SACRAMENTO, Calif. — State Assemblymember Carl DeMaio (R-San Diego) has added additional stakes to the redistricting drama that is unfolding in California with an initiative designed to punish any lawmaker who votes to gerrymander the state's maps.

The initiative, filed Monday, would bar any state legislator from seeking elected office for 10 years if they vote this week to dismantle the state’s independent redistricting commission or to adopt maps drawn by lawmakers themselves.

This penalty would not only apply to future legislative ambitions, but local, state, and federal offices as well.

DeMaio, who called his proposal a deliberate “poison pill,” argued the penalty mirrors an existing state constitutional ban that prohibits members of the Independent Citizens Redistricting Commission from running for office for a decade after their service.

“There needs to be a penalty for politicians who attempt to undermine fair elections – and this initiative ensures that no politician can run for any office in California for the next 10 years if they get involved with manipulating election maps,” he said.

The initiative would require retroactive enforcement. It will not appear on the proposed special election ballot this November, which is how Newsom seeks to counter Texas mid-cycle redistricting in time for the 2026 midterms.

Instead, it would appear on the November 2026 ballot if DeMaio can collect more than one million petition signatures.

A reminder: Texas lawmakers now have the quorum they need to approve new redistricting maps that will deliver 5 additional GOP districts for President Donald Trump. California Gov. Gavin Newsom’s plan is to nullify this with 5 new Democratic districts.

Democrats already hold 43 out of California’s 52 congressional seats -- meaning their majority would increase to over 90% of the House delegation.

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However, there are more legal hurdles in California than there are in Texas. The state’s independent redistricting commission is enshrined in the state constitution, which also prohibits legislative redistricting and partisan gerrymandering. 

California voters approved the redistricting commission in 2008 and 2010 through ballot measures designed to take the power of drawing district maps away from state legislators. Recent polling shows voters still overwhelmingly support this method of redistricting.

The California Legislature is expected to vote on bills this week to put a new map on the November ballot. State Republicans – who stand to lose half of the few seats they have in Congress – call it a power grab, while Gov. Gavin Newsom claims he is saving democracy.

“Donald Trump, you have poked the bear, and we will punch back,” Newsom declared at a campaign kickoff rally. “Don’t mess with the great Golden State.”

DeMaio warned lawmakers that how they vote could carry long-term consequences: “There is no free ride on casting a corrupt vote this week – if a state legislator votes in favor, they better be prepared to get a real job for the next 10 years,” he said.

While the fate of the proposal will depend on voter support in 2026, DeMaio signaled confidence in his movement’s ability to qualify the measure and enforce the penalties regardless of whether the redistricting fight succeeds or fails.

Two Reforms, One Initiative

Additionally, DeMaio announced he is pairing this anti-legislative redistricting initiative with his already-launched California Voter ID initiative, which would require voters to present identification when they cast their ballots in future elections.

According to DeMaio, his Reform California movement has raised sufficient funds and mobilized more than 10,000 volunteers statewide to gather the 1 million signatures needed to qualify both measures for the November 2026 ballot.

“I realized that both the CA Voter ID Initiative and the Penalties for Politicians Who Manipulate Their Own Districts Initiative fit nicely onto one page – and it is economical to get two signatures simultaneously on two initiatives,” he explained.