AB 1752, as amended, Fong. Redistricting: incumbent designation.
Existing law, as added by constitutional initiative, requires the Citizens Redistricting Commission, in the year following the year in which the federal decennial census is taken, to adjust the boundary lines of the congressional, State Senate, Assembly, and Board of Equalization districts. Existing law specifies which candidate for the office of Representative in Congress, State Senator, Member of the Assembly, or Member of the Board of Equalization shall be deemed the incumbent of the district for purposes of the first election following decennial redistricting.
This bill would change the order of which candidate shall be deemed the incumbent at the first election following decennial redistricting. This bill would also make a conforming change to reflect the redistricting process.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13108 of the Elections Code is amended
2to read:
(a) At the first elections for Representative in Congress,
4State Senator, Member of the Assembly, and Member of the Board
5of Equalization in each congressional, senatorial, Assembly, and
6Board of Equalization district following
the adjustment of the
7boundary lines of the congressional, senatorial, Assembly, and
8Board of Equalization districts by the Citizens Redistricting
9Commission pursuant to Section 6 of Article IV, Section 17 of
10Article XIII, and Section 1 of Article XXI, of the California
11Constitution, that candidate who shall be deemed the incumbent
12in a given district for purposes of the election shall be that
13candidate who is running for the same office that he or she then
14holds, and who is running for reelection in a district that has the
15identical boundaries and number as the district from which he or
16she was last elected.
17(b) In the event there is no candidate to whom subdivision (a)
18applies, the incumbent shall be that candidate who is running for
19the same office that he or she then holds, and who is running for
20reelection in a district
that has the identical boundaries as the
21district from which he or she was last elected, but that has a
22different number.
23(c) In the event there is no candidate to whom subdivision (a)
24or (b) apply, the incumbent shall be that candidate who is running
25for the same office that he or she then holds, and who is running
26for reelection in a district that contains some portion of the territory
27previously contained within the district from which he or she was
28last elected. However, in a new district that contains portions of
29the territory of more than one former district, the incumbent shall
30be that candidate the greater portion of thebegin delete territoryend deletebegin insert population,
31as determined by the most recent federal decennial
census, end insert of
32whose former district is included within the new district.
33(d) In the event there is no candidate to whom subdivision (a),
34(b), or (c) apply, the incumbent shall be that candidate who is
35running for the same office that he or she then holds, and who is
36running for reelection in a district that has the identical number as
37the district from which he or she was last elected. However, a
38candidate for the office of Member of the Assembly shall be
P3 1considered the incumbent in this case only if the district bearing
2the same number is located in the same county as the district that
3previously bore that number.
4(e) If there is no candidate in a given district to which any of
5the above provisions apply, the incumbent shall be the person who
6is a candidate
for the same office that he or she then holds who
7fulfills the residency requirements of law for candidacy within the
8district.
O
98