BILL ANALYSIS Ó
AB 1440
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 1440 (Campos) - As Amended: April 8, 2014
SUBJECT : Elections: district boundaries: public hearing.
SUMMARY : Requires political subdivisions that change from an
at-large method of election to a district-based election to hold
public hearings, and requires special districts to hold a public
hearing before adjusting the boundaries of a division.
Specifically, this bill :
1)Requires a political subdivision that changes from an at-large
method of election to a district-based election to hold at
least two public hearings on a proposal to establish the
district boundaries of the political subdivision prior to the
public hearing at which the governing body of the political
subdivision votes to approve or defeat the proposal.
2)Provides that the requirement in 1), above, 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.
3)Requires the governing body of a district to hold at least one
public hearing on any proposal to adjust the boundaries of a
division prior to a public hearing at which the governing body
votes to approve or defeat the proposal.
4)Provides the following definitions, pursuant to existing law:
a) "At-large method of election" means any of the following
methods of electing members to the governing body of a
political subdivision:
i) One in which the voters of the entire jurisdiction
elect the members to the governing body;
ii) One in which the candidates are required to reside
within given areas of the jurisdiction and the voters of
the entire jurisdiction elect the members to the
governing body; or,
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iii) One which combines at-large elections with
district-based elections.
b) "District-based election" means a method of electing
members to the governing body of a political subdivision in
which the candidate must reside within an election district
that is a divisible part of the political subdivision and
is elected only by voters residing within that election
district.
c) "Political subdivision" means a geographic area of
representation created for the provision of government
services, including, but not limited to, a city, a school
district, a community college district, or other district
organized pursuant to state law.
EXISTING LAW :
1)Establishes the California Voting Rights Act (CVRA), which
prohibits an at-large method of election from being imposed or
applied in a political subdivision in a manner that impairs
the ability of a protected class of voters to elect the
candidate of its choice or to influence the outcome of an
election, as a result of the dilution or the abridgement of
the rights of voters who are members of a protected class.
2)Requires the board of supervisors of a county to hold at least
one public hearing on any proposal to adjust the boundaries of
a supervisorial district prior to a public hearing at which
the board votes to approve or defeat the proposal.
3)Requires the council of a city to hold at least one public
hearing on any proposal to adjust the boundaries of a city
council district prior to a public hearing at which the
council votes to approve or defeat the proposal.
4)Requires counties, cities, and specified districts to adjust
the boundaries of the governing boards' districts in the year
following the decennial census, and requires the new
boundaries to result in districts that are as equal in
population as practicable.
FISCAL EFFECT : This bill is keyed fiscal.
AB 1440
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COMMENTS :
1)Purpose of this bill . This bill requires political
subdivisions that change from an at-large method of election
to a district-based election to hold public hearings, and
requires special districts to hold a public hearing before
adjusting the boundaries of a division. This bill is
author-sponsored.
2)Author's statement . According to the author, "AB 1440
protects the voting rights for people of color when new
district lines are drawn for local elections such as city
councils, school boards, and water districts. Specifically,
when a jurisdiction switches from an at-large to a district
system of elections, AB 1440 requires that there be at least
two open and public hearings prior to adoption of the new
district lines. It also requires a hearing when a special
district engages in redistricting.
"The CVRA has resulted in more than 140 jurisdictions across the
state converting from at-large to district based elections in
the last 12 years. This is a tremendous step for communities
of color that have traditionally suffered the discriminatory
effects of at-large elections.
"AB 1440 takes the next step in encouraging community
involvement, representation and ownership of local elections.
It empowers the groups and individuals who have had their
voices silenced with the tools to make sure their interests
and newly obtained advances will be protected. The
requirement for the jurisdiction to hold public hearings prior
to adoption of new district lines will safeguard against
further discrimination and ensure their rights and perspective
will be heard."
3)The CVRA and conversions to district-based elections . The
CVRA was enacted to address racial block voting in at-large
elections for local office in California. In areas where
racial block voting occurs, an at-large method of election can
dilute the voting rights of minority communities if the
majority usually votes for majority candidates rather than for
minority candidates. In such situations, breaking up a
jurisdiction into districts can result in districts in which a
minority community can elect the candidate of its choice or
otherwise have the ability to influence the outcome of an
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election. Accordingly, the CVRA prohibits an at-large method
of election from being imposed or applied in a political
subdivision in a manner that impairs the ability of a
protected class of voters to elect the candidate of its choice
or to influence the outcome of an election, as a result of the
dilution or the abridgement of the rights of voters who are
members of the protected class.
