BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 278 Hearing Date: 6/8/16
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|Author: |Roger Hernández |
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|Version: |6/1/16 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Darren Chesin |
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Subject: Municipal elections
DIGEST
Permits any city, regardless of population size, to change the
method of electing its governing board members from at-large to
a by-district method of election without receiving voter
approval and provides that if voter approval is sought, the
proposed boundaries for the districts are not required to appear
on the ballot.
ANALYSIS
Existing law:
1)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.
2)Authorizes such an ordinance to be submitted to the voters by
means of an initiative measure.
3)Requires that the ordinance 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.
4)Permits a city with a population of fewer than 100,000 people
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to change the method of electing council members from at-large
to a by-district method of election without receiving voter
approval. Requires ordinances adopted pursuant to this
provision to be accompanied by a declaration that the change
is being made in furtherance of the purposes of the California
Voting Rights Act (CVRA) of 2001.
5)Prohibits, pursuant to the CVRA, an at-large method of
election from being imposed or applied in a political
subdivision (including a special district) in a manner that
impairs the ability of a protected class of voters to elect
the 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.
6)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.
7)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.
8)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.
This bill:
1)Repeals the population limitation on a law that permits the
legislative body of a city with a population of fewer than
100,000 people to adopt an ordinance, without being required
to submit the ordinance to the voters for approval, that
requires the members of the legislative body to be elected by
districts, thereby giving all cities, regardless of population
the flexibility that is provided by that law.
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2)Deletes the requirement that the ordinance describe the
boundaries, and number, of each legislative district and would
instead require the legislative body 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.
3)Provides that after an ordinance is passed by the voters or
after an ordinance is enacted by the legislative body to
change from an at-large method of election to a district-based
election, the legislative body shall prepare a proposed map
that describes the boundaries and numbers of the districts for
the legislative body. In preparing the proposed map, the
legislative body may seek public input, including accepting
proposed maps submitted by the public.
4)Provides that if the legislative body is changing from an
at-large method of election to a district-based election, the
legislative body shall, pursuant to existing provisions 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 other existing provisions of
the Elections Code.
5)This bill would also require the districts to comply with
applicable provisions of the federal Voting Rights Act of
1965.
6)Makes numerous technical, nonsubstantive, and conforming
changes to these provisions.
BACKGROUND
At-Large vs. District Elections . Under existing law, a city
can be organized so that members of the city council are elected
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at-large or are elected using districts. In cities that have
districts, the city can be organized such that the registered
voters in the entire city vote for councilmembers from each of
the districts (known as "from district" elections), or the city
can be organized so that only the registered voters in a
district vote in the election to choose the councilmember from
that area (known as by-district elections). In either instance,
a candidate for the city council must reside in the district in
which he or she is running.
For any city with a population of fewer than 100,000 people that
wishes to move from an at-large method of electing their city
council members, an ordinance may be adopted to switch their
method of voting to by-district elections without seeking the
approval of the voters, but a city with a population of 100,000
or more requires the voters of the city to approve the change.
If the voters reject the proposed change, the city must continue
holding elections using an at-large method of election.
California Voting Rights Act of 2001 . SB 976 (Polanco, Chapter
129, Statutes of 2002), enacted the CVRA 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 typically votes to support candidates that differ
from the candidates who are preferred by minority communities.
In such situations, breaking a jurisdiction up 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 first case brought under the CVRA was filed in 2004, and the
jurisdiction that was the target of that case - the City of
Modesto - challenged the constitutionality of the law.
Ultimately, the City of Modesto appealed that case all the way
to the United States Supreme Court, which rejected the city's
appeal in October 2007. The legal uncertainty surrounding the
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CVRA may have limited the impacts of that law in the first five
years after its passage.
Since the case in Modesto was resolved, however, many local
jurisdictions have converted or are in the process of converting
from an at-large method of election to district-based elections
due to the CVRA. In many cases, 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. This voter approval requirement can
make it difficult for jurisdictions to proactively transition to
district-based elections in order to address potential liability
under the CVRA. If a jurisdiction attempts to transition from
at-large to district-based elections to address CVRA concerns,
but the voters reject the proposal, the jurisdiction nonetheless
remains subject to a lawsuit under the CVRA.
