BILL NUMBER: AB 278 AMENDED
BILL TEXT
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
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 Sections 34872, 34884, and
34886 of, to repeal Sections 34876 and 34877 of, and to repeal and
add Sections 34874 and 34875 of, the Government Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 278, as amended, Roger Hernández. District-based
municipal Municipal elections.
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.
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.
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.
This bill would also require the districts to comply with the
applicable provisions of the federal Voting Rights Act of 1965.
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.
This bill would extend this authority to the legislative body of
any city, regardless of its population.
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.
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 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.
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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 34872 of the
Government Code is amended to read:
34872. The An ordinance shall state
the number of legislative districts, describe the
boundaries of each, number them, and state districts
and whether members of the legislative body shall be elected by
districts or districts, from districts,
or by or from districts except for by
districts with an elective mayor, or from districts with an
elective mayor.
SEC. 2. Section 34874 of the Government
Code is repealed.
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.
SEC. 3. Section 34874 is added to the
Government Code , to read:
34874. (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.
SEC. 4. Section 34875 of the Government
Code is repealed.
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.
SEC. 5. Section 34875 is added to the
Government Code , to read:
34875. (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).
SEC. 6. Section 34876 of the Government
Code is repealed.
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.
SEC. 7. Section 34877 of the Government
Code is repealed.
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.
SEC. 8. Section 34884 of the Government
Code is amended to read:
34884. (a) 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
35258, 57116, 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, all of the following
procedure shall procedures apply:
(a) Prior to
(1) Before 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 councilmanic
districts. districts of the legislative body.
The districts shall be as nearly equal in population as may be.
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. In establishing the boundaries of the districts, the
legislative body may give consideration to the following factors:
(1) topography, (2) geography, (3) cohesiveness, contiguity,
integrity, and compactness of territory, and (4) community of
interests of the districts;
(A) Topography.
(B) Geography.
(C) Cohesiveness, contiguity, integrity, and compactness of
territory.
(D) Community of interests of the districts.
(b)
(2) 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 years; and years.
(c)
(3) 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.
The
(b) The 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 the provisions of
Section 34871.
SEC. 9. Section 34886 of the Government
Code is amended to read:
34886. (a) Notwithstanding Section 34871 or any other law, the
legislative body of a city with a population of fewer than
100,000 people 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.
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.