According to this story, Wisconsin Democrats are threatening to recall some more Republican state legislators in early 2012. But no one is sure whether the petitions should be circulated in the districts that were used in the elections during the period 2002-2010, or whether the petitions should be circulated in the newly drawn legislative districts. Thanks to Bill Van Allen for the link.
One more NO brainer court case.
The robot party hacks got elected in the OLD districts and must be recalled from such OLD districts.
Wisconsin uses the same system for electing senators as California, with elections from odd-numbered or even-numbered districts held every 4 years. This leaves the possibility of some voters who voted for a senator in 2010, being able to vote for another senator in 2012; and other voters who voted for a senator in 2008 not being able to vote for another senator until 2014.
Since the new California districts were drawn without reference to the old districts, and consideration of incumbency was specifically illegal, there might be large numbers of Californians in these doubly-franchised and disenfranchised classes. It would seem only reasonable that California lose congressional representation (and electoral votes) in proportion to the level of disenfranchisement.
If the old districts are used for the recall, there may be some voters who would be able to vote for a new senator in a recall for a 2+ year term, and senator in their new district for a 4-year term.
The California redistricting commission did take the overlap of senate districts into account when numbering the new districts. Nonetheless, about 10% of Californians will be able to have elected 2 senators and about 10% will be able to have elected 0 senators, in the 2013 legislature.
If incumbents are randomly situated, then there will be 4 senators whose current term ends in 2012, and will not be able to run for re-election even if not term-limited, and 4 senators whose term ends in 2014 who may be motivated to resign so that they can run in their new district for a full 4-year term.