NADLER v. SCHWARZENEGGER
Filed 3/28/06--Appendices A, B & C not available online
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
| JUDY NADLER et al., Plaintiffs and Appellants, v. ARNOLD SCHWARZENEGGER et al., Defendants and Respondents. |
C045708
(Super. Ct. No. 02CS01046) |
| DEAN ANDAL et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER et al., Defendants. _______________________________________ |
(Super. Ct. No. 01CSO1397)
|
| DENNIS KENNEDY et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER et al., Defendants. |
(Super. Ct. No. 02CS01045) |
APPEAL from a judgment of the Superior Court of Sacramento County, Gail D. Ohanesian, Judge. Affirmed.
Downey Brand, Matthew G. Jacobs and Jeffrey S. Galvin for Plaintiffs and Appellants.
Remcho, Johansen & Purcell, Robin B. Johansen, Kathleen J. Purcell, Thomas A. Willis and Margaret R. Prinzing for Respondent California State Assembly.
Office of the Legislative Counsel, Diane F. Boyer-Vine, Marian Johnston; Olson, Hagel & Fishburn, Lance H. Olson, Deborah B. Caplan and Erin V. Peth for Respondent California State Senate.
Every ten years, in the year following the year in which the national census is taken, the boundary lines of California's Senatorial, Assembly, Congressional, and Board of Equalization districts are reapportioned to, among other things, reflect population shifts. (Cal. Const., art. XXI, § 1.) Our state Constitution assigns this task to California's Legislature, with participation of the Governor through the power to approve or to veto legislation. (Ibid.; Legislature v. Reinecke (1972) 6 Cal.3d 595, 601.)
In 2001, the Legislature enacted, and Governor Gray Davis approved, reapportionment legislation. It put most residents of the City of Santa Clara in Assembly District 22, but a meandering district boundary through the city put some of its residents in Assembly District 24.
Unhappy with this division, a number of Santa Clara's residents, taxpayers, registered voters, and public officials (whom we will refer to as plaintiffs) brought this action, challenging the 2001 reapportionment of Assembly districts.[1] They allege that its separation of Santa Clara into two Assembly districts violates article XXI, section 1, subdivision (e) of California's Constitution, which states: â€
