BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 29, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 278  
          (Roger Hernández) - As Amended April 13, 2015


          SUBJECT:  District-based municipal elections.


          SUMMARY:  Requires general law cities with a population of  
          100,000 or more, as specified, 


          to elect members of the city council by district, and  
          establishes procedures that these cities must follow when  
          creating city council districts.  Specifically, this bill:  
          1)Requires the legislative body of a general law city with a  
            population of 100,000 or more, as determined by the most  
            recent federal census, to adopt an ordinance, without  
            submitting that ordinance to the electors of the city for  
            approval, that provides for the members of the legislative  
            body to be elected by district.  Requires the ordinance to  
            provide for members 
          of the legislative body to be elected in one of the following  
            ways:



             a)   By districts, in five, seven, or nine districts; or,











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             b)   By districts in four, six, or eight districts, with an  
               elective mayor, as specified.



          2)Requires a city that is establishing districts, pursuant to  
            this bill, to conduct hearings, pursuant to the following  
            requirements:



             a)   Hold at least four public hearings over a period of at  
               least 30 days prior to drawing a draft map of boundaries;



             b)   Hold at least two public hearings over a period of at  
               least 30 days after a draft map of boundaries has been  
               drawn and published, but before adopting a final map;



             c)   Publish a calendar of hearings at least seven days  
               before the first hearing;



             d)   Hold hearings consistent with the following:



               i)     In locations that are accessible to people with  
                 disabilities;



               ii)    To the greatest extent possible, in numerous  
                 locations to maximize community participation;









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               iii)   To the greatest extent possible, in locations  
                 accessible by public transportation;



               iv)    To the greatest extent possible, on different days  
                 of the week and at varying times to maximize community  
                 participation; and,



               v)     Provide simultaneous translation of a hearing held,  
                 pursuant to this bill, if requested at least 24 hours  
                 before the hearing, in any language in which the city is  
                 required to post translated copies of ballots at any  
                 precinct in the city, pursuant to existing law.



          3)Requires a city that is establishing districts, pursuant to  
            this bill, to encourage public participation in the drawing of  
            the boundaries of the districts for the legislative body by  
            doing all of the following:



             a)   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;



             b)   For each hearing required by this bill, publicize at  
               least one public service announcement using a media outlet  
               that serves English-speaking individuals for purposes of  








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               informing individuals of the boundary-drawing process and  
               the hearing date;



             c)   For each hearing required by this bill, publicize at  
               least one public service announcement in any language in  
               which the city is required to post translated copies of  
               ballots at any precinct in the city, pursuant to existing  
               law, using a media outlet that serves speakers of that  
               language, for purposes of informing individuals of the  
               boundary-drawing process and the hearing date;



             d)   Publish an Internet Web site (website) that explains the  
               boundary-drawing process and its significance, that  
               includes notice of the hearings, and that explains how  
               public testimony may be submitted.  The website must be  
               available in each language in which the city is required to  
               post translated copies of ballots at any precinct in the  
               city, pursuant to existing law;



             e)   Provide the means for the submission of public testimony  
               by mail, by telephone, online, and in person at the  
               hearings; and,



             f)   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.



          4)Requires a city that is establishing districts, pursuant to  








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            this bill, to establish and adjust the boundaries of those  
            districts in accordance with provisions of existing law  
            governing the adjustment of the boundaries of city council  
            districts, except as provided.



          5)Requires a city that is establishing districts, pursuant to  
            this bill, to ensure that all of the following criteria are  
            satisfied in preparing the boundaries of the districts for the  
            city council:



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



             b)   The boundaries conform to the requirements of the United  
               States Constitution and all applicable federal and state  
               laws;



             c)   The boundaries respect communities of interest;



             d)   The boundaries have substantially equal populations as  
               determined by the most recent federal decennial census;



             e)   The boundaries are geographically compact and  
               contiguous; and,
             f)   The boundaries are drawn without regard to the advantage  
               or disadvantage of incumbents, challengers, or any  








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               political party.





          6)Requires communications between any party and the city council  
            regarding the drawing of boundaries of the districts for the  
            city council to be disclosed to the public and maintained by  
            the city in a publicly available log.  Communications related  
            to the dissemination of procedural information about the  
            drawing of boundaries of the districts for the city council,  
            including but not limited to, communications regarding the  
            time and place of meetings or how to submit public testimony,  
            are exempt from this requirement.



