Assemblyman Carl DeMaio. (Photo: carldemaio.com)
Assemblyman DeMaio: Newsom’s Scheme to Redraw Maps is ‘Illegal, Unconstitutional, Unnecessary’
‘All of this is already being penciled-in in backroom meetings controlled by Gavin Newsom and his cronies’
By Megan Barth, August 14, 2025 12:26 pm
California Assemblyman Carl DeMaio (R-San Diego) has written a letter to the Office of Legislative Counsel (below) that outlines the numerous legal and constitutional violations of Governor Gavin Newsom’s attempt to redraw California’s legislative district maps.
Newsom seeks political retribution against President Trump and Texas Governor Greg Abbott by eliminating five out of nine Republican districts to “save democracy.”
During a proposed special election in November, state Democrats will introduce a ballot initiative to abolish the Citizen’s Redistricting Commission established by voters to end gerrymandering in 2008. This initiative is expected to cost California taxpayers $200M.
On X (formerly Twitter), DeMaio further charges that Newsom’s redistricting scheme is “Illegal. Unconstitutional. Unnecessary.”
In his letter, DeMaio cites three violations to state law and the constitution:
Violation 1: Federal Law, State Case Law and State Constitution Prohibit Against Mid-Cycle
Redistricting The state constitution prohibits the state from taking any redistricting action mid-cycle that is not consistent with the clear timeline established by voters in the citizens’ initiative in 2010.
Violation 2: State Constitution Prohibits Any Action by the Legislature from being involved in any map creation or adoption. Instead, the state constitution vest this authority solely with the Independent Citizens’ Redistricting Commission.
Violation 3: State Constitution Prohibits Partisan Gerrymandering Gov. Gavin Newsom and numerous state legislators have now publicly admitted they have engaged in unconstitutional actions by crafting redistricting maps with the sole goal of “eliminating five Republican-held Congressional seats.”
Voter registration data shows that California is 38 percent Republican, yet the maps approved after the 2020 census provided Republicans with only 20.9 percent representation. Currently, Republicans hold only 9 out of 52 seats. A fair map would give Republicans 20 districts, but Newsom’s scheme, if approved, would establish only four Republican districts.
Former California state senate Democrat leader, Gloria Romero told Fox News, “California legislature is on vacation, summer recess… they come back on Monday and then within five days, suddenly they are supposed to produce maps? Within five days… no public hearing, no visibility, and they will suddenly produce maps? All of this is already being penciled-in in backroom meetings controlled by Gavin Newsom and his cronies.”
The California Legislature will reconvene on Monday, August 18 and has until August 22nd to produce the maps and call for a special election.
Re: Request for Legal Opinion on Mid-Cycle Redistricting - AD75 | DeMaio
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May I Add: Article I Section 26: “The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.” Article II section 4 “The Legislature shall prohibit improper practices that affect elections …”; Article IV Section 1.5: “The people find and declare that the Founding Fathers established a system of representative government based upon free, fair, and competitive elections.”; Article XXI Section 2 (e): ” . . . Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.” Section 3 (b) (1) “The California Supreme Court has original and exclusive jurisdiction in all proceedings in which a certified final map is challenged . . .” (b)(3) “If the court determines that a final certified map violates this Constitution, the United States Constitution, or any federal or state statute, the court shall fashion the relief that it deems appropriate,. . .” These provisions together prohibit the Newsom challenge to the executed decision of the Redistricting commission.
I am happy to see this filing!
If this election becomes reality then we should get signatures collected to recall Newsom on November 4th as well! He is a walking liability to this state!
He wants to gerrymander a state that is already gerrymandered!!
I guess the Dems must be bleeding voters at this point. They have either self deported or moved to Texas and Florida.
#recallnewsom
Hi,
a little info for you:
there is presently a newsom recall petition gathering signatures, go sign.