The CVRA also allows a prevailing plaintiff to recover
attorney's fees and litigation expenses to increase the
likelihood that attorneys will be willing to bring challenges
under the law.
Approximately 130 local government bodies have transitioned
from at-large to district-based elections since the enactment
of the CVRA. While some jurisdictions did so in response to
litigation or threats of litigation, other jurisdictions
proactively changed election methods because they believed
they could be susceptible to a legal challenge under the CVRA,
and they wished to avoid the potential expense of litigation.
4)Voter approval and waivers . Generally, local government
bodies must receive voter approval to move from an at-large
method of election to a district-based method of election for
selecting governing board members. However, the State Board
of Education (SBE) and the Board of Governors (BOG) of the
California Community Colleges can waive the voter-approval
requirement for school districts and community college
districts. The SBE and the BOG have granted nearly 120
requests for waivers from the voter-approval requirement for
school districts and community college districts that have
sought to move to district-based elections for board members
due to concerns about potential liability under the CVRA.
There is no procedure in statute for cities or special districts
to receive a waiver for the voter-approval requirement to move
from at-large to district-based elections if those
governmental bodies have concerns about liability under the
CVRA. However, in at least some cases, judges have approved
settlements to CVRA lawsuits that allow the governing body to
transition from at-large to district-based elections without
voter approval. According to information compiled by the
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area, at least a dozen other local jurisdictions statewide
have transitioned to electing governing board members by
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districts as a result of settlements to lawsuits brought under
the CVRA.
5)Public hearing requirements . While existing law generally
requires cities and counties to hold at least one public
hearing on a proposal to adjust the boundaries of city council
or county supervisorial districts prior to the hearing at
which the council or board votes on the proposed adjustment,
state law does not appear to require hearings on proposed
district boundaries when a local governmental body transitions
from at-large to district-based elections. Given the large
number of jurisdictions that have been transitioning from
at-large to district-based elections due to the CVRA, many
local governmental bodies are in the process of developing
proposed district boundaries without any requirement that
public hearings be conducted to ensure public access and
involvement in those decisions.
6)Districts & Redistricting After the Decennial Census . As
noted above, counties, cities, and districts that elect
governing board members using a district-based election system
are required under existing law to adjust the boundaries of
the governing boards' districts in the year following the
decennial census. The purpose of adjusting the district lines
is to ensure that all districts within a local government body
have roughly equal populations. AB 186 (Hertzberg), Chapter
429, Statutes of 1999, required county boards of supervisors
and city councils to hold a public hearing prior to a vote to
adjust the boundaries of council or supervisorial districts.
However, no such public hearing requirement applies to
districts when they are considering proposals to adjust the
boundaries of the governing board's divisions. This bill
expands the requirements of AB 186, so that districts must
also hold a public hearing prior to a vote to adjust the
district's boundaries.
7)Related legislation . AB 2715 (Hernandez), which is pending in
this Committee, requires cities with a population of 100,000
or more to elect city council members by district, instead of
at-large. AB 2715 was heard by the Elections and
Redistricting Committee on April 22, 2014, where it passed
with a 5-2 vote.
SB 1365 (Padilla) of 2014 prohibits the use of a
district-based election in a political subdivision if it would
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impair the ability of a protected class to elect candidates of
its choice or otherwise influence the outcome of an election
as a result of the dilution or the abridgment of the rights of
voters who are members of a protected class and would require
a court to implement specified remedies. SB 1365 is pending
on the Senate Floor.
8)Previous legislation . AB 1979 (Roger Hernández) of 2012 would
have required the City of West Covina to elect city council
members by districts, instead of at-large. AB 1979 was held
in the Assembly Elections and Redistricting Committee.
AB 450 (Jones-Sawyer) of 2013 would have required the Los
Angeles Community College District to elect governing board
members by trustee area, instead of at-large. AB 450 was held
in the Assembly Appropriations Committee.
9)State mandate . This bill is keyed a state mandate, which
means the state could be required to reimburse local agencies
and school districts for implementing the bill's provisions if
the Commission on State Mandates determines that the bill
contains costs mandated by the state.
10)Arguments in support . The California Professional
Firefighters, in support, state that, "AB 1440 would help
increase public confidence in the process of drawing new
district lines in a manner that is open, fair and indicative
of sufficient public input?"
11)Arguments in opposition . None on file.
12)Double-referral . This bill was heard by Elections and
Redistricting Committee on April 1, 2014, where it passed with
a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters
Opposition
AB 1440
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None on file
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958