CASE SUMMARY

On November 30, 2021 a group of California voters filed a petition with the California Supreme Court challenging several of the California Citizens Redistricting Commission's actions taken during the redistricting process as violating various California constitutional and statutory redistricting provisions involving transparency and public input. Specifically, the petitioners alleged the commissioners had held closed door meetings with interested parties without notifying the public despite discussing matters pertaining to redistricting. Next, they alleged the commissioners purposefully did not disclose the records and underlying materials from those meetings, including "secret" statistical analyses of voting patterns and demographics used when drawing districts, for the purpose of avoiding public scrutiny and criticism. Finally, the petitioners challenged the Commission's retention as counsel the law firm which had represented the California Legislature and various candidates and PACs affiliated with the Democratic Party. The petitioners asserted these actions violated the transparency, public input, fairness, open meetings, and open records provisions of California Constitution Article XXI, § 2 and California Government Code § 8253. They sought a preemptory writ of prohibition and a writ of mandate prohibiting the Commission from meeting or communicating with outside parties to discuss redistricting matters outside of public meetings, compelling the Commission to disclose all secret meetings and underlying materials withheld from the public, and requiring the termination of their counsel.

On December 15, 2021 the California Supreme Court denied the petition.

CASE LIBRARY

California Supreme Court - No. S272036

• Emergency Petition for Writs of Prohibition and Mandate or Other Extraordinary or Immediate Relief for a Stay on Secret Meetings of the Citizens Redistricting Commission, Disclosure of Information Influencing Redistricting, and Retaining New Counsel - 11/30/21
• Declaration of Counsel in Support of Emergency Petition for Writs of Prohibition and Mandate or Other Extraordinary Relief; Memorandum of Points and Authorities; Declarations of Petitioners Moreno, Badie, Zhou Conroy, Bialosky, and Bland - 11/30/21