........................................................................................................................................................................................................................................................................................................ POLITICS SYMPOSIUM ........................................................................................................................................................................................................................................................................................................ Structuring Good Representation: Institutional Design and Elections in California Sara Sadhwani, University of Southern California Jane Junn, University of Southern California ........................................................................................................................................................................................................................................................................................................ he guiding question of this symposium asks: We do so from the explicit normative position that in a rep- What does it mean to have “good” representa- resentative democracy with a diverse polity such as the United tion? Rather than specify conditions of “good” States, it is desirable to increase the inclusion of underrepre- representation, our contribution focuses on the sented minorities. This perspective is consistent with schol- structural conditions and institutional design ars who have asserted that the inclusion of underrepresented Tunder which a normative position of good representation voices lies at the heart of quality considerations of democracy has the best chance to flourish. We argue that the concept of (Young 2000; Wolbrecht and Hero 2005; Dovi 2009). To that “good” representation is most fruitfully theorized and eval- end, we should be skeptical when democratic institutions fall uated when the opportunities and constraints for political short of being descriptively and substantively representative actors are explicitly taken into consideration. Agency among of marginalized groups and instead consider what alternative either representatives or the represented—to be responsive, to structures might allow for broader incorporation. This position listen, to be inclusive for the former, and alternatively, to be is supported by a wealth of scholarship that analyzes the impor- informed, or to be active for the latter—is heavily constrained tance of the racial and gender hierarchies that have prevented in US democracy by the party system, the structure of elec- segments of society from experiencing full democratic tions, institutions of representation, and rules governing the inclusion (Omi and Winant 1986; Phillips 1995; Williams conduct of government. Even in the face of a strong desire 1998; Young 2000; Masuoka and Junn 2013). These inequal- and intentionality among actors to meet normative standards ities remain present today, and racial and ethnic minorities, of “good” representation, the outcome can be stymied and, women, and other intersectionally marginalized people con- alternatively, nurtured by institutional design. The variation tinue to be underrepresented in elected office. Dovi (2007) in the forms of representative structures within US democ- has theorized the desirable behavior on the part of represent- racy provides fertile empirical ground from which robust the- atives should include fair-mindedness, trust, and wise gate- oretical perspectives addressing “good” representation can keeping. Stemming from Dovi’s foundational work, a growing find enhanced footing. body of literature suggests that women of color in US legis- In this article, we examine elections and representation latures exhibit distinctive behaviors from other legislators within the context of recently enacted institutional reforms (Fraga et al. 2006; Reingold and Smith 2012). Brown’s (2014) in California, a state among the most racially and ethnically application of intersectionality to the study of black female diverse in the nation. Within the last two decades, California state legislators in Maryland is particularly useful. Her the- enacted several reforms relevant to elections and representa- ory of representation identity suggests that who a legislator tion, including the adoption of a top-two primary where the is—the combination of her experiences and identity—impacts two candidates with the largest number of votes are placed on what she does. Our focus on inclusive institutional design the general election ballot regardless of political party, as well features should be viewed as complementary to those bodies as the creation of a non-partisan redistricting commission that of work. While parity between the diversity of elected leaders is separate from the legislature and instead is run by ordinary and the diversity of the represented may not equate “good” citizens, and term limits for state legislators. Such changes in representation, institutional structures must not constrain or conjunction with rapid demographic shifts toward racial and inhibit the possibility of parity to be reached. In other words, ethnic diversity in the population and the electorate have pro- for “good” representatives to ever reach elected office, the role pelled California’s composition of representatives in the US of the institutional structures that constrain or bolster their Congress and the California State Legislature closer toward electoral opportunities should be considered. parity of racial and ethnic representation. In this article we Taking these positions as theoretical priors, we argue that will examine changes in the racial and ethnic composition of scholars concerned with descriptive and good representa- the California legislature before and after these changes were tion should consider the role of institutional structure and implemented. design within an analytic framework that considers both the 318 PS • April 2018 © American Political Science Association, 2018 doi:10.1017/S1049096517002438 ........................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................ opportunities and constraints within representative democ- States is best pursued through the lens of these limitations. racy. In the United States, equal representation for minority For minority groups from historically disadvantaged commu- groups has been elusive since the nation’s founding (Smith nities who face significant barriers to political incorporation 1993). Discriminatory voting laws such as poll taxes and lit- due to prohibitions on voting participation and continued eracy requirements followed the exclusion of women and efforts at voter disqualification through politically motivated African Americans from the franchise. The Voting Rights Act voter identification laws, constraint is further amplified by of 1965 (VRA), and subsequent extensions of its protections knowledge and information gaps as well as language barriers. by Congress helped to rectify some of these constraints and Strict two-party and single-member winner-take-all elec- create institutional pathways to bolster and improve minority toral systems are among the most important constraining representation (Davidson and Grofman 1994; Jones-Correa forces to good representation in the United States. Political 2005; Chen and Lee 2016). Yet, the Supreme Court’s ruling in representation by geographic location is a longstanding con- Shelby County v. Holder (2013) reduced the VRA’s institutional struct of US democracy at the federal and state levels (Young clout when it eliminated preclearance protections. Following 1990). The presence of at-large representatives, for example the Shelby ruling, some states have sought to enact voter iden- US Senators, is present, but atypical of political representa- tification laws that could again create systematic barriers for tion through American history. Developing an account for minority voters, while others have sought ways to broaden representation of historically disadvantaged groups in the and enhance electoral institutions. United States should be devised in light of the fundamental In this article we discuss the institutional changes that constraint of representation based on geographic districts. have occurred in California following both a period of rapid In contrast, proportional representation systems with multi- demographic change and significant alterations to the insti- member legislative districts provide a broader set of possibil- tutional design of districts and elections. In the first section ities for good representation because they provide the basis we consider the constraints on representation that arise from for coalition politics and increase the likelihood that smaller the unique brand of federalism found in the United States. We group interests and minority parties can bargain and win next turn to the racially and ethnically diverse state of Cali- occasionally. In contrast,