BILL NUMBER: AB 1440	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos
   (Coauthor: Senator Padilla)

                        JANUARY 6, 2014

   An act to add Section 14033 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1440, as introduced, Campos. Elections: rights of voters:
public hearing.
   Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large election in a political subdivision
if it would impair the ability of a protected class, as defined, to
elect candidates of its choice or otherwise influence the outcome of
an election. The CVRA provides that a voter who is a member of a
protected class may bring an action in superior court to enforce the
provisions of the CVRA, and, if the voter prevails in the case, he or
she may be awarded reasonable litigation costs and attorney's fees.
Existing law requires a county board of supervisors or a city council
of a general law city or the governing body of a charter city to
hold at least one public hearing on any proposal to adjust the
boundaries of a district for the purpose of elections prior to a
public hearing at which the board or council votes to approve or
defeat the proposal.
   This bill would require a political subdivision to hold at least
one public hearing on a proposal to change from an at-large method of
election to a district-based election prior to a public hearing at
which the political subdivision votes to approve or defeat the
proposal.
   Because the bill would impose additional duties on local agencies,
it would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14033 is added to the Elections Code, to read:
   14033.  (a) A political subdivision shall hold at least one public
hearing on a proposal to change from an at-large method of election
to a district-based election prior to a public hearing at which the
political subdivision votes to approve or defeat the proposal.
   (b) This section applies to, but is not limited to, a proposal
that is required due to a court-imposed change from an at-large
method of election to a district-based election.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.