[5][6][7] In addition, the U.S. Department of Justice granted pre-clearance of the commission's maps under Section 5 of the federal Voting Rights Act.
[9] Republican sponsors put a referendum on the Senate map on the November 6, 2012 ballot as Proposition 40, but have since reversed their position and are no longer opposing the new districts.
[15][16] In addition, it has forced a number of intra-party races, most notably a showdown between two of the state's most powerful House Democrats, Representatives Howard Berman and Brad Sherman.
[15][17][18] In the previous 10 years, incumbents were so safe that only one Congressional seat changed party control in 255 elections,[15] due to bipartisan gerrymandering after the redistricting following the 2000 census.
[23][26] The Voters First Act and Voters First Act for Congress amended Article XXI section 2(d)[27] of the California Constitution to establish a set of rank-ordered criteria that the Commission followed to create new districts: In addition, incumbents, political candidates or political parties cannot be considered when drawing districts.
Article XXI section 2(b)[27] of the California Constitution also requires that the Commission "conduct an open and transparent process enabling full public consideration of and comment on the drawing of district lines.
"[27] As documented in its final report, the Commission engaged in an extensive public input process that included 34 hearings across the state where 2700 citizens and a diverse range of organized groups gave public testimony, including organizations such as the League of Women Voters, California Forward, Common Cause, the California Chamber of Commerce (CalChamber), Equality California, Mexican American Legal Defense and Educational Fund (MALDEF), the Asian Pacific American Legal Center, the National Association for the Advancement of Colored People (NAACP), the Silicon Valley Leadership Group, and the Sierra Club.
In a much-cited article, the investigative journalism publisher ProPublica found evidence that the California Democratic Party leaders coordinated with community groups to testify in front of the commission, and concluded that these efforts had manipulated the process.
The federal constitution provides, "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."