Amended in Assembly April 13, 2015

Amended in Assembly April 7, 2015

Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 278

Introduced by Assembly Member Roger Hernández

(Principal coauthor: Assembly Member Alejo)

(Coauthor: Senator Hueso)

February 11, 2015

An act to amend Section 10010 of the Elections Code, and to add Section 34885 to the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 278, as amended, Roger Hernández. District-based municipal elections.

Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or from districts formed within the political subdivision (district-based). Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election to be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to 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, as defined.

Existing law authorizes the legislative body of a city to submit to voters at any municipal or special election an ordinance providing for the election of members of the legislative body by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. Under existing law, “by district” means election of members of the legislative body by voters of the district alone and “from district” means election of members of the legislative body who are residents of the district from which they are elected by the voters of the entire city. Existing law prescribes the procedures for the electors to change from the election of these members by district to election from districts or vice versa.

This bill would require the legislative body of a begin insert general law end insert city with a population of 100,000 or more to adopt an ordinance, without submitting the ordinance to the voters of the city for approval, for the election of members of the legislative body by district. The bill would require that the boundary lines of each district be adjusted in accordance with specified provisions of existing law, except as otherwise provided in this bill. The bill would require the legislative body to hold public hearings before and after drawing a draft map of the proposed boundaries of the districts of the legislative body, as specified. The bill would also require the legislative body to take certain actions to encourage public participation in the drawing of the proposed boundaries and would require that the proposed boundaries satisfy specified criteria.

By requiring certain cities to conduct elections for members of their legislative bodies in a specified manner, this bill 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 10010 of the Elections Code is amended
to read:

10010.  

(a) A political subdivision not subject to the provisions
of Section 34885 of the Government begin delete Code end delete begin insert Code, other than a
charter city, charter county, or charter city and county, end insert that
changes from an at-large method of election to a district-based
election shall hold at least two public hearings on a proposal to
establish the district boundaries of the political subdivision before
a public hearing at which the governing body of 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.

(c) For purposes of this section, the following terms have the
following meanings:

(1) “At-large method of election” has the same meaning as set
forth in subdivision (a) of Section 14026.

(2) “District-based election” has the same meaning as set forth
in subdivision (b) of Section 14026.

(3) “Political subdivision” has the same meaning as set forth in
subdivision (c) of Section 14026.

SEC. 2.  

Section 34885 is added to the Government Code, to
read:

34885.  

(a) (1) Notwithstanding any other law, the legislative
body of a begin insert general law end insert city with a population of 100,000 or more
shall adopt an ordinance, without submitting the ordinance to the
electors of the city for approval, for the election of members of
the legislative body by district as provided in subdivision (a) or
(c) of Section 34871.

(2) For purposes of this subdivision, the population of a city
shall be determined by the most recent federal decennial census.

(b) Except as otherwise provided in subdivisions (c) to (f),
inclusive, the boundaries of the districts for the legislative body
shall be established and adjusted in accordance with Chapter 7
(commencing with Section 21600) of Division 21 of the Elections
Code.

(c) (1) Before drawing a draft map of the proposed boundaries
of the districts for the legislative body, the legislative body shall
hold at least four public hearings where the public has the
opportunity to provide input. The hearings shall occur over the
course of at least 30 days.

(2) After the draft map of the proposed boundaries of the
districts for the legislative body is drawn and published, the
legislative body, before adopting the final map of the proposed
boundaries, shall hold at least two public hearings in which the
public has the opportunity to provide input. The hearings shall
occur over the course of at least 30 days.

(3) A calendar of the hearings required by paragraphs (1) and
(2) shall be prepared and published at least seven days before the
first hearing to allow citizens to plan their attendance.

(4) The hearings required by paragraphs (1) and (2) shall do all
of the following:

(A) Be held in locations accessible to people with disabilities.

(B) To the greatest extent possible, be held in numerous
locations to maximize community participation.

(C) To the greatest extent possible, be held in locations
accessible by public transportation.

(D) To the greatest extent possible, be held on different days of
the week and at varying times to maximize community
participation.

(5) If requested begin insert , end insert at least 24 hours before a hearing required by
paragraph (1) or (2), the legislative body shall provide simultaneous
translation of the hearing in any language that meets the
requirements of subdivision (c) of Section 14201 of the Elections
Code in a precinct in the city.

(d) The legislative body of the city shall encourage public
participation in the drawing of the boundaries of the districts for
the legislative body by doing all of the following:

(1) Developing an outreach and education plan, and media and
social media strategy, in partnership with community organizations
and individuals that advocate on behalf of, or provide services to,
non-English-speaking individuals and individuals with disabilities.

(2) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least one public service announcement
using a media outlet that serves English-speaking individuals for
purposes of informing individuals of the boundary drawing process
and the upcoming hearing date.

(3) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least one public service announcement
in each language that meets the requirements of subdivision (c) of
Section 14201 of the Elections Code in a precinct in the city, using
a media outlet that serves speakers of that language, for purposes
of informing individuals of the boundary-drawing process and the
upcoming hearing date.

(4) Publish an Internet Web site that explains the
boundary-drawing process and its significance, that includes notice
of the hearings required by paragraphs (1) and (2) of subdivision
(c), and that explains how public testimony may be submitted. The
Internet Web site shall be available in each language that meets
the requirements of subdivision (c) of Section 14201 of the
Elections Code in a precinct in the city.

(5) Provide the means for the submission of public testimony
by mail, by telephone, online, and in person at the hearings required
by paragraphs (1) and (2) of subdivision (c).

(6) Any other outreach or publicity the legislative body
determines will encourage public participation in the drawing of
the boundaries of the districts for the legislative body.

(e) The legislative body shall ensure all of the following criteria
are satisfied in preparing the boundaries of the districts for the
legislative body:

(1) The boundaries are drawn to ensure fair and effective
representation of all city residents including racial, ethnic, and
language minorities.

(2) The boundaries conform to the requirements of the United
States Constitution and all applicable federal and state laws.

(3) The boundaries respect communities of interest.

(4) The boundaries have substantially equal populations as
determined by the most recent federal decennial census.

(5) The boundaries are geographically compact and contiguous.

(6) The boundaries are drawn without regard to the advantage
or disadvantage of incumbents, challengers, or any political party.

(f) (1) Communications between any party and the legislative
body regarding the drawing of the boundaries of the districts for
the legislative body shall be disclosed to the public and maintained
by the city in a publicly available log.

(2)  Communications related to the dissemination of the
procedural information about the drawing of the boundaries of the
districts for the legislative body, including, but not limited to,
communications regarding the time and place of meetings or how
to submit public testimony, are exempt from paragraph (1).

begin insert

(g) This section does not apply to a charter city or charter city
and county.

end insert

SEC. 3.  

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.