Over the weekend, Markos of DailyKos, pondering his California absentee ballot, posed a very pertinent question: why shouldn’t he vote for Proposition 77, Arnold Schwarzenneger’s redistricting reform initiative? Yes, he suggests, it might have a short-term negative impact on Democratic margins in the congressional delegation and the state legislature, but if it contributes to a national redistricting reform movement, it’s likely to help Democrats nationally, particularly if Democratic-backed reform initiatives in Ohio (this year) and Florida (next year) succeed as well.I can’t answer Markos’ question definitively, but do want to draw attention to peculiarities of the California initiative that make it different from those in the other states. I’ve written about this subject extensively here and here (note that the first piece was written before the Ohio initiative got underway, while the second was written before the California initiative overcame a judicial challenge), so I’ll just hit the high points.Prop 77 relies heavily on the assumption that nonpartisan redistricting is (a) feasible, and (b) will produce a more balanced map. Both these assumptions are very questionable. But that’s why the initiative focuses so heavily on who draws the maps, rather than what criteria they use. The Ohio initiative (and for that matter, the Florida initiative that’s now in a legal limbo) requires use of partisan voter registration and performance data to create an overall redistricting plan that maximizes both competitive districts and statewide partisan fairness, while the California initiative prohibits use of such data and does not make competitiveness or partisan fairness criteria at all. The one state that has successfully applied this take-the-politics-out approach to redistricting is Iowa, but Iowa, with its relatively homogenous population, stable partisan balance, and strong “good government” tradition, is not California, by a long shot. So in the end, Prop 77 is pretty much a leap into the unknown. Thus, for Democrats in particular, the decision on Prop 77 is pretty much a matter of how you feel about the current map and the system that created it. But there’s one major piece of misinformation circulating (it’s very visible in the comment thread after Markos’ post) that needs to be refuted: the idea that the current map is a standard-brand partisan gerrymander that maximized Democratic seats. Not so. For both the congressional delegation and the state legislature, the Democratic leadership pursued an incumbent-protection strategy that all but eliminated competitive districts. Yes, it created a floor under Democratic majorities, but also created a ceiling. In effect, the map traded potential opportunities to win new Democratic seats for the assurance that incumbents wouldn’t have to worry about general elections. (Another motive, according to everybody I’ve talked to, was to enable primary challenges to centrist Democrats in the state legislature, many of which succeeded). California’s situation is in sharp contrast to that of Ohio and Florida, where the reigning Republicans did indeed focus on partisan advantage to the exclusion of virtually every other factor.In other words, the Democratic advantage in California’s congressional delegation and state legislature is the product of an unavoidable Democratic advantage among voters, not of Democratic control of redistricting. And there’s no particular reason to believe the system established by Prop 77 would change that reality. The bottom line for me is that I don’t like the system set out in Prop 77, but I also don’t think partisanship is a good reason for opposing it, particularly since the current map is so egregiously aimed at eliminating competition altogether. I hope this analysis helps Markos and other California Dems make their decision. All redistricting reforms are not created equal; nor is the status quo in Democratic and Republican-controlled states the same. It’s entirely possible to oppose Prop 77 while supporting the initiatives in Ohio and Florida on substantive grounds, but not because California’s current system is particularly good for Democrats, or for democracy.
TDS Strategy Memos
Latest Research from:
Editor’s Corner
By Ed Kilgore
-
April 18: Democrats Can Talk Tariffs and Foreign Dungeons At the Same Time
There’s a mini-debate among Democrats at the moment over the propriety of fighting against the deportation and imprisonment of Kilmar Abrego Garcia when other issues beckon, and I made my own thoughts known at New York:
As the story of the abduction, deportation, and detention of Kilmar Abrego Garcia plays out in El Salvador and U.S. federal courts, the politics of the situation are roiling many waters. For the most part, Republicans are following President Trump’s lead in wallowing in the misery of Abrego Garcia and other deportees; exploiting unrelated “angel moms” and other symbols of random undocumented-immigrant crimes; and blasting Democrats for their misplaced sympathy for the “wrong people.” Even as Team Trump risks a constitutional crisis by evading judicial orders to grant due process to the people ICE is snatching off the streets, it seems confident that public backing for the administration’s mass-deportation program and “border security” initiatives generally will make this a winning issue for the GOP.
