California Democratic leaders are preparing to put a measure before voters that would temporarily suspend congressional redistricting maps drawn by an independent commission for the rest of the decade as retaliation for Texas (or other Republican) states engaging in their own Republican gerrymanders. We’ve been told that the law would be written with a trigger, so that if California approves it, the measure would only kick in as a tit-for-tat against a Republican gerrymander in Texas or elsewhere.
Yet this released bill, which is perhaps still a work in progress, would seem to kick in if any state does any mid-decade redistricting, even if that’s another Democratic state going a gerrymander. (There’s an exception for court ordered redistricting and a special rule for Ohio that is already slated to redraw their maps). Here’s the relevant text of the trigger:
(b) Notwithstanding any other provision of this Constitution or existing law, the single-member districts for Congress reflected in Assembly Bill 604 of the 2025–26 Regular Session shall temporarily be used for every congressional election for a term of office commencing on or after the date this subdivision becomes operative and before the certification of new congressional boundary lines drawn by the Citizens Redistricting Commission pursuant to subdivision (e).
(c) (1) Subdivision (b) shall become operative only if Texas, Florida, or another state adopts a new congressional district map that takes effect after August 1, 2025, and before January 1, 2031, and such redistricting is not required by a federal court order.
(2) The condition described in paragraph (1) shall include a new congressional district map adopted by the State of Ohio only if the map is adopted pursuant to division (F)(3) of Section 1 of Article XIX of the Ohio Constitution.
Now maybe this is just a drafting glitch and it will be fixed before it goes to the voters. But one could easily see a Democratic-dominated state such as Illinois or Maryland tweak their maps JUST to trigger the California re-redistrict. It could also be triggered if a state voluntarily makes changes in light of Supreme Court rulings on the Voting Rights Act or otherwise.
Stay tuned.