BILL NUMBER: AB 350	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2016
	AMENDED IN SENATE  FEBRUARY 29, 2016
	AMENDED IN ASSEMBLY  JANUARY 4, 2016

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 17, 2015

   An act to amend Section  14029   10010 
of the Elections  Code, and to add Section 34887 to the
Government  Code, relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 350, as amended, Alejo.  California Voting Rights Act
of 2001: district-based municipal elections.  
District-based municipal elections: preapproval hearings.  
   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 by districts formed within
the political subdivision (district-based). Existing law requires a
political subdivision, as defined, that changes from an at-large
method of election to a district-based election to hold at least 2
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.  
   This bill would instead require a political subdivision that
changes to, or establishes, district-based elections to hold public
hearings before and after drawing a preliminary map or maps of the
proposed district boundaries, as specified.  
   Because the bill would impose additional duties on local agencies,
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.  
   Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large election in a political subdivision
if it would impair the ability of a protected class, as defined, to
elect candidates of its choice or otherwise influence the outcome of
an election. The CVRA provides that a voter who is a member of a
protected class may bring an action in superior court to enforce the
provisions of the CVRA, and, if the voter prevails in the case, the
CVRA requires the court to implement appropriate remedies, including
the imposition of district-based elections, that are tailored to
remedy a violation of the act.  
   If a court imposes district-based elections in a political
subdivision and the members of the governing body of that political
subdivision will be elected in their districts at different times to
provide for staggered terms of office, this bill would require the
districts that have the largest populations of members of the
protected class to elect their governing board members at the first
election under the district-based election system.  

   Existing law generally requires all elective city offices,
including the members of a city council, to be filled at large by the
city electorate at a general municipal election. Existing law, at
any municipal election or special election held for this purpose,
authorizes the legislative body of a city to submit to the registered
voters an ordinance providing for the election of members of the
legislative body by district or from district, as defined, and with
or without an elective mayor. Existing law also 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 being required to submit the ordinance to the
voters for approval.  
   If, during the implementation of by district or from district
elections, the members of the legislative body will be elected in
their districts at different times to provide for staggered terms of
office, this bill would prohibit a city from selecting district
election dates for the purpose of, or in a manner that will have the
effect of, impairing 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 abridgment of the rights of voters
who are members of the protected class. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 10010 of the  
Elections Code   is amended to read: 
   10010.  (a) A political subdivision that changes from an at-large
method of election to a district-based  election 
 election, or that establishes district-based elections, 
shall  hold at least two public hearings on a proposal to
establish the district boundaries of the political subdivision prior
to   do all of the following before  a public
hearing at which the governing body of the political subdivision
votes to approve or defeat  the proposal.   a
propo   sal to establish the district boundaries of the
political subdivision:  
   (1) Before drawing a draft map or maps of the proposed boundaries
of the districts, the political subdivision shall hold at least two
public hearings over a period of no more than thirty days, at which
the public is invited to provide input regarding the composition of
the districts.  
   (2) After all draft maps are drawn, the political subdivision
shall release at least one draft map and, if members of the governing
body of a political subdivision will be elected in their districts
at different times to provide for staggered terms of office, the
potential sequence of the elections. The political subdivision shall
also hold at least two additional hearings over a period of no more
than 45 days, at which the public is invited to provide input
regarding the content of the draft map or maps and the proposed
sequence of elections, if applicable.  
   (b) In determining the final sequence of the district elections
conducted in a political subdivision in which members of the
governing body will be elected at different times to provide for
staggered terms of office, the governing body shall give special
consideration to the purposes of the California Voting Rights Act of
2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of
the Elections Code), and it shall take into account the preferences
expressed by members of the districts.  
   (b) 
    (c)  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) 
   (d)  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.    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.  
  SECTION 1.    Section 14029 of the Elections Code
is amended to read:
   14029.  (a) Upon a finding of a violation of Section 14027 and
Section 14028, the court shall implement appropriate remedies,
including the imposition of district-based elections, that are
tailored to remedy the violation.
   (b) If a court imposes district-based elections in a political
subdivision pursuant to subdivision (a), and if the members of the
governing body of the political subdivision will be elected in their
districts at different times to provide for staggered terms of
office, the districts that have the largest populations of members of
the protected class shall elect their governing board members at the
first election under the district-based election system. 

  SEC. 2.    Section 34887 is added to the Elections
Code, to read:
   34887.  If, during the implementation of by district or from
district elections pursuant to this article, the members of the
legislative body will be elected in their districts at different
times to provide for staggered terms of office, a city shall not
select district election dates for the purpose of, or in a manner
that will have the effect of, impairing the ability of a protected
class, as defined in Section 14026 of the Elections Code, to elect
candidates of its choice or its ability to influence the outcome of
an election, as a result of the abridgment of the rights of voters
who are members of the protected class.