          7)Provides that the provisions of this bill do not apply to a  
            charter city or charter city and county.



          8)Makes corresponding changes.



          9)Provides that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state,  
            reimbursement to local agencies and school districts for those  
            costs shall be made pursuant to current law governing state  
            mandated local costs.



          EXISTING LAW:  


          1)Permits a general law city that elects its councilmembers  








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            through at-large elections to provide for city council members  
            to be elected by districts or from districts.  Such a change  
            shall occur only upon the approval of voters of a measure  
            submitted to them by the city council or placed on the ballot  
            through the initiative process.

          2)Defines, for the purposes of 1), above, the following:

             a)   "By districts" to mean the election of members by voters  
               of the district alone; and,

             b)   "From districts" to mean the election of members who are  
               residents of the districts from which they are elected, but  
               who are elected by voters of the city as a whole.

          3)Prohibits, pursuant to the California Voting Rights Act of  
            2002 (CVRA), an at-large method of election from being imposed  
            or applied in a political subdivision (including a city) in a  
            manner that impairs the ability of a protected class of voters  
            to elect a candidate of its choice or its ability 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 a  
            protected class.

          4)Provides that a violation of the CVRA may be established, if  
            it is shown that racially polarized voting occurs in elections  
            for members of the governing body of the political subdivision  
            or in elections incorporating other electoral choices by the  
            voters of the political subdivision.

          5)Requires a court, upon finding a violation of the CVRA, to  
            implement appropriate remedies, including the imposition of  
            district-based elections, which are tailored to remedy the  
            violation.

          6)Permits any voter who is a member of a protected class and who  
            resides in a political subdivision where a violation of the  
            CVRA is alleged to file an action in the superior court 
          of the county in which the political subdivision is located.








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          7)Requires a general law city that elects councilmembers "by  
            districts" or "from districts" to adjust the boundaries of the  
            council districts following each decennial federal census so  
            that the districts are as nearly equal in population as may  
            be.  The districts must comply with specified provisions of  
            the federal Voting Rights Act.  The city council may give  
            consideration to the following factors when establishing the  
            boundaries of districts:

             a)   Topography;

             b)   Geography;

             c)   Cohesiveness, contiguity, integrity, and compactness of  
               territory; and,

             d)   Communities of interests of the districts.

          8)Permits a city to provide for its own governance through the  
            adoption of a charter by a majority vote of its electors  
            voting on the question.

          9)Permits a city charter to provide for the conduct of city  
            elections, including the manner in which, the method by which,  
            the times at which, and the terms for which municipal officers  
            are elected or appointed.

          10)Provides that a legally adopted city charter supersedes all  
            laws inconsistent with that charter with respect to municipal  
            affairs.

          FISCAL EFFECT:  This bill is keyed fiscal and contains a  
          state-mandated local program.


          COMMENTS:  










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          1)Bill Summary.  This bill requires general law cities with a  
            population of 100,000 or more to elect members of the city  
            council by district, and establishes procedures that these  
            cities must follow when creating city council districts.   
            These procedures are more detailed and extensive than the  
            procedures that current law requires for cities that use  
            district elections.  Cities that would be subject to this  
            bill's requirements would have to hold more hearings and would  
            have to implement comprehensive public outreach and  
            involvement measures before and during those hearings.  This  
            bill also imposes additional criteria for the drawing of  
            district boundaries than current law requires.  This bill is  
            sponsored by the Mexican American Legal Defense and Education  
            Fund.



          2)Author's Statement.  According to the author, "This bill  
            creates a practice that is more transparent and inclusive for  
            participation from community members.  District-based  
            elections offer several benefits.  Each geographic area is  
            represented which helps ensure an even distribution of city  
            resources.  While each voter is represented by all city  
            council members, each voter has one specific board member to  
            petition for help.



            "The current method of electing city council members at-large  
            creates a system in which one community is empowered over the  
            needs of others.  City council members can, under this system  
            of voting, come from only certain neighborhoods in the  
            district.  This outcome could potentially make the city  
            council members out of touch and less aware of the needs of  
            other parts of the community.   Moreover, there are countless  
            examples throughout the state that demonstrate another  
            important weakness of at-large voting.










