Amended in Senate February 18, 2016

Amended in Assembly June 1, 2015

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 begin delete Section 10010 of the Elections Code, and to add Section 34885 to end delete begin insert Sections 34872, 34884, and 34886 of, to repeal Sections 34876 and 34877 of, and to repeal and add Sections 34874 and 34875 of, end insert the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 278, as amended, Roger Hernández. begin delete District-based municipal end delete begin insert Municipal end insert elections.

begin insert

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. Existing law also authorizes such an ordinance to be submitted to the voters by means of an initiative measure. Existing law requires the ordinance to state the number of legislative districts, describe the boundaries of each, number the districts, and state the method for electing the members of the legislative body, as described above.

end insert begin insert

This bill would delete the requirement that the ordinance describe the boundaries, and number, of each legislative district and would instead require the legislative body, or the proponents of the initiative measure, to prepare a proposed map describing the boundaries and numbers of the legislative districts after the ordinance is passed or enacted, as specified. The bill would require a legislative body changing from a from district method of election to a by district method of election, or adjusting the district boundaries, to hold public hearings on the change, as specified. The bill would also make numerous technical, nonsubstantive changes to these provisions.

end insert begin insert

Existing law applies certain procedures if a majority of votes on the subject of incorporating a new city are in favor of incorporation and in favor of a by district method of election, including, among other things, requiring the boundaries of the districts of the legislative body to be as nearly equal in population as possible.

end insert begin insert

This bill would also require the districts to comply with the applicable provisions of the federal Voting Rights Act of 1965.

end insert begin insert

Existing law authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor without submitting the ordinance for voter approval.

end insert begin insert

This bill would extend this authority to the legislative body of any city, regardless of its population.

end insert begin delete

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 from being 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.

end delete begin delete

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.

end delete begin delete

This bill would require the legislative body of a general law 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. The bill would require that the proposed boundaries satisfy specified criteria.

end delete begin delete

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.

end delete begin delete

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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 34872 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

34872.  

begin delete The end delete begin insert An end insert ordinance shall state the number of legislative
begin delete districts, describe the boundaries of each, number them, and state end delete
begin insert districts and end insert whether members of the legislative body shall be
elected by begin delete districts or end delete begin insert districts, end insert from districts, begin delete or by or from districts
except for end delete begin insert by districts with an elective mayor, or from districts
with end insert an elective mayor.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 34874 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

34874.  

No amendatory ordinance altering the boundaries of
the legislative districts established pursuant to this article shall be
submitted to the registered voters until the ordinance has been
submitted to the planning commission of the city or, in absence
of a planning commission, to the legislative body of said city for
an examination as to the definiteness and certainty of the
boundaries of the legislative districts proposed.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 34874 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 34874. end insert   

(a) If an ordinance is submitted to the voters pursuant
to Section 34871, there shall be printed on the ballots substantially
as follows:

“Shall members of the legislative body of the City of ____ be
elected by (or from) districts?”

or, if applicable:

  “Shall members of the legislative body of the City of ____ be
elected by (or from) districts, and the Mayor of the City of ____
be elected on a citywide basis by the voters of the entire city?”

followed by the words “Yes” and “No,” so printed that the voters
may express their choice.

(b) If a majority of the voters voting on the proposed ordinance
vote in its favor, members of the legislative body shall be elected
in the manner approved by the voters beginning at the first election
following the approval of the district boundaries pursuant to
Section 34875.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 34875 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

34875.  

The amendatory ordinance shall not be submitted to
the voters if (a) one or more of the legislative districts do not close,
(b) one or more entire legislative districts are eliminated prior to
the termination of the term of office of the council member of or
from the district, (c) the effect is that a greater number of council
members will be qualified to hold office concurrently than are
authorized by this article or the amendatory ordinance.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 34875 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 34875. end insert   

(a) After an ordinance is passed by the voters pursuant
to Section 34874, or after an ordinance is enacted by the legislative
body pursuant to Section 34886, the legislative body or the
proponents of the initiative measure, as applicable, shall prepare
a proposed map that describes the boundaries and numbers of the
districts for the legislative body.

(b) If the legislative body is changing from an at-large method
of election to a district-based election, as those terms are defined
in Section 14026 of the Elections Code, the legislative body shall,
pursuant to Section 10010 of the Elections Code, hold at least two
public hearings on the proposed district boundaries. If the
legislative body is otherwise adjusting the district boundaries, the
legislative body shall hold at least one public hearing on the
proposed district boundaries pursuant to Section 21607 of the
Elections Code.

(c) After completing the hearing process, the legislative body
shall submit the proposed district boundaries to the planning
commission of the city for an examination as to the definiteness
and certainty of the boundaries of the legislative districts proposed.
If the city does not have a planning commission, the legislative
body shall conduct the examination of the proposed boundaries.

(d) (1) The planning commission, or the legislative body, shall
reject the proposed boundaries if it finds any of the following:

(A) One or more of the legislative districts do not close.

