California Republicans File Suit Seeking to Block Newsom Redistricting Plan

Republican lawmakers in California have filed a lawsuit asking the State Supreme Court to stop Democrats from moving ahead this week with a plan to redraw congressional districts.

It was the latest move in an escalating national battle over redistricting that began this summer when President Trump asked Texas leaders to help Republicans maintain control of the House of Representatives by reshaping congressional districts and delivering five additional seats for their party.

California Democrats responded on Monday by introducing a package of bills to create new district boundaries that could help Democrats flip five seats in their state. Democratic state lawmakers, who control more than two-thirds of the California Legislature, plan to pass the bills on Thursday and put the proposal before voters in a Nov. 4 special election.

The emergency petition, filed by four Republican state legislators, argues that the State Constitution prohibits the Legislature from acting on the redistricting bills until Sept. 18 because new legislation requires a 30-day review period. The lawmakers said that more time was needed for the public to review the proposal, which would change the way some Asian American and Hispanic communities are represented.

States normally draw their congressional districts once a decade based on new census data, and the maps in California and Texas were initially created to last through the 2030 election cycle. But President Trump’s request of Texas Republicans has prompted Democratic leaders to counter with their own mid-decade redistricting pursuit.

California, the nation’s most populous state, was an obvious place to start, given that it has the most congressional seats and is reliably Democratic. But the state has more barriers to redrawing maps because its Constitution requires that an independent redistricting commission create congressional boundaries, and voters must approve any changes to that process.

“Instead of a monthslong transparent and participatory process overseen by an independent citizens redistricting commission for such a sensitive matter,” the lawsuit states, “the public would be presented instead with an up-or-down vote on maps unilaterally prepared in secret by the Legislature.”

At issue is a technical question of whether a bill is “introduced” at the time it is first assigned a bill number and drafted with preliminary language, or whether it must be fleshed out in full to begin the 30-day clock in the State Constitution. The state’s Constitution also has a rule that requires the final text of a bill be published for 72 hours before lawmakers can vote on it.

In the final weeks of the legislative session, California lawmakers for decades have rewritten bills, top to bottom, in a process colloquially referred to as “gut and amend.”

The 72-hour rule is a more recent requirement, intended to ensure that such last-minute bills receive at least three days of review. To adhere to that rule, the full Assembly and Senate are waiting until Thursday to vote on the redistricting bills that were introduced on Monday.

Democrats cannot afford to wait beyond this week because of the preparation time that elections officials need for a special election in November.

The lawsuit filed on Monday may be the first of multiple legal challenges. The National Republican Congressional Committee said last week that it was also preparing to pursue litigation against the Democratic plan in California.

A spokesman for Gov. Gavin Newsom, who has led the effort the Legislature plans to vote on this week, said the governor was unfazed by the legal challenge filed with the State Supreme Court.

“Republicans are filing a deeply unserious (and truly laughable) lawsuit to stop Americans from voting?” Izzy Gardon, the spokesman, said in a statement. “We’re neither surprised, nor worried.”