DeMaio Takes Legal Action to Stop Newsom’s Redistricting Scheme

In the middle of a $20 billion budget deficit, Gov. Gavin Newsom is plotting an illegal $250 million power grab to gerrymander Republicans out of power—and Carl DeMaio says it’s time to slam the brakes with a legal ruling that kills the scheme.  

“By concocting this partisan redistricting scam, Gavin Newsom and Democrat politicians are openly violating the California Constitution and their oath of office,” said DeMaio. “Any vote next week on this corrupt plan would be unlawful and unconstitutional—and I’m demanding the Legislature stand down.”  

The Scheme: Shredding Voter-Approved Redistricting Protections

Next week, Newsom and legislative Democrats plan to ram through a Special Election to nullify the state’s non-partisan Citizens’ Independent Redistricting Commission—a system voters approved in 2010 to take politics out of map-drawing.  

Instead, they want to hand the power back to politicians so they can redraw districts mid-cycle to target Republican seats and lock in one-party control for decades. Newsom and his allies have even admitted their intent: eliminate five GOP-held congressional seats.  

“This is the very definition of partisan gerrymandering,” DeMaio said. “And the state constitution expressly forbids it.”  

“They’re not even pretending this is about fairness,” he added. “They’ve said out loud that this is about wiping out Republican seats. That’s as corrupt and brazen as it gets.”  

Three Constitutional and Legal Violations

In a formal letter to the Office of Legislative Counsel, DeMaio is demanding an immediate legal opinion and outlining three major violations:  

1. Mid-Cycle Redistricting Ban
   The state constitution—and federal law—prohibit any mid-decade redistricting unless ordered by a federal court or agency. The 2010 voter-approved initiative set a strict timeline, and this scheme violates it outright.  
2. Legislature Has Zero Authority
   Article 21 of the California Constitution vests all map-drawing authority exclusively in the Citizens’ Redistricting Commission. The Legislature has no role—and the Governor has no authority to call a Special Election with proposed maps unless they’re presented via a referendum under Article II.  
3. Ban on Partisan Gerrymandering
   Article 21, Section 2(e) explicitly prohibits drawing districts to favor or discriminate against a political party. Newsom’s public admission that his goal is to wipe out GOP seats in direct evidence of an illegal partisan purpose.  

“This isn’t just about bending the rules—this is shredding the constitution,” DeMaio said. “If they ignore these protections now, what’s to stop them from ignoring every other law they don’t like.”

DeMaio says the constitution is clear: any change to Article 21—including map-drawing authority—must be made through a citizens’ initiative, not a legislative act.  

“Put simple, the Legislature has no power to do what Newsom is proposing,” DeMaio said. “The only legal path forward is through the people—not the politicians.”  

DeMaio Says It Is Time to Go to Court

While awaiting a formal ruling from the Legislative Counsel, DeMaio is already consulting with outside legal experts who are preparing various court challenges if Newsom and Democrat leaders ignore the law and proceed forward with their illegal redistricting scheme.  

“If they try to ram this through, they'll be dragged in before a judge in no time,” DeMaio said.  

“Voters created the Citizens’ Redistricting Commission to stop exactly this kind of political corruption,” DeMaio said. “We will not let Newsom and his cronies shred the constitution and rig our elections.”  

How to Help

DeMaio is mobilizing legal and grassroots efforts to block the Newsom Redistricting Power Grab — and is calling on every concerned citizen to join the fight. This campaign will include, public education, media exposure, and voter engagement to ensure this attack on democracy is defeated at every step.  

“Voters created the Citizens’ Redistricting Commission to stop this exact kind of corruption,” said DeMaio. “We cannot let Newsom turn back the clock and give politicians the power to rig elections.”