BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 278


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          Date of Hearing:  August 29, 2016


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          AB 278  
          (Roger Hernández) - As Amended August 11, 2016


                          CONCURRENCE IN SENATE AMENDMENTS


          


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               (vote not relevant)





          SUBJECT:  Municipal elections.


          SUMMARY:  Permits any city, regardless of population, to change  
          the method of electing its governing board members from at-large  
          to a by-district method of election without receiving voter  









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          approval and provides that if voter approval is sought, the  
          proposed boundaries for the districts are not required to appear  
          on the ballot.


          The Senate amendments delete the Assembly version of the bill,  
          and instead:


          1)Repeal 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.  


          2)Repeal a requirement that a city ordinance submitted to the  
            voters asking whether they want to adopt a by-district or  
            from-district method of election for members of the  
            legislative body must include the boundaries and number of  
            each such district.  Require the legislative body to prepare a  
            proposed map describing the boundaries and numbers of the  
            legislative districts after the ordinance is passed, as  
            specified. Permit the legislative body to seek public input,  
            including accepting proposed maps submitted by the public.   
            Require the district boundaries to be effective beginning the  
            first election following approval by the legislative body for  
            which election consolidation deadlines have not passed, as  
            specified.



          3)Require a legislative body that is establishing or adjusting  
            district boundaries pursuant to this bill to hold public  
            hearings on the boundaries, as required by existing law. 









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          4)Require the legislative body of a newly incorporated city that  
            has voted to elect members of the city council by districts,  
            when establishing the boundaries of city council districts, to  
            comply with applicable provisions of the federal Voting Rights  
            Act of 1965.



          5)Make technical, nonsubstantive, and conforming changes.



          EXISTING LAW:  


          1)Permits a city with a population of fewer than 100,000 people,  
            which elects its city council members at-large, to enact an  
            ordinance switching its election method to by-district  
            elections without submitting the change to voters for  
            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 of 2001 (CVRA). 


          2)Permits a city to submit an ordinance to the voters to provide  
            for city council members to be elected in any of the following  
            ways:


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










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             b)   From districts, in five, seven, or nine districts;


             c)   By districts, in four, six, or eight districts, with a  
               mayor who is elected citywide; or,


             d)   From districts, in four, six, or eight districts, with a  
               mayor who is elected citywide.


            Provides that the change shall occur, except as specified,  
            only upon the approval of the voters.  Provides that the term  
            "by districts," for the purposes of this provision, means the  
            election of members by voters of the district alone and  
            provides that "from districts" means the election of members  
            who are residents of the district from which they are elected,  
            but who are elected by voters of the city as a whole.


          3)Prohibits, pursuant to the 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 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.   
            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.


          AS PASSED BY THE ASSEMBLY, this bill required general law cities  
          with a population of 100,000 or more, as specified, to elect  
          members of the city council by district.









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          FISCAL EFFECT:  None.  This bill has been keyed non-fiscal by  
          the Legislative Counsel.


          COMMENTS:  


          1)Prior Committee Consideration of this Bill:  In March 2015,  
            this committee considered and approved this bill on a 4-1  
            vote. At the time, this bill would have prohibited general law  
            cities with a population of 100,000 or more, as specified,  
            from electing city council members through at-large elections,  
            and instead would have required those cities to elect city  
            council members by district, among other provisions.   
            Subsequent to the committee's approval of this bill, it was  
            amended in the Senate to delete the Assembly-approved  
            provisions of the bill, and to add the current provisions.  As  
            a result, this bill has been re-referred to this committee for  
            further consideration pursuant to Assembly Rule 77.2.





















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          2)Purpose of the Bill:  According to the author:


               AB 278 advances a more fair, comprehensive and  
               balanced process to the potential adoption of  
               district-based elections.  I have worked diligently to  
               address all the issues raised by the opposition to  
               this bill over the last two years.


               The bill accomplishes the following:





               1.     The bill broadens the applicability of SB 493  
               (Cannella) to allow all city councils, regardless of  
               the city's population size, to adopt the  
               district-based election method directly instead of  
               going to the voters to seek that change.





               2.     In the event a city council chooses not to  
               adopt a change in the election method and instead seek  
               voter approval, the approval of the district maps  
               would occur after the voters have approved changing to  
               district-based elections, not concurrently.  This is  
               similar to how the map adoption process is envisioned  
               to work under SB 493 which was approved last year.












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               The decoupling of the question of whether a city  
               should convert to district-based elections and the  
               subsequent approval of the maps allows for two very  
               important objectives:



                     Voters are better able to focus solely on the  
               main question regarding the need to change the  
               election method, and 





                     Saves money as the drawing of the maps matters  
               most when voters have approved changing to the  
               district-based election method.  





               AB 278 provides an opportunity to bring forward a more  
               comprehensive modification to our state's  
               district-based election law.


          3)At-Large vs. District Elections and Previous Legislation:   
            Under existing law, a city can be organized so that members of  
            the city council are elected 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 so that only the registered  









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            voters in a district vote in the election to choose the  
            councilmember from that area (known as "by-district"  
            elections).  In either case, a candidate for the city council  
            must reside in the district in which he or she is running.

          Until last year, any city that wished to move from at-large  
            elections to a district-based method of election generally  
            needed voter approval in order to make such a change.  SB 493  
            (Cannella), Chapter 735, Statutes of 2015, however, 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 if such a  
            change was made in furtherance of the purposes of the CVRA.   
            Any city with a population of 100,000 or more still generally  
            needs voter approval in order to change from at-large  
            elections to a district-based method of election.

          4)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.











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            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  
            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 all, at least  
            160 local government bodies have transitioned from at-large to  
            district-based elections since the enactment of the CVRA.   
            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.  



          5)Related Legislation:  AB 2220 (Cooper), which is pending on  
            the Governor's desk, allows all cities, regardless of  
            population, to change the method of electing council members  
            to a by-district method of election without receiving voter  
            approval.  AB 2220 was approved by the Assembly on a 60-11  
            vote.  

          AB 350 (Alejo), which is also being heard in this committee  
            today, requires a political subdivision that changes to, or  
            establishes, district-based elections to hold at least two  









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            public hearings both before and after drawing a preliminary  
            map or maps of the proposed district boundaries, as specified,  
            among other provisions.



          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Civil Liberties Union of California (prior version)




          Opposition


          None on file.




          Analysis Prepared by:Ethan Jones / E. & R. / (916) 319-2094


















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