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            "It is important to note the fact that at-large elections have  
            been the subject of litigation across our state that  
            challenges this election process as a violation of both the  
            state and federal Voting Rights Act.  Voters in numerous  
            cities, including Anaheim, Compton, Palmdale and Watsonville  
            have gone to court to discard the at-large system.  Relief for  
            communities will take a long time if we wait for the judicial  
            system and will be costly as it is very expensive for cities  
            in legal costs.  AB 278 provides an opportunity to remedy this  
            problem."





          3)Background.  The CVRA was enacted to address racial block  
            voting in at-large elections for local office in California.   
            In areas where racial block voting occurs, an at-large method  
            of election can dilute the voting rights of minority  
            communities, if the majority usually votes for majority  
            candidates rather than for minority candidates.  In such  
            situations, breaking up a jurisdiction into districts can  
            result in districts in which a minority community can elect  
            the candidate of its choice or otherwise have the ability to  
            influence the outcome of an election.  Accordingly, the CVRA  
            prohibits an at-large method of election from being imposed or  
            applied 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.

          The CVRA also allows a prevailing plaintiff to recover  
            attorney's fees and litigation expenses to increase the  
            likelihood that attorneys will be willing to bring challenges  








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            under the law.  



            More than 140 local government bodies have transitioned from  
            at-large to district-based elections since the enactment of  
            the CVRA in 2002.  While some jurisdictions did so in response  
            to litigation or threats of litigation, other jurisdictions  
            proactively changed election methods because they believed  
            they could be susceptible to a legal challenge under the CVRA,  
            and they wished to avoid the potential expense of litigation.





          4)Voter Approval and Waivers.  Generally, local government  
            bodies must receive voter approval to move from an at-large  
            method of election to a district-based method of election for  
            selecting governing board members.  However, the State Board  
            of Education (SBE) and the Board of Governors (BOG) of the  
            California Community Colleges can waive the voter-approval  
            requirement for school districts and community college  
            districts.  The SBE and the BOG have granted nearly 120  
            requests for waivers from the voter-approval requirement for  
            school districts and community college districts that have  
            sought to move to district-based elections for board members  
            due to concerns about potential liability under the CVRA.  

          There is no procedure in statute for cities or special districts  
            to receive a waiver for the voter-approval requirement to move  
            from at-large to district-based elections, if those  
            governmental bodies have concerns about liability under the  
            CVRA.  However, in at least some cases, judges have approved  
            settlements to CVRA lawsuits that allow the governing body to  
            transition from at-large to district-based elections without  
            voter approval.  According to information compiled by the  
            Lawyers' Committee for Civil Rights of the San Francisco Bay  
            Area, at least a dozen other local jurisdictions statewide  








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            have transitioned to electing governing board members by  
            districts as a result of settlements to lawsuits brought under  
            the CVRA.



          5)General Law vs. Charter Cities.  The California Constitution  
            gives cities the ability to exercise greater control over  
            municipal affairs through the adoption of a charter by a  
            majority vote of the city's electors voting on the question.   
            Cities that have not adopted charters are commonly referred to  
            as "general law" cities, because such cities are subject to  
            the state's general laws, regardless of whether those laws  
            concern a municipal affair.  

          The California Constitution grants charter cities the plenary  
            authority, subject only to restrictions contained in specified  
            provisions of the California Constitution, to provide for the  
            manner in which municipal officers are elected or appointed.   
            Because this bill seeks to regulate the manner in which  
            municipal officers are elected, the provisions of this bill  
            would not apply to charter cities, but instead, would apply  
            only to general law cities.

            This bill also contains an explicit exemption for charter  
            cities.


             
           6)Cities Affected.  According to the 2010 United States Census,  
            there are 66 cities in California with a population of at  
            least 100,000 residents.  Of those 66 cities, 41 are charter  
            cities, and would not be affected by the provisions of this  
            bill.