(B) One or more entire legislative districts are eliminated before
the termination of the term of office of the council members of or
from the district.

(C) The effect is that a greater number of members of the
legislative body will be qualified to hold office concurrently than
are authorized by this article or the amendatory ordinance.

(2) If a substantial change to the proposed boundaries is
necessary to address the reason the proposed boundaries were
rejected pursuant to paragraph (1), the legislative body or the
proponents of the initiative measure, as applicable, shall begin
anew the process for approval of the proposed boundaries, starting
with subdivision (a). If a substantial change to the proposed
boundaries is not necessary to address the reason the proposed
boundaries were rejected pursuant to paragraph (2), the planning
commission, or the legislative body, may revise the proposed
boundaries to address the reason for rejection.

(e) The planning commission of the city or, in the absence of
the planning commission, the legislative body of the city, shall
make findings as to the matters set forth in subdivision (d) by
resolution within 90 days after submission of the amendatory
ordinance to the city clerk. Failure to make findings shall constitute
a finding of compliance with subdivision (d).

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 34876 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

34876.  

The planning commission of the city or, in absence of
such body, the legislative body of the city shall make findings as
to the matters set forth in Section 34875 by resolution within 90
days after submission of the amendatory ordinance to the city
clerk. Failure to make findings shall be constituted as a finding of
compliance with Section 34875.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 34877 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

34877.  

The proposition of establishing or altering legislative
districts shall be printed on the ballots substantially as follows:

 
“Shall members of the legislative body of the City of ____ be
elected by (or from) districts described in Ordinance No. ____?”

or, if applicable:

 
“Shall members of the legislative body of the City of ____ be
elected by (or from) districts described in Ordinance No. ____,
and the Mayor of the City of ____ be elected on a citywide basis
by the voters of the entire city?”

followed by the words “Yes” and “No,” so printed that the voters
may express their choice.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 34884 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

34884.  

begin insert (a) end insert begin insert   end insert If, at the time a vote is held on the subject of
incorporation of a new city, a majority of the votes cast is for
incorporation and, if, in accordance with Section begin delete 35258, end delete begin insert 57116, end insert a
majority of the votes cast on the question of whether members of
the city council in future elections are to be elected by district or
at large is in favor of election by district, begin insert all of end insert the following
begin delete procedure shall end delete begin insert procedures end insert apply:

begin delete

(a) Prior to

end delete

begin insert (1) end insert begin insert   end insert begin insert Before end insert the first day on which voters may nominate candidates
for election at the next regular municipal election, the legislative
body shall, by ordinance or resolution, establish the boundaries of
the begin delete councilmanic districts. end delete begin insert districts of the legislative body. end insert The
districts shall be as nearly equal in population as may be. begin insert The
districts shall comply with the applicable provisions of the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10301, et seq.), as
amended. end insert In establishing the boundaries of the districts, the
legislative body may give consideration to the following factors:
begin delete (1) topography, (2) geography, (3) cohesiveness, contiguity,
integrity, and compactness of territory, and (4) community of
interests of the districts; end delete

begin insert

(A) Topography.

end insert begin insert

(B) Geography.

end insert begin insert

(C) Cohesiveness, contiguity, integrity, and compactness of
territory.

end insert begin insert

(D) Community of interests of the districts.

end insert begin delete

(b)

end delete

begin insert (2) end insert  The terms of office of the two members elected with the
lowest vote shall expire on the Tuesday succeeding the next regular
municipal election. At that election, members shall be elected by
district in the even-numbered districts and shall hold office for
four begin delete years; and end delete begin insert years. end insert

begin delete

(c)

end delete

begin insert (3) end insert  The terms of office of the three members elected with the
highest vote shall expire on the Tuesday succeeding the second
regular municipal election following the incorporation. At that
election, members shall be elected by district in the odd-numbered
districts and shall hold office for four years.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert result of the vote cast on the question of whether
members of the city council in future elections are to be elected
by district or at large shall not preclude the submission to the voters
at any future election of a measure in accordance with begin delete the
provisions of end delete Section 34871.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 34886 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

34886.  

(a) Notwithstanding Section 34871 or any other law,
the legislative body of a city begin delete with a population of fewer than
100,000 people end delete may adopt an ordinance that requires the members
of the legislative body to be elected by district or by district with
an elective mayor, as described in subdivisions (a) and (c) of
Section 34871, without being required to submit the ordinance to
the voters for approval. An ordinance adopted pursuant to this
subdivision shall include a declaration that the change in the
method of electing members of the legislative body is being made
in furtherance of the purposes of the California Voting Rights Act
of 2001 (Chapter 1.5 (commencing with Section 14025) of Division
14 of the Elections Code).

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

begin delete

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 Code, other than a charter
city, charter county, or charter city and county, 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 general law 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) 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) 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.

(d) (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).

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

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.

end delete