTRICTS OF TWO ADJACENT ASSEMBLY DISTRICTS AND BOARD OF EQUALIZATION DISTRICTS OF 10 ADJACENT SENATE DISTRICTS DO NOT FAVOR OR DISCRIMINATE AGAINST POLITICAL INCUMBENTS, CANDIDATES, OR PARTIES Page 21
QUESTIONS? THANK YOU FOR YOUR INTEREST! Sharonr@bsa.ca.gov Page 22