Westminster City Council
SUBJECT
Title
Consider Adopting a Resolution Opposing California Proposition 50 Regarding Congressional Redistricting.
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From: Scott Porter, City Attorney
Requested by: Council Member Amy Phan West, District 1
Prepared by*: Scott Porter, City Attorney
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
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RECOMMENDED ACTION
Recommendation
Consider adoption of a Resolution entitled, "A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, OPPOSING CALIFORNIA PROPOSITION 50 REGARDING CONGRESSIONAL REDISTRICTING."
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BACKGROUND
At the August 27, 2025 meeting, the City Council voted 4-1 (Vice Mayor Manzo voted 'no') to approve a motion made by District 1 Councilwoman Amy Phan West, seconded by District 4 Council Member Namquan Nguyen, to place this item on the agenda for consideration.
By way of background, "redistricting" is the process by which the boundaries of districts of a governmental body are adjusted. Redistricting generally occurs at the beginning of each decade following the decennial federal census, when new district lines are adopted based on the census data so that the populations of each district of a governmental body are roughly equal.
The California Legislature last redrew the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization (BOE) districts in 2001 based on the results of the 2000 census. Those district lines were finalized and approved in September 2001.
In 2008, California voters approved Proposition 11, which created the Citizens Redistricting Commission (CRC) and gave it the responsibility for drawing district lines for the state Senate, Assembly, and the BOE. It also changed the criteria used when drawing those lines. In 2010, voters approved Proposition 20, which expanded the CRC's duties to include drawing California's congressional districts, and made additional changes to the procedures and criteria to be used by the CRC. The passage of Propositions 11 and 20 meant that the California Legislature did not play a direct role in adopting district boundaries for congressional, legislative, and BOE districts following the 2010 and 2020 federal censuses.
Under current law, the districts drawn by the CRC after the 2020 census are scheduled to remain in place until the CRC adopts new maps following the 2030 census. Those new districts would take effect for regularly scheduled elections in 2032 and beyond.
However, on August 21, 2025, the California Legislature, by approving Assembly Constitutional Amendment Number 8 (ACA 8), proposed to add Section 4 to Article XXI of the California Constitution. The measure will go before the voters as Proposition 50.
If this proposed Constitutional Amendment is approved by voters, California could use different districts for its congressional elections as soon as the 2026 statewide elections. Those district boundaries are provided for in AB 604 (Aguiar-Curry and Lena Gonzalez) of the current legislative session.
As noted above, redistricting normally takes place once a decade, following the federal census. After new maps are adopted, they may be challenged in court. Aside from court-ordered redistricting efforts in response to such challenges, it has historically been rare for jurisdictions to undertake major redistricting before the next decennial census.
On July 9, 2025, Texas Governor Greg Abbott called a special session of the Texas Legislature to begin on July 21. One of the topics for that session was "[l]egislation that provides a revised congressional redistricting plan." Press reports indicate that this topic was added after aides to President Donald Trump urged Texas to redraw its congressional map, following allegations from the United States Justice Department that the existing map could be illegal. President Trump was later quoted as saying that Republicans were "entitled to five more seats" in Texas.
Following Texas' push for mid-decade redistricting, press reports suggest that leaders in several other states, in addition to California, are considering mid-decade congressional redistricting in time for the 2026 elections, including Florida, Illinois, Indiana, Maryland, Missouri, Nebraska, and South Carolina.
As a constitutional amendment, this measure requires the approval of the voters to take effect.
In opposition to the California Legislature's consideration of ACA 8 on August 21, 2025, California Business Roundtable and CalTax wrote:
"California should lead the nation by continuing to defend voter-enacted reforms that created fair, transparent, citizen-led redistricting. For more than a decade, California's independent redistricting system has been the national gold standard. Created by voters through Proposition 11 in 2008, expanded through Proposition 20 in 2010, and protected against repeal through the defeat of Proposition 27 that same year, our model has been tested at the ballot box multiple times-and each time, voters have chosen non-partisan citizen-led fairness over partisan and self-interested politics ... Any changes to voter-enacted constitutional provisions must undergo rigorous analysis, transparent vetting, and a genuine public-participation process. Yet ACA 8, AB 604, and SB 280 were made public only hours ago and [had] their first hearings set for 9:30 a.m. on Tuesday, August 19-less than 24 hours later...This is not a robust public discussion and silences the views of countless constituents who are directly impacted by these new maps. To label this timeline or process robust and with meaningful public input is to deny voters the deliberation and participation they are owed. Rushing a constitutional change is incompatible with responsible governance."
FISCAL IMPACT
There is no fiscal impact associated with this item.
LEGAL REVIEW
The City Attorney's Office has reviewed as to form.
CONCLUSION
The City Council has the policy choice of whether to adopt a resolution expressing its opinion as to the merits of Proposition 50. The attached resolution provides language for the City Council to oppose Proposition 50 as requested by Councilwoman Phan West to consider.
ATTACHMENTS
1. Draft Resolution
2. Text of Assembly Constitutional Amendment No. 8 (Proposition 50)
REVIEWED BY
Erin Backs, Finance Director
City Attorney's Office
Christine Cordon, City Manager