SJR 13, as introduced, De León. Voting: apportionment.
This measure would urge the Supreme Court of the United States to uphold the federal constitutional principle of “one person, one vote” and not deny California’s children and immigrants equal protection under the law.
Fiscal committee: no.
P1 1WHEREAS, “One person, one vote” has been an enshrined
2principle of the United States Constitution since it was articulated
3by Chief Justice of the United States Earl Warren in Reynolds v.
4Sims (1964) 377 U.S. 533, which was decided at the height of the
5Civil Rights movement; and
P2 1WHEREAS, The Supreme Court of the United States, in 2Reynolds v. Sims, held that seats in both houses of a bicameral
3legislature must be apportioned equally on a population basis under
4the equal protection clause of the 14th Amendment to the United
5States Constitution; and
6WHEREAS, Federal courts have consistently endorsed the use
7of total population, including those ineligible to vote, to determine
8equal apportionment since Reynolds v. Sims; and
9WHEREAS, Political districts across the nation were arbitrarily
10drawn and severely imbalanced before the Supreme Court of the
11United States affirmed the principle of “one person, one vote” in 12Reynolds v. Sims; and
13WHEREAS, Texas plaintiffs, led by Sue Evenwel, Titus County
14GOP Chairwoman, are attempting to disenfranchise California’s
15immigrants and children by challenging the longstanding
16democratic principle of “one person, one vote” through their
17litigation in Evenwel v. Abbott; and
18WHEREAS, The legal theory proffered by the plaintiffs, that
19legislative districts must be drawn in a way that excludes children
20and noncitizens and instead be drawn based on the population of
21eligible voters, has never been endorsed by the Supreme Court of
22the United States; and
23WHEREAS, Sixty-three percent of California’s population
24consists of citizens of voting age; and
25WHEREAS, California is deeply concerned with the recent
26decision of the Supreme Court of the United States to hear
27arguments in Evenwel v. Abbott and potentially disenfranchise 37
28percent of our state’s population; and
29WHEREAS, Not counting immigrants, whether with legal status
30or undocumented, as full persons for purposes of apportionment
31is reminiscent of the United States Constitution’s infamous
32three-fifths clause that did not view enslaved Black people the
33same as White people for purposes of apportionment; and
34WHEREAS, Overturning the long held precedent of “one person,
35one vote” would be tantamount to enshrining discrimination and
36prejudice in the law; and
37WHEREAS, These plaintiffs seek to use the Supreme Court of
38the United States to turn back the clock on a half century of legal
39precedent and return to an unjust, unequal system of drawing
P3 1legislative districts that would deprive immigrants and children of
2representation; now, therefore, be it
3Resolved by the Senate and the Assembly of the State of
4California, jointly, That the Legislature urges the Supreme Court
5of the United States to uphold the United States Constitution’s
6principle of “one person, one vote” and not deny California’s
7children and immigrants equal protection under the law; and be it
8further
9Resolved, That the Secretary of the Senate transmit copies of
10this resolution to the members of the Supreme Court of the United
11States, to the President and Vice President of the United States, to
12the Speaker of the House of Representatives, to the Majority Leader
13of the Senate, and to each Senator and Representative from
14California in the Congress of the United States.
O
99