          Of the 25 general law cities in California with a population of  
            100,000 or more, 22 (Antioch, Concord, Corona, Costa Mesa,  
            Daly City, El Monte, Fairfield, Fontana, Fremont, Fullerton,  
            Garden Grove, Murrieta, Norwalk, Ontario, Orange, Oxnard,  








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            Rancho Cucamonga, Santa Clarita, Simi Valley, Temecula,  
            Thousand Oaks, and West Covina) elect city council members  
            at-large, and one (Elk Grove) elects city council members  
            at-large from districts.  Those 23 cities would be required to  
            change their method of electing city council members under the  
            provisions of this bill.  (The City of Santa Clarita has  
            reached a settlement agreement in a CVRA lawsuit, but that  
            agreement calls on the city to use an alternative voting  
            method known as cumulative voting in an effort to address the  
            voting rights issues raised in the lawsuit.  Because  
            cumulative voting would be conducted at large in the city,  
            this bill would require the City of Santa Clarita to move to  
            district-based elections, in contravention of the settlement.)  
             Based on current population growth rates, as estimated by the  
            United States Census Bureau, four additional cities (Rialto,  
            Clovis, Jurupa Valley, and Mission Viejo) likely would be  
            covered by this bill following the 2020 census.  

           The City of Escondido previously elected its council members  
            using an at-large method of election, but it has agreed to  
            transition to a district-based method of election for city  
            council elections beginning this year, pursuant to a  
            settlement reached in a lawsuit brought pursuant to the CVRA.   
            The City of Moreno Valley was the only general law city in  
            California with a population of at least 100,000 that elected  
            city council members by districts prior to this year.

          7)New Procedural Requirements.  AB 1440 (Campos), Chapter 873,  
            Statutes of 2014, required any political subdivision that is  
            switching from an at-large method of election to a  
            district-based method of election to hold at least two public  
            hearings on the proposed district boundaries before adopting  
            those boundaries.  This requirement will continue to apply to  
            any city that changes from an at-large to a district-based  
            election, and that is not required to do so, pursuant to this  
            bill.  For example, if a charter city, or a general law city  
            with a population of less than 100,000, chooses to transition  
            from at-large to district-based elections, the hearing  
            requirements of AB 1440 would apply.








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            However, cities that are required to change from at-large to  
            by-district elections, pursuant to this bill, would be subject  
            to much more extensive procedural and hearing requirements  
            than what is required under existing law.  In addition to  
            having to hold at least six public hearings before adopting  
            district lines, cities forced to transition to district-based  
            elections under this bill would face restrictions on the  
            locations, dates and times of public hearings.  Cities would  
            have to develop extensive outreach and educational plans and  
            media strategies and could be required to provide real-time  
            translations of public hearings, potentially in multiple  
            languages.





            Under this bill, cities also would have to meet criteria in  
            creating district boundaries that differ from the criteria  
            that generally apply when local government entities draw  
            district lines.  According to the author, these requirements  
            are intended to ensure that the process that cities follow  
            when creating district boundaries is open and inclusive, and  
            to ensure that cities do not undermine the voting rights of  
            citizens when creating district lines.





            These requirements will increase the cost to cities that are  
                  required to transition from at-large elections under this bill  
            and, in turn, could increase the cost to the state to  
            reimburse those cities, if this bill is found to impose a  








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            reimbursable state mandate.  Apart from the costs, some of  
            these requirements could impose significant logistical burdens  
            to cities that are required to comply.  For example, this bill  
            requires cities, under certain circumstances, to provide  
            simultaneous translations of public hearings into languages  
            other than English and to conduct voter outreach and education  
            and media strategies in languages other than English.  Those  
            requirements could apply if as little as 3% of the voting age  
            population of a single precinct in a city with a population of  
            100,000 or more are limited-English proficient and are members  
            of a single language minority, even if there are very few  
            members of that language minority in the city as a whole.





          8)Operative Date.  This bill does not contain an operative date,  
            a deadline by which cities with a population of 100,000 or  
            more must adopt an ordinance transitioning to district-based  
            elections, or a date by which cities must begin conducting  
            elections using the district-based method of election.  The  
            Committee may wish to consider an amendment to establish a  
            reasonable timeline for cities to comply with the provisions  
            of this bill.



          9)Related Legislation.  AB 277 (Roger Hernández) provides that  
            the CVRA applies to charter cities, charter counties, and  
            charter cities and counties.



          10)Previous Legislation.  AB 2715 (Roger Hernández) and AB 1383  
            (Roger Hernández) of 2014 would have cities with a population  
            of 100,000 or more to elect city council members by district.   
            AB 2715 was held in the Assembly Appropriations Committee and  
            AB 1383 was held in the Senate Rules Committee.








