Only Fed-Up Voters Can Fix State’s Damaged System for Picking Legislators

California’s system for choosing legislators is badly broken. And only voters can fix it.

The problem: “Closed” primaries combined with districts drawn for party protection. Together, they’re adding up to legislative extremism. Toss in term limits and it’s a formula for producing ambitious amateurs who are radical or reactionary.

Not in every case, clearly, but that’s the trend.

It’s not just my gripe. It’s a complaint heard all over Sacramento, especially from business leaders frustrated by leftist Democrats and uncompromising Republican right-wingers.

Now Garry South, Gov. Gray Davis’ chief political strategist, also is grumbling -- “speaking for myself.” Nobody’s more of a Capitol insider than South. And this career pol has concluded that California’s political system -- particularly concerning the Legislature -- is terribly botched.

“When I think about the whole thing, I get sick to my stomach,” South says. “It’s all I can do to keep my mouth shut.”

Fortunately, South seldom does that.

“I just fear where this political system is headed. It’s getting worse, not better. It’s nearly dysfunctional.”

The main trouble spots:

Closed primary

We had a popular open primary for two elections. People could vote for any candidate, regardless of party. Turnout rose.

But party pooh-bahs felt threatened and sued. In 2000, the U.S. Supreme Court sided with the parties and ruled that California’s open primary violated their right of association. Back we went to a closed primary, banning cross-party voting. Turnout fell.

Now major business interests are promoting a 2004 ballot measure to establish another open primary for statewide, legislative and congressional contests. The new system would be nonpartisan, thus presumably constitutional. The top two vote-getters, regardless of party, would run off in November, similar to a race for mayor in California.

Parties still could influence elections by backing candidates.

The expected result: More moderates winning because a primary candidate would need to attract a wide range of voters, not just hard-core Republicans or Democrats.

“We have to do something,” South says. A nonpartisan primary “is better than what we have. Going back to the closed primary was a disaster.”

Closed primaries are unhealthy for both the legislative and executive branches, he says, because they force “Republicans to race far off to the right and Democrats far off to the left. Neither is helpful to the political system.”

Status quo redistricting

Legislators of both parties conspired last year to gerrymander legislative and congressional districts in their own interests. They redrew lines to preserve the political status quo for a decade in all but a handful of the 173 districts.

Seats became either safely Republican or safely Democrat -- mostly the latter because Democrats control Sacramento. It means practically every election is decided in the primary.

Republican incumbents must guard against a primary challenge from their right. Democrats watch their left. The middle is ignored.

“The fear of being ‘primaried’ is driving decision-making in Sacramento,” South laments.

“They have no idea how you get a budget passed. You’ve got Democrats petrified about cutting spending because it’ll tick off a special interest they’ll need to support them.... You’ve got Republicans sitting there ... scared to death they’ll get ‘primaried’ by some anti-taxer.”

The solution: Take the decennial redistricting away from the Legislature and place it in the hands of an independent commission, perhaps appointed by the state Supreme Court. Voters previously have rejected such ballot proposals, buying Democratic demagoguery about “politicizing the courts.”

South supports the independent idea: “Ten years ago I wouldn’t have said that. But this [redistricting] was just a joke and so damaging to the political system, I would favor almost any alternative.”

Term limits

Voters love term limits, but these limits are ludicrous: Three two-year terms in the Assembly, two four-year stints in the Senate.

About the time legislators get the hang of legislating and government -- like, where to find real waste -- they’re sent packing.

Limits should be extended to 12 years in each house.

“It’s amateur hour in Sacramento,” South says. “That’s not what you want in a state this big....

“People don’t have to take the long view [on policy]. The minute they get there, it’s ‘What am I going to do in six years?’ ”

All this -- the closed primary, protectionist redistricting, term limits -- “is a dastardly combination,” South continues. “I’m utterly disgusted with the whole thing.”

But nothing will change until voters also get disgusted and fix it.