BILL ANALYSIS Ó
AB 1440
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1440 (Campos) - As Amended: April 8, 2014
Policy Committee: ElectionsVote:7-0
(Consent)
Local Government 9-0
(Consent)
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill:
1)Requires a political subdivision that is changing from
at-large to district-based elections to hold at least two
public hearings on the proposed change prior to the public
meeting at which the governing body votes to approve or defeat
the proposal.
2)Requires school, community college, and special districts,
when adjusting the boundaries of a electoral division within
the district, to hold one public hearing prior to the public
meeting at which the district governing body votes to approve
or defeat the proposal.
FISCAL EFFECT
Costs for districts to hold the required public hearings would
be state reimbursable, and statewide costs would depend on the
number of governments changing to district-based elections.
Costs would be minimized to the extent the public hearings are
consolidated with regularly-scheduled meetings of the governing
body. Any state reimbursable costs are expected to at most be
minor.
COMMENTS
1)Background . The California Voting Rights Act (CVRA) prohibits
an at-large method of election from being imposed or applied
AB 1440
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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. Approximately
130 local government bodies have transitioned from at-large to
district-based elections since the enactment of the CVRA.
2)Purpose . According to the author, "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."
In addition, AB 186 (Hertzberg)/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
supervisorial or council districts. However, no such public
hearing requirement applies to other political subdivisions
when they are considering proposals to adjust the boundaries
of the governing board's divisions. This bill expands the
requirements of AB 186 such that they apply to districts, in
addition to cities and counties.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081