Proposition 77, Gov. Arnold Schwarzenegger’s attempt to strip
the California Legislature of the powerful job of drawing
legislative and congressional districts, was handily defeated by
San Benito County voters, and appeared headed for defeat statewide
Tuesday night with half the state’s precincts reporting.
Hollister – Proposition 77, Gov. Arnold Schwarzenegger’s attempt to strip the California Legislature of the powerful job of drawing legislative and congressional districts, was handily defeated by San Benito County voters, and appeared headed for defeat statewide Tuesday night with half the state’s precincts reporting.

The proposition was one of four measures on a special election ballot that Schwarzenegger campaigned for. It would have amended the state constitution to give redistricting duties to a panel of retired judges and require them to try to draw new lines in time for next year’s June primary.

With almost 50 percent of precincts reporting, the proposition trailed by 12 percentage points – 57 percent to 43 percent or 2.1 million to nearly 1.6 million votes – the same margin it had faced through most of the count.

In San Benito County, the measure was defeated 61 percent to 39 percent.

San Benito County Democratic Central Committee Chairwoman Jeanie Wallace was happy to hear that Proposition 77 was trailing late Tuesday night.

“I think it’s good news for California,” she said. “I think a lot of people were unhappy with how the legislative districts were drawn after the 2000 census, but it’s not true that any fix is a solution.”

Wallace said she thought the likely defeat of Proposition 77 is a sign that voters don’t trust the governor.

“It looks like another part of a grab for power,” she said. “It’s a desperate push to get districts redrawn for the June primary, the people saw through that.”

Though early returns didn’t look good for Proposition 77, Jennifer Zapata, San Benito County Republican Central Committee chairwoman, said it was still too early to call it a loss.

“On a positive note, I have to say its too early to tell,” she said. “Even if it doesn’t pass, we have to say that both Democrats and Republicans acknowledged the need for redistricting.”

Zapata said that, even if Proposition 77 fails, she hopes legislators will work with the governor to find a different way to redistrict.

“I think it can be brought back to the table,” she said.

Hollister resident Ricardo Rodriguez said he voted no on Prop. 77 because he thought that a panel of retired judges would not be as accountable as state legislators, who currently adjust voting districts in the state.

“I don’t feel that a panel of judges should decide the fate of districts,” he said.

Local Patrick Bielejeu, one of the minority that favored the proposition, said he voted yes on Proposition 77 because he thought that legislators should spend their time doing the will of the people, rather than worrying about adjusting voting districts. Voting yes on Proposition 77 was a vote against the status quo, he said.

“I don’t believe in politics as usual,” he said. “(Voting) yes on 77 is against politics a usual.”

State Senator Jeff Denham, R-Merced, had hoped Prop 77 would pass, saying that it would take power out of the hands of partisan legislators and put it in the hands of nonpartisan judges. He said he was disappointed by Tuesday’s election results, claiming misinformation as a reason voters rejected the proposition. He also said it was a complicated issue.

“It’s a very technical issue,” he said. “Anytime a proposition deals with technical issues it takes a great deal of resources to fully explain.”

Denham said he hopes redistricting reform will be on the state Legislature’s agenda when it reconvenes in January.

“It’s something that should have been addressed in the Legislature and it should be addressed in the legislature.”

Assemblyman Simon Salinas, D-Salinas, who may run for Denham’s Senate seat next year, said that he supports redistricting reform, but was pleased that voters rejected Proposition 77. He opposed the proposition for several reasons, including concerns that a panel of judges that is not accountable to voters would be partisan.

“Giving it to a panel of three judges is not the way to do it,” he said. “I think we go back to the drawing board … to find a bipartisan, fair way to redistrict.”

The Republican governor and other supporters said the proposition would end the conflict of interest created by having legislators design their own districts and make lawmakers more accountable to voters. Schwarzenegger said he wanted to create competition and often pointed to the November 2004 election, when none of the 173 state legislative and congressional seats on the ballot changed party hands.

Arthur Yudelson, 49, a student and registered Democrat, supported Schwarzenegger’s attempt to change that, saying Proposition 77 was the only measure he voted for in Tuesday’s election.

“I’m tired of the fact that the Legislature isn’t doing a good job,” he said. “I don’t expect the redistricting to happen without an initiative because they are not going to give up. They are not willing to talk with Schwarzenegger.”

Democrats, who dominate both houses of the Legislature, labeled the proposal a Republican power grab along the same lines as the mid-decade redistricting engineered by Rep. Tom DeLay that cost Democrats four congressional seats in Texas.

But Proposition 77 also drew opposition from some Republican congressmen fearful that a mid-decade shakeup could cost them seats.

Critics also contended that retired judges wouldn’t be representative of the state’s diverse population, that new redistricting maps could shortchange minority groups and that it would be nearly impossible to draw new lines for the June election.

A mid-decade change also would force the panel of judges to work with outdated, six-year-old census figures, opponents complained.

Supporters used television ads featuring Arizona Sen. John McCain and an elderly, cane-wielding actress critical of the Legislature to promote the measure. Opponents countered with ads featuring retired Judge Joseph Wapner, former star of the television series “The People’s Court,” and a trio of actors portraying retired judges who cut up a California map to resemble Texas.

Lawmakers normally redraw districts every 10 years to reflect population changes uncovered by a new national census.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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