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            AB 1440 (Campos), Chapter 873, Statutes of 2014, required  
            political subdivisions that change from an at-large method of  
            election to a district-based election to hold public hearings,  
            and required special districts to hold a public hearing before  
            adjusting the boundaries of a division.





            SB 1365 (Padilla) of 2014, which was vetoed by the Governor,  
            would have prohibited the use of a district-based election in  
            a political subdivision, if it would impair the ability of a  
            protected class to elect candidates of its choice or otherwise  
            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, and would have required a court  
            to implement specified remedies.





            AB 1979 (R. Hernández) of 2012 would have required the City of  
            West Covina to elect city council members by districts,  
            instead of at-large.  AB 1979 was held in the Assembly  
            Elections and Redistricting Committee.





            AB 450 (Jones-Sawyer) of 2013 would have required the Los  
            Angeles Community College District to elect governing board  
            members by trustee area, instead of at-large.  AB 450 was held  
            in the Assembly Appropriations Committee.








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          11)State Mandate.  This bill is keyed a state mandate, which  
            means the state could be required to reimburse local agencies  
            and school districts for implementing the bill's provisions if  
            the Commission on State Mandates determines that the bill  
            contains costs mandated by the state.  



          12)Arguments in Support.  The sponsor of this bill, the Mexican  
            American Legal Defense and Educational Fund, writes:



            "Minority representation is affected by the electoral  
            structure.  California is now a minoritymajority state, but  
            number of minorities alone is no guarantee of political  
            influence.  A lack of fair representation still exists in  
            cities with atlarge elections.





            "An atlarge method of electing a city council can result in  
            vote dilution for minority residents, impairing their ability  
            to elect candidates of choice or to influence the outcome of  
            City elections. In contrast, district based elections can  
            correct underrepresentation of minority governing board  
            members, decrease campaign costs, enhance direct neighborhood  
            representation, promote councilmember accessibility and  
            responsiveness, and increase voter turnout.











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            "The provisions of AB 278 that address the process for drawing  
            the lines of the new districts will enhance voter engagement  
            by providing meaningful access through hearings at which  
            community members will have the opportunity to submit  
            testimony regarding their neighborhoods and their communities  
            of interest - testimony that is crucial to the design of  
            districts that are representative of the economic, racial,  
            ethnic, educational, linguistic and social diversity of the  
            jurisdictions.  The public will also have the opportunity to  
            review draft maps and submit proposals of their own prior to  
            adoption of the final maps.  The hearings will be held at  
            times and in places designed to maximize community input, as  
            is the outreach that precedes the hearings.  Finally, language  
            access and transparency are built into the provisions  
            regarding process, and the districting criteria reflect this  
            State's interest in ensuring effective and fair representation  
            on local governing boards."











          13)Arguments in Opposition.  In opposition to this bill, the  
            League of California Cities writes:



            "This measure is a sweeping and costly unfunded state mandate.  
             Impacted cities would have to hire consultants to draft maps  
            and analyze election patterns-with costs ranging from $50,000  
            to $100,000 per city to draw various maps.  Attorneys with  








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            specialized expertise in the federal and state election laws  
            would need to be retained to advise and protect cities from  
            litigation over how district lines are drawn.





            "Additionally, this bill is based around an arbitrary  
            population threshold and does not take into account that the  
            affected cities all have unique population and geographic  
            characteristics.  In the event there is an issue of vote  
            dilution, the CVRA provides significant legal leverage to any  
            voter who seeks to challenge an at-large election system of a  
            city, school district, community college district or any other  
            district authorized by the state.  In fact, under the CVRA it  
            is easier for plaintiffs to bring and prevail in lawsuits  
            alleging that their votes are diluted in at-large elections.





            "In short, for those who prefer existing at-large election  
            systems to be closely examined for conformance with the CVRA,  
            existing law is robust and working. New mandates are  
            unnecessary."





          14)Double-Referral.  This bill was heard in the Elections and  
            Redistricting Committee on March 25, 2015, where it passed  
            with a 4-1 vote.



          REGISTERED SUPPORT / OPPOSITION:








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          Support


          Mexican American Legal Defense and Education Fund [SPONSOR]


          California Immigrant Policy Center




          Opposition


          Californians for Electoral Reform


          Cities of Clovis, Temecula, and Thousand Oaks


          Howard Jarvis Taxpayers Association


          League of California Cities


          Southwest California Legislative Council


              




          Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958








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