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Redistricting experts to Sacramento: You can go it alone

Redistricting experts to Sacramento: You can go it alone

Politico2 days ago
DRIVING THE DAY: Former Vice President Kamala Harris announced today she won't run to succeed Gov. Gavin Newsom, ending months of speculation about her 2026 plans, our Melanie Mason reports.
Harris' decision leaves her open to pursue the presidency again in 2028. It also galvanizes the long-frozen campaigns of California gubernatorial candidates, whose race is now wide open.
'For now, my leadership — and public service — will not be in elected office,' Harris said in a statement. 'I look forward to getting back out and listening to the American people, helping elect Democrats across the nation who will fight fearlessly, and sharing more details in the months ahead about my own plans.'
Newsom, another possible 2028 presidential contender, shared an X post saying Harris has 'courageously served our state and country for her entire career.'
'Grateful for her service and friendship — and looking forward to continuing the fight in whatever the future might hold for her,' the governor said.
GERRYMANDERING 101: Call it the Fleetwood Mac option: California lawmakers could go their own way on a Democratic gerrymandering bid.
Redistricting experts have been briefing elections committee staff in the Legislature on a redraw strategy that would enlarge Democrats' House margin without voter approval, Playbook has learned. That would avert an expensive and uncertain special election — saving Newsom and allies money for other ballot battles — but it would push Democratic lawmakers into uncharted legal terrain.
Voters bequeathed California its independent House redistricting commission in 2010, and because only voters can substantially amend ballot initiatives once they've passed, they may need to sign off on Newsom's plan to redraw a few California House Republicans into oblivion.
Or they may not.
Newsom has argued there's another option: simply having the Legislature craft new maps. He's noted that California's constitution is silent on mid-decade redistricting (as opposed to the once-a-decade commission process linked to the Census). Now UCLA Voting Rights Project experts are bolstering that argument to the Legislature.
Their legal analysis, shared exclusively with POLITICO after it was presented to legislative staffers this week, argues the Legislature 'has the legal constitutional authority to draw new districts today' if it deems it 'appropriate' — as Newsom and other Democrats have argued.
None of this means the Legislature will decide to circumvent voters. Attorney General Rob Bonta suggested yesterday that the cleanest route would be lawmakers putting a new map on the ballot. That would give Democrats political cover and help inoculate them from the legal challenge that would inevitably follow if the Legislature simply goes it alone — a path that could end in an embarrassing court rebuke.
On the other hand, going to voters could end in an embarrassing (and costly) political rejection. Assuming Texas presses ahead with its gerrymander and California responds in kind, would Democrats roll their dice on a legal theory or take their chances with voters? Stay tuned.
IT'S WEDNESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to lholden@politico.com.
WHAT YOU NEED TO KNOW TODAY
HOUSING HICCUP: Newsom's office confirmed today that he's expecting to roll back a state housing law for areas damaged by the January wildfires that tore through Los Angeles County, potentially blocking developers from using the law to increase density in single-family neighborhoods.
The move comes after Los Angeles Mayor Karen Bass and other city leaders have implored Newsom to block denser development, warning it could complicate fire evacuations and strain local infrastructure in the ravaged Pacific Palisades neighborhood. Conservative media influencers have seized on residents' fears that more duplexes could add to traffic snarls.
'I can confirm the governor will issue an executive order today providing local governments in high severity burn areas with discretion to limit SB 9 development,' said Tara Gallegos, a spokesperson for Newsom, in a statement. 'Stay tuned.'
The law in question, SB 9, was passed in 2021 as part of an effort to ease the state's housing shortage by requiring cities to allow duplexes or lot splits on land zoned for single-family homes. Under Newsom's order, those projects could be temporarily halted in parts of LA, Altadena and Malibu, where thousands of homes were destroyed. — Dustin Gardiner
IN OTHER NEWS
JUSTICE POLITICS: California Sens. Alex Padilla and Adam Schiff condemned the Trump administration's back-door move to give Bill Essayli 210 more days as acting U.S. attorney for the Central District of California just as his interim appointment was set to expire.
The administration has used the same maneuver — prolonging the tenure of his picks through acting U.S. attorney appointments — in New York, New Jersey and Nevada.
'The Trump Administration is again hijacking the U.S. Attorney appointment process in order to keep Bill Essayli in power without Senate confirmation votes,' Padilla and Schiff said in a joint statement today. 'One look at Essayli's record shows you why President Trump is worried about formally nominating him and instead, is choosing to circumvent the law and the Senate's power of advice and consent.'
The Los Angeles Times reported last week that Essayli has struggled to secure indictments against people who were arrested during demonstrations prompted by ICE raids across Los Angeles County.
Though Essayli has not been formally nominated by the president, it's not a stretch to say that Padilla and Schiff would likely oppose the firebrand Republican's nomination through a 'blue slip.' The Senate Judiciary Committee tradition dating back to 1917, which defers to home-state senators on such matters, would likely prevent Essayli's nomination from even being considered.
On Tuesday, however, Trump pushed the committee's chair — Sen. Chuck Grassley (R-Iowa) — to essentially ignore any such objections and allow his nominations to be considered.
'He should do this, IMMEDIATELY, and not let the Democrats laugh at him and the Republican Party for being weak and ineffective,' Trump wrote on Truth Social. 'The Democrats have broken this ridiculous custom on us, it's time that we break it on them.'
Grassley later said he was 'offended' by the president's comments. — Nicole Norman
WAVE WATCH: Coastal California escaped mostly unscathed from tsunami threats after a large earthquake off the Russian coast on Tuesday night spurred warnings and advisories.
The National Weather Service this morning lifted its advisory for the Los Angeles coast, although Bass said city departments will be monitoring the situation throughout the day as dangerous currents persist.
The San Francisco Chronicle reported Crescent City on the state's far North Coast was hit the hardest, with waves hitting eight feet early this morning.
The tsunami also created an opportunity for the Trump administration to take another dig at Newsom over a natural disaster. Department of Homeland Security Secretary Kristi Noem told the Associated Press she had been unable to reach him during the response.
A Newsom spokesperson refuted this to the Chronicle, saying the governor had no record of a call or text from the secretary.
WHAT WE'RE READING TODAY
— Prominent UCSF oncologist and Trump critic Dr. Vinay Prasad resigned from his senior post at the FDA. (San Francisco Chronicle)
— A tally of the plans by the more commonly known Silicon Valley startups shows they're spending $4 billion collectively over the next few years as dozens of industrial companies in the region are betting on the advancement of defense manufacturing. (Bloomberg)
— Court records show that federal authorities are using information the Los Angeles Police Department sends to national databases to find new targets. (Los Angeles Times)
AROUND THE STATE
— The San Diego City Council voted to turn an unusable office tower into rent-restricted apartments for low-income families. (San Diego Union-Tribune)
— The Sacramento City Council approved a change that will take effect next month banning people from sitting or laying down on the ground outside City Hall. (Sacramento Bee)
— compiled by Juliann Ventura
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