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California redistricting means many lawmakers might move

Published: Monday, Oct. 10, 2011 - 12:00 am | Page 1A

For some sitting legislators, preparing to run for re-election in 2012 includes packing up boxes and hunting for a new home.

California's new district lines, drawn for the first time by an independent redistricting commission, have shaken up the political landscape for next year's election. As a result, candidates and incumbents across the state are "diving and dodging" into districts that will give them the best shot at victory, said Paul Mitchell, a Democratic consultant who has tracked the redistricting process.

By Mitchell's count, the maps left at least 60 current elected officials either outside the district they were eyeing or in the same district with a competitor. "It's happening all over the place," he said.

Unlike members of Congress, state legislators are required to reside in the district they represent. That means physically relocating can be part of the equation as candidates scramble to settle on a seat before the nominating period starts next spring.

"After redistricting, Realtors will be among the most popular phone calls placed by legislators," Justin Levitt, an election law expert at Loyola Law School, said of this year's decennial map-drawing.

The Sacramento region is expected to see as many as five incumbent legislators move to run for re-election.

The new lines left Assemblywoman Beth Gaines in her current district, but put her husband, state Sen. Ted Gaines, in the same seat as Sen. Doug LaMalfa, R-Richvale. Now the Roseville couple are considering relocating just a few miles away, to a home in a vacant Senate district, so both can run for re-election and live under the same roof.

GOP Assemblyman Dan Logue moved earlier this year from Linda to Penn Valley. Living and registering to vote there or at a home he owns near Mount Shasta would allow him to avoid a battle with fellow Assemblyman Jim Nielsen, R-Gerber.

Democratic Assemblymen Roger Dickinson and Richard Pan, both of Sacramento, were left jockeying for the city's main seat when their homes were drawn into the same district. Dickinson rolled out leadership endorsements for his plan to run from his current perch last week, leaving Pan to choose between running against his fellow Democrat or moving to run in one of two nearby districts.

Both those seats are also being eyed by Democratic Assemblywoman Alyson Huber, whose current home in El Dorado Hills is now in GOP-friendly turf.

Pan said he's committed to running for a second term, but has yet to decide where.

"We're not a big-enough region for that, for our elected officials to spend a lot of time infighting," Pan said, adding that quality representation for the region is his priority.

Pan would have to leave the district he currently represents before his term ends to run in an open seat. But because the Legislature determines the eligibility of its members, such moves are unlikely to be challenged.

Politics isn't the only consideration for Pan, whose family has lived in Natomas for 11 years. They own a house there and a dental practice run by his wife. One of his children attends kindergarten at a community school.

"It would be easy for me to say I'm going to be impatient and just declare something, but there are a lot of factors that we are working through," Pan said.

Moving into a district to seek office can open up candidates' to criticism they are "district shopping," drawing "carpetbagger" attacks from opponents. Candidates who move to run often stress ties to the district, such as business, family or a childhood home, to show voters they understand the area.

But residency questions often are secondary to party affiliation and issues in voters' minds. Political experts say voters won't be fazed if lawmakers relocate due to redistricting.

"Districts do change, and people move," said Robert Stern, president of the nonprofit Center for Governmental Studies, adding: "We're a mobile society and the issues really don't change just because you move a few blocks."

Still, some say the flurry of moves undermines the intent of the voter-approved decision to shift map drawing duties away from the Legislature, which typically protected incumbents.

"The fact that lawmakers or would-be lawmakers are moving around certainly doesn't support the purpose of putting redistricting in the hands of an independent commission," said Jessica Levinson, a redistricting expert and professor at Loyola Law School.

A more immediate concern for candidates considering a move is complying with state law and the election calendar.

The Election Code requires that a candidate be eligible to vote in a district when they pull papers in order to run. And California's Constitution states that legislators must have lived in a district for at least one year to be eligible to serve.

That test hasn't been enforced in decades. But charges filed last year against Sen. Rod Wright, D-Inglewood, alleging that he lied about his residence as a candidate for Senate, brought renewed attention to residency issues. The case is pending in Los Angeles.

"Long gone are the days where there would be a wink and a nod," said attorney Bradley Hertz, past president of the California Political Attorneys Association, adding that the Wright case shows that local "district attorney public integrity divisions take this very seriously."

Hertz said he would "advise clients not to play games when it comes to their residency," moving not only their voter registration, but their belongings, bills and family to their new address.

"Certainly if you are saying under penalty of perjury on your campaign filing documents and your voter registration that that's where you live, then that's where you should really live," he said.

Efforts to repeal state Senate lines on the ballot or in the courts mean those approved in August could still change. But experts say candidates should act soon to establish residency – and credibility with voters – in the districts they intend to seek.

"While practically it may be up to question," Levitt said, "the only safe legal course is to make sure you are well within the district you plan to represent within a year of Election Day."

© Copyright The Sacramento Bee. All rights reserved.


Call Torey Van Oot, Bee Capitol Bureau, (916) 326-5544.

Read more articles by Torey Van Oot



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