For their part, Democrats aren’t as united politically on the salience of this dispute, even though virtually all of them object in principle to Trump’s lawless conduct. Most notably, California governor and likely 2028 presidential contender Gavin Newsom warned against dwelling on it, as The Bulwark reported:
“Asked to comment on the ongoing standoff between Trump, El Salvador, and the U.S. judicial system, Newsom scoffed. ‘You know, this is the distraction of the day,’ he said. ‘This is the debate they want. This is their 80-20 issue, as they’ve described it …’
“’Those that believe in the rule of law are defending it. But it’s a tough case, because people are really — are they defending MS-13? Are they defending, you know, someone who’s out of sight, out of mind in El Salvador? … It’s exactly the debate [Republicans] want, because they don’t want this debate on the tariffs. They don’t want to be accountable to markets today … They want to have this conversation. Don’t get distracted by distractions. We’re all perfect sheep.’”
Newsom is reflecting an ancient Democratic “populist” prejudice against non-economic messaging, which was revived by the 2024 presidential election, in which warnings about the threat to democracy and to the rule of law posed by Trump were widely adjudged to have failed to sway an electorate focused obsessively on the economy and the cost of living. And it’s true that the Abrego Garcia case arose precisely as Trump made himself highly vulnerable on the economy with his wild tariff schemes.
But the emotions aroused by the administration’s cruelty and arrogance in launching its mass-deportation initiative have struck chords with major elements of the Democratic base, particularly among those attuned to the constitutional issues involved. And it’s not a secret that even though Trump enjoys generally positive approval ratings on his handling of immigration issues, they begin to erode when specifics are polled. It’s also quite likely that whatever the overall numbers show, deportation overreach will hurt Trump and his party precisely in the immigrant-adjacent elements of the electorate in which he made crucial 2024 gains.
Personally, I’ve never been a fan of communications strategies that turn message discipline into message bondage, persuading political gabbers and writers to grind away on a single note and ignore other opportunities and challenges. In the current situation facing Democrats, strategic silence on a volatile issue like immigration (which was arguably one of Kamala Harris’s problems during the 2024 campaign) enables the opposition to fill in the blanks with invidious characterizations. In politics, silence is almost never golden.
Perhaps more to the point, as G. Elliot Morris argues, there are ways to link messages on different issues that reinforce them all:
“One way to focus messaging on both the economy and immigration, for example, might be to show how unchecked executive power is dangerous. After all the most unpopular parts of Trump’s agenda — tariffs and deportations for undocumented migrants who have been here a long time and committed no crimes — are a direct result of executive overreach.
“The power that gives Trump the ability to levy extreme tariffs was given to the president when Congress expected him to be forgiving of tariffs on an individual basis as an act of diplomacy, not to plunge the world economic order into crisis. Similarly, the judiciary has said Trump’s deporting of Abrego Garcia, as well as hundreds of Venezuelans, runs afoul of multiple Court orders.”
Even if you conclude that “unchecked executive power” is too abstract a line of attack for today’s paycheck-focused swing voters, it shouldn’t be that difficult to hit two messages simultaneously, particularly since the message on Trump’s tariffs doesn’t require a whole lot of reiteration from Democrats: Voters can see it in the stock market, and soon enough they will likely see it in the prices they are paying for goods and services.
But the real clincher in persuading Democrats to take the Abrego Garcia case very seriously is this: Anything less than full-throated opposition to the administration’s joyful embrace of Gestapo tactics and un-American policies in deportation cases will undoubtedly dishearten constituents who already fear their elected officials are unprincipled cynics who won’t lift a finger to fight Trump without first convening a focus group of tuned-out swing voters. Politicians don’t have to emulate Senator Chris Van Hollen’s decision to fly down to El Salvador and meet with his imprisoned constituent to recognize that his willingness to do so was impressive and authentic. As he told my colleague Benjamin Hart in an interview earlier this week, “The issue here is protecting the rights of individuals under our Constitution … I do believe this is a place that we need to stand up and fight.” It’s hard to do anything else without shame.