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Race- and sex-based commission selection violates Proposition 209
Connerly v. State of California
Contact: Meriem L. Hubbard
Status: Adverse ruling issued by the trial court. Judgment entered on Mar. 8, 2013. Preparing appeal to the California Third District Appellate Court.
The California Citizens Redistricting Commission is tasked with drawing California’s Congressional, Assembly, Senate, and Board of Equalization Electoral Districts. The 14 Commissioners are chosen pursuant to Government Code § 8252. Under Section 8252, the first eight Commission members are appointed by random selection from a pool of qualified applicants. These eight appointees in turn select the final six Commission members pursuant to the mandates of Section 8252(g). Section 8252(g) requires that race, ethnicity, and sex be considered in the selection process in violation of Article I, Section 31 of the California Constitution (Proposition 209), which prohibits the use of race, ethnicity, and sex in public education, public employment, and public contracting.
Representing Ward Connerly, and American Civil Rights Foundation, PLF attorneys are bringing a facial challenge to Section 8252(g)’s requirements regarding the use of race, ethnicity, and sex in selecting commission members.