Furthermore, to the extent that there is racially polarized
voting on the question of whether to transition from at-large to
district-based elections, the results of the vote on that
question could provide further evidence for a lawsuit under the
CVRA. As a result, many jurisdictions have sought ways to
transition from at-large to district-based elections without
having to receive voter approval for such a change.
Since the enactment of the CVRA in 2001, at least 160 local
governments have switched from at-large to district based
elections. 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.
Notably, many school districts have transitioned from at-large
to district-based elections without receiving voter approval in
an effort to avoid potential liability under the CVRA. Even
though state law generally requires such a transition to be
approved by the voters in a school district, existing law also
permits the State Board of Education (SBE) to waive all or part
of any section of the Education Code, with certain identified
exceptions, upon request by the governing board of a school
district or county board of education. The SBE generally is
required to approve any and all requests for waivers unless it
makes a finding that one of the seven enumerated conditions
exists. Since 2009, the SBE has approved more than 130 waivers
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to permit school districts to change from at-large to
district-based elections without voter approval, as would
otherwise be required by the Education Code.
Furthermore, in response to concerns that community college
districts were subject to liability under the CVRA but were
unable to change from at-large to district-based elections
without receiving voter approval, AB 684 (Block), Chapter 614,
Statutes of 2011, established a process under which a community
college district could transition from at-large to
district-based elections without receiving voter approval if
such a transition was first approved by the Board of Governors
(BOG) of the California Community Colleges, among other
provisions. Since the enactment of AB 684, the BOG has received
and approved requests from approximately 20 community college
districts to change their election method from at-large to
district-based elections.
COMMENTS
1)According to the author : While many cities are spending
millions in litigation costs to avoid a more fair election
method, district-based elections, AB 278 will facilitate a
more effective process for cities to adopt district-based
elections. District elections have resulted in elected
representatives who are more knowledgeable of local problems
and issues and constituents are more likely to be better
served by having a local point of contact in their
neighborhood.
The at-large election method has shown to have significant
downsides for minority groups and more broadly speaking for
all groups, as its applicability can isolate certain
geographic parts of districts from civic participation,
engagement and representation. AB 278 will empower all
communities to elect their own voice, their own advocate,
their own council member. They can hold him or her
accountable and in turn decisions made by the council will
more likely represent the needs of all its residents.
The at-large method of disenfranchisement of communities is
found throughout the state, including in Antioch, Concord,
Daly City, Fontana, Oxnard, Rialto and West Covina. At-large
elections have been the subject of litigation as a violation
of both the state and federal Voting Rights Act. Voters in
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numerous cities, including Anaheim, Compton, Palmdale and
Watsonville have gone to court to discard the at-large system.
AB 278 will create more accountability at the local level by
maintaining local control and leveling the playing field for
voters to better determine if they want district-based
elections. Moreover, MALDEF argues that many times voters
are confused or distracted by the maps at the time of voting
on whether district-based elections should be adopted. This
confusion can often lead to a lack of understanding why
district-based elections can further democracy in their
communities.
RELATED/PRIOR LEGISLATION
SB 493 (Cannella, Chapter 735, Statutes of 2015), permitted a
city with a population of fewer than 100,000 people to change
the method of electing council members to a by-district method
of election without receiving voter approval. This bill mirrors
this process and permits the governing body of a special
district, as defined, to adopt a resolution, without being
required to submit the resolution to the voters for approval, to
elect the members of its governing body using district-based
elections.
AB 2220 (Cooper), which is pending referral in the Senate, also
extends the option created in SB 493 to all cities regardless of
population size.
SB 927 (Anderson), which is pending in the Assembly Local
Government Committee, permits directors of any public utility
district that is wholly or partially within the County of San
Diego to be elected at large, by subdistrict, or from
subdistricts, as defined.
PRIOR ACTION
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|Assembly Floor: |43 - 32 |
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|Assembly Appropriations Committee: |12 - 0 |
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|Assembly Local Government Committee: | 5 - 1 |
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|Assembly Elections and Redistricting | 4 - 1 |
|Committee: | |
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POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
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