As California state lawmakers walked out of the Capitol for summer recess earlier this month, Gov. Gavin Newsom passed them a political hot potato in the form of a mid-decade redistricting proposal to counter a similar effort in Texas.

Newsom told reporters last week, after meeting with Texas Democratic lawmakers, that the California Legislature was “kicking the tires” on potentially drawing up new district maps. He also said his office was considering calling a special election ahead of the 2026 midterms, and would be prepared to write a ballot initiative or go to court if necessary.

But the Legislature’s Democratic members have not formally met to discuss the proposal and opinions vary wildly among caucus members over how and whether to proceed.

Speaker Robert Rivas this week signaled an openness to work on the issue with Newsom.

“Donald Trump wants to be king, and Greg Abbott is happy to play his jester. When Trump can’t win, he changes the rules. This move is an attempt to silence voters who reject MAGA extremism — including here in California, where the people have spoken loud and clear in two national elections,” Rivas said in a statement to The Bee.

“In the Assembly, we’re working with the governor and exploring every option to protect our democracy and ensure our government remains fair, transparent and representative of the people.”

Senate President pro Tem Mike McGuire’s office did not immediately respond to a request for comment.

Differing opinions among the Legislature’s progressive members illustrate the heartburn Democratic lawmakers and voters have over the idea.

“Democrats must stop showing up with Supersoakers and Popsicles to a gun fight,” Assemblymember Corey Jackson, D-Perris, argued on X, adding: “I will support Newsom if we have to go to war.”

But many Democrats are uncomfortable chipping away at the state’s celebrated efforts to make redistricting in California as fair and inclusive as possible, with Common Cause California calling it “a dangerous move” that would destabilize the country during a time of hyper-partisanship. Assemblymember Alex Lee, D-San Jose, who chairs the Progressive Caucus, called the idea “crazy and foolish.”

“The issue is not Democrats and Republicans. The issue is voters and all of us,” Patricia Sinay, a Democratic member of California’s Citizen Redistricting Commission, said Tuesday. “Voters don’t trust their elected officials. This is not going to help that. Not trusting your elected officials hurts our democracy.”

Nothing has been decided yet

Lawmakers have several options: they could pass a law that temporarily delegates redistricting authority back to the Legislature, then approve a new congressional map. They could also place a measure on the ballot — and Newsom could call a special election later this year — that asks voters to sign off on either a new map or shifting line-drawing power back to the Legislature.

Sources close to discussions in both the Senate and Assembly said nothing has been decided yet and likely won’t be until lawmakers return from recess on Aug. 18.

Assemblymember Gail Pellerin, D-Santa Cruz, Chair of the Assembly Committee on Elections, said she hasn’t been in direct contact with the Speaker or other Democratic colleagues about the idea.

“I’m basically reading the news and listening to the radio like everybody else,” she said, adding she’s been hearing “lots of ideas.”

“Californians deserve a level playing field, and we absolutely should fight if this is something that other states are going to be doing, but I’m not sure of the specifics of how that fight’s gonna look.”

Pellerin said, as the former chief elections official in Santa Cruz county, her big concern when she heard about the governor’s proposal was the pressure it would put on those who run elections, considering a special election would take place in the fall, and congressional candidates can file to run beginning December 11.

‘Everything is at stake’

Newsom was the first to say Democrats should respond in kind after President Donald Trump told Texas Republicans earlier this month to find a way to eke out another five seats so the party could hold on to its congressional majority in next year’s midterms. Republican Texas Gov. Greg Abbott called a special legislative session in response to redraw congressional maps.

Newsom, purportedly eyeing a run for president in 2028, has framed redistricting as his party’s Hail Mary attempt to save democracy as Trump continues to consolidate executive power and maintains a steady hold over the Republican Party. Democratic leaders from Govs. JB Pritzker and Kathy Hochul to House Speaker Emerita Nancy Pelosi have said they support redistricting as a strategy to counter Republicans in the midterms. This week, the main PAC supporting House Democrats launched a $20 million fund to counteract Texas redistricting.

House Minority Leader Hakeem Jeffries is expected to appear in California later this week to discuss redistricting. His office did not respond to a request for comment, and Newsom’s campaign person, Nathan Click, said he did not have any information to share.

“Everything is at stake if we’re not successful in taking back the House of Representatives,” Newsom told reporters last week while flanked by Texas State Reps. Ramon Romero, Rafael Anchía, Ana-María Rodríguez Ramos, Jessica González, Barbara Gervin-Hawkins, and Claudia Ordaz. “Of course we want a fair playing field. We want to play the game on the terms where everybody is playing by the same set of rules.”

“That’s no longer the case…The game has changed. (Republicans) don’t even want to play by the same set of rules. In fact, they just want to throw the entire board out. It is a five-alarm fire for democracy in the United States of America.”

California Republicans have been unsurprisingly critical of Newsom’s proposal.

Assembly Minority Leader James Gallagher, R-Yuba City, called it “a shady gerrymander effort” in a post on X. Assemblymember David Tangipa, R-Fresno, who serves on the Assembly’s elections committee with Pellerin, denounced it as a “race to the bottom.”

“I don’t think Texas should gerrymander their districts to benefit Republicans, and I don’t think California should redistrict their districts to benefit Democrats,” Tangipa said. “I think we should start trying to lead by doing the right thing.”

Tangipa said it was hypocritical that the state is now considering this when in 2022 it forced Fresno County to take on citizen-led redistricting over supervisor objections. He also raised concerns about the cost and time pressures of the proposal.

“I don’t think a majority of Californians want us to be focused on this sudden change when we have so many issues going on right now,” adding rebuilding Los Angeles, the difficulty of finding affordable home insurance and high utility bills were more top of mind.

‘Novel legal question’

Newsom has said in podcasts and press conferences that his administration is exploring a variety of options, and that his attorneys were confident that asking voters to approve redistricting later this year would stand up to legal scrutiny, even if the election would be costly or, as Pellerin pointed out, a burden on already-strained county elections offices.

It’s unclear whether he’ll be successful, though.

In 2008, voters agreed to shift control of redistricting oversight to the Citizen Redistricting Commission, a 14-member independent body that redraws congressional and legislative district boundaries after every census count to reflect population changes.

Newsom has maintained that the state Constitution is silent when it comes to what the commission can do in between decennial census counts, providing an opportunity for the Legislature and Governor’s Office to step in.

“It’s a novel legal question,” he said. “And it’s being explored.”

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