Demaio Alleges Illegal Conduct by Governor and State Legislators and Cites 3 Violations of State Constitution that Prevent Next Week’s Vote on Partisan Redistricting Map
CA State Assemblymember Carl DeMaio is accusing Governor Gavin Newsom and a group of state legislators of engaging in illegal conduct for trying to manipulate their own election districts for partisan purposes – and says a planned vote next week in the state legislature should be cancelled for violating three provisions in the State Constitution.
“By concocting their partisan redistricting scheme, Gavin Newsom and state politicians are clearly guilty of violating the oath they took to uphold the state constitution – and they are in open violation of the law,” DeMaio says.
“Any vote next week in the state legislature on this corrupt redistricting scheme would be both unlawful and unconstitutional,” DeMaio says.
Newsom and state Democrat legislators are planning to vote next week on a plan to call a special election to nullify the nonpartisan Citizens’ Independent Redistricting Commission process and instead give politicians back the power to manipulate the lines of election districts mid-cycle in a partisan way.
In a letter his office sent today to the Office of Legislative Counsel, DeMaio outlined multiple violations of the state constitution and federal and state laws. DeMaio is requesting an “immediate” legal opinion and urging the legislative counsel to advise legislators to stand down on the redistricting effort.
Among the violations cited by DeMaio:
Violation 1: Federal Law, State Case Law, and State Constitution Prohibit Against Mid-Cycle Redistricting
The state constitution prohibits the state from taking any redistricting action mid-cycle that is not consistent with the clear timeline established by voters in the citizens’ initiative in 2010. Additionally, federal law does not permit a mid-cycle redistricting process by a state absent some direction from federal courts or federal agencies with proper jurisdiction.
Violation 2: State Constitution Prohibits Any Action by the Legislature
The state constitution prohibits the state legislature from being involved in any map creation or map adoption. Instead, the state constitution vests this authority solely with the Independent Citizens’ Redistricting Commission. The state constitution also prohibits the Governor from calling a Special Election at this time with proposed maps. Under Article 21, Section 2 item (i), the only time redistricting maps should be presented to voters is when they are “subject to referendum pursuant to Section 9 of Article II.”
Violation 3: State Constitution Prohibits Partisan Gerrymandering
Article 21- Section 2 item (e) of the state constitution reads: “Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.” DeMaio says Newsom and state legislators have now publicly admitted they have engaged in illegal activity by crafting redistricting maps with the sole goal of “eliminating five Republican-held Congressional seats.” DeMaio says this amounts to a violation of their oath of office to uphold the Constitution.
A Citizens’ Initiative – Not a Legislative Act – Is Now Required to Amend Article 21
In his letter, DeMaio makes the case that the legislature has no power currently under the entirety of Article 21 of the state constitution to take any action to advance legislation or engage in any behavior that is in any way inconsistent with it – not only in terms of proposed maps, but also in terms of proposing a constitutional amendment.
“Put simply, the acts of proposing a constitutional amendment, crafting maps, and placing all of these items before voters in a special election cannot be executed without a violation of the existing provisions of the constitution,” DeMaio writes.
“The only proper mechanism at this point for considering changes in Article 21 would be through a citizens’ initiative,” DeMaio concludes.
While DeMaio awaits a response from legislative counsel, he says he is consulting with outside counsel on next steps in the courts should the Governor and state legislature not back down.
READ DEMAIO LEGAL MEMO ON REDISTRICTING:
https://ad75.asmrc.org/2025/08/11/re-request-for-legal-opini…