Can Newsom redraw California’s Congressional maps? Here’s what the law actually says
Gov. Gavin Newsom is considering redrawing California’s congressional maps in response to Republican redistricting in Texas. But under California law, such a plan faces major legal and constitutional roadblocks.
As Governor Gavin Newsom ramps up his warnings about a potential mid-cycle redistricting power grab in Texas, speculation is growing about how California might respond. In a recent press conference with Texas Democratic legislators, Newsom hinted that California could “fight fire with fire” by redrawing its own congressional maps to counteract what he calls an “attack on democracy.”
But there’s one major obstacle standing in his way: California law.
Based on the state’s Elections Code and constitutional amendments approved by voters, Newsom cannot legally initiate a mid-decade redistricting plan without significant changes to state law or the Constitution itself. Here’s why.
What the Governor Wants to Do
Governor Newsom is publicly considering a mid-decade redrawing of California’s congressional maps as a retaliatory move if Texas proceeds with Republican-led redistricting before the 2030 census.
Among the options he’s floated:
- Calling a special election to approve new maps,
- Temporarily or permanently repealing the independent redistricting commission’s authority,
- Working with the Legislature to place a constitutional amendment on the ballot.
The goal, Newsom says, is to protect democracy — but the path to doing so is anything but simple.
What the Law Actually Allows
Congressional Redistricting Is Handled by an Independent Commission
In 2008 and 2010, California voters approved two constitutional amendments that created and then expanded the power of the California Citizens Redistricting Commission (CRC). The commission now has exclusive authority to draw:
- Congressional districts
- State Senate and Assembly districts
- Board of Equalization districts
This authority is enshrined in the state Constitution, meaning neither the governor nor the Legislature can unilaterally override it.
Mid-Decade Redistricting Is Prohibited
California’s Elections Code, most recently updated by AB 849 (the FAIR MAPS Act), reflects a clear policy: districts are redrawn once per decade, following the federal census.
While AB 849 applies specifically to city and county districts, the principle it enforces — that redistricting occurs only after a decennial census unless legally compelled otherwise — is consistent with California’s broader redistricting framework.
Unless ordered by a court due to a violation of the Voting Rights Act or another constitutional issue, there is no legal pathway to redraw congressional maps mid-decade under current law.
Only Voters Can Change the Rules
Because the redistricting commission is a constitutional entity, any attempt to bypass or suspend its authority must go through the voters.
That would require:
- A two-thirds vote in the Legislature to place a constitutional amendment on the ballot, or a citizen-led ballot initiative;
- A statewide election (likely special or off-cycle);
- A majority vote from Californians to approve the change.
Even if successful, the timeline and political risk make this a long shot before the 2026 midterms.
Legal and Political Obstacles
| Question | Answer |
|---|---|
| Can Newsom unilaterally order a mid-decade redistricting? | ❌ No. Violates state law and Constitution. |
| Can the Legislature redraw maps now? | ❌ No. Power lies with the independent commission. |
| Can the CRC redraw maps early? | ❌ No. Their authority is tied to the census cycle. |
| Is there any legal path to redraw maps? | ✅ Yes, but only through a constitutional amendment passed by voters. |
| Would a special election to override the commission be legal? | ✅ Yes, if the process is followed—but it’s politically risky. |
Even some Democrats are expressing concern. Assemblymember Alex Lee (D-Milpitas) called the idea dangerous, and good-government watchdogs like Common Cause California warn that the move could undermine public trust in California’s electoral process — especially in a volatile national political climate.
So What Could Newsom Actually Do?
If Texas moves forward with its redistricting, Newsom’s only viable legal option would be to:
- Draft a constitutional amendment,
- Secure a two-thirds vote in the Legislature to place it on the ballot (or collect enough signatures),
- Run a statewide campaign to convince voters to approve the change.
That campaign could seek a temporary suspension of the redistricting commission, limited to congressional districts and perhaps valid only through the 2026 election. Some strategists have floated a "pause until 2031" as a more moderate alternative.
But even this would face legal challenges and voter skepticism.
As Democratic redistricting consultant Paul Mitchell put it, “It’s ‘in emergency, break glass,’ not ‘let’s burn down the whole building.’”
The Bottom Line
Governor Newsom’s desire to respond forcefully to Republican-led redistricting in Texas reflects real national stakes. But under current California law, mid-decade redistricting is not legally allowed, and the state’s independent redistricting commission cannot be bypassed without voter approval.
If California wants to “fight fire with fire,” it will have to go through a fire of its own — in the courts, in the Legislature, and most importantly, at the ballot box.
