Critics say redistricting panel needs diversity

Now, as the state auditor moves forward with the complicated process of selecting the 14 members of the commission called for under Proposition 11, critics say their worst fears are being realized.

More than 74 percent of the 7,681 registered voters who have applied for the commission so far are non-Hispanic whites, according to the state auditor's office. Critics say the commission, whose decisions will influence Sacramento's political makeup for a decade, should reflect the racial and ethnic composition of California, which is 42 percent non-Hispanic white.

Democratic Party insiders, who opposed the initiative from the beginning, have begun collecting signatures for another ballot measure that would eliminate the commission altogether and put the redistricting process back in the hands of the Legislature.

"Nothing is in there to make the commission representative of California, or more importantly, accountable to anyone," said Daniel Lowenstein, a law professor at UCLA who is sponsoring the new measure. "People don't like the Legislature, but one advantage is that you get to vote on them every two years."

Power to the people

Supporters of the private-citizen commission - including Gov. Arnold Schwarzenegger - say the prior system led to legislative districts that protected incumbents and their parties, and that the commission will ensure the redistricting process is not controlled by the party in power. Another potential initiative for the November ballot would actually expand the commission's power to include congressional boundaries. Currently, the commission will only draw the lines for the state legislative and Board of Equalization districts.

"This is about taking the power away from Sacramento and giving it to the people," said Aaron McLear, the governor's spokesman. "We encourage all Californians to get involved." In the middle of the political back-and-forth is State Auditor Elaine Howle, whose office normally conducts nonpartisan assessments of state activities. But under Prop. 11, Howle's office is charged with collecting applications and creating a three-person panel of state auditors to review the applications and narrow them down to 60 names. Ultimately, eight of the commissioners will be randomly selected by Howle, and they will choose the other six as a group. Five will be Democrats, five Republicans and four will be decline-to-state or from other political parties. Commissioners will serve for 10 years beginning in November, but will conduct most of the work by September 2011.

Drive to recruit applicants

The application process, which opened in November, will close Feb. 12. Howle has traveled the state, reaching out to community groups to encourage diverse citizens to apply.

"It's a whirlwind trying to reach out to all Californians and educate them about the process, its importance and the historic nature of it," she said. "California will have the first truly citizen commission - other states have independent commissions, but they are still political appointees of the governor or Legislature. ... We're trying to get as much diversity as we can in the application pool so the commission will ultimately be diverse as well."

The desire for a commission that reflects the state's diversity prompted Howle to partner with groups such as the National Association of Latino Elected and Appointed Officials (NALEO) and the Asian Pacific American Legal Center. Both organizations opposed Prop. 11 but are now working to educate people in their communities about the importance of applying.

Some of the biggest challenges for these groups are the strict rules about who is eligible to apply, said Rosalind Gold, a senior director of policy at the NALEO Educational Fund. For example:

-- Applicants cannot have switched parties in the past five years and must have voted in two of the last three statewide elections.

-- In the prior 10 years, applicants and their immediate family may not have held public office, been paid by or served a political party, been a registered lobbyist, contributed more than $2,000 to a candidate, or worked for an elected official.

-- Commissioners may not be elected to public office for 10 years following their appointment to the commission. For five years, they cannot be appointed to office, work for a legislator or be a lobbyist.

Outreach working

"What those (rules) mean is that some of the most civically engaged in communities are prevented or deterred from serving," said Gold. "If nine years ago you contributed $2,100 to a campaign of a colleague who was running for the local school board because you thought they would do a good job, you can't apply. Or, if you are currently on a local recreation and park commission, you have to give up that seat for five years."

Gold said that 1 in 3 Californians are Latino - 1 in 5 registered voters - yet fewer than 10 percent of the applicants are Latino.

But Eugene Lee of the Asian Pacific American Legal Center said the outreach is working. He noted that less than a month ago, fewer than 20 percent of the applicants were minorities; now, it's closer to 25 percent.

"It's an uphill battle, but I think there's been some progress made," he said.