Amended in Senate August 15, 2016

Amended in Senate June 1, 2016

Amended in Senate February 29, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 350

Introduced by Assembly Member Alejo

February 17, 2015

An act to amend Section 10010 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 350, as amended, Alejo. 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.

begin insert

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 its provisions.

end insert begin insert

This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commenced litigation, and it would stay the prospective plaintiff’s ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice.

end insert

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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, or that establishes
district-based elections, shall do all of the following before a public
hearing at which the governing body of the political subdivision
votes to approve or defeat begin delete a proposal to establish the district
boundaries of the political subdivision: end delete begin insert an ordinance establishing
district-based elections: end insert

(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. begin insert Before these hearings, the political
subdivision may conduct outreach to the public, including to
non-English-speaking communities, to explain the districting
process and to encourage public participation. end insert

(2) After all draft maps are drawn, the political subdivision shall
begin insert publish and make available for end insert release at least one draft map and,
if members of the governing body of begin delete a end delete begin insert the end insert 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. begin insert The
first version of a draft map shall be published at least seven days
before consideration at a hearing. If a draft map is revised at or
following a hearing, it shall be published and made available to
the public for at least seven days before being adopted. end insert

(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 begin delete the Elections Code), end delete begin insert this code), end insert and it shall take into account
the preferences expressed by members of the districts.

(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.

(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.

begin insert

(e) (1) Before commencing an action to enforce Sections 14027
and 14028, a prospective plaintiff shall send by certified mail a
written notice to the clerk of the political subdivision against which
the action would be brought asserting that the political
subdivision’s method of conducting elections may violate the
California Voting Rights Act.

end insert begin insert

(2) A prospective plaintiff shall not commence an action to
enforce Sections 14027 and 14028 within 45 days of the political
subdivision’s receipt of the written notice described in paragraph
(1).

end insert begin insert

(3) (A) Before receiving a written notice described in paragraph
(1), or within 45 days of receipt of a notice, a political subdivision
may pass a resolution outlining its intention to transition from
at-large to district-based elections, concrete steps it will undertake
to facilitate this transition, and an estimated time frame for doing
so.

end insert begin insert

(B) If a political subdivision passes a resolution pursuant to
subparagraph (A), a prospective plaintiff shall not commence an
action to enforce Sections 14027 and 14028 within 90 days of the
resolution’s passage.

end insert begin insert

(f) (1) If a political subdivision adopts an ordinance establishing
district-based elections pursuant to subdivision (a), a prospective
plaintiff who sent a written notice pursuant to subdivision (e)
before the political subdivision passed its resolution of intention
may, within 30 days of the ordinance’s adoption, demand
reimbursement for the cost of the work product generated to
support the notice. A prospective plaintiff shall make the demand
in writing and shall substantiate the demand with financial
documentation, such as a detailed invoice for demography services.
A political subdivision may request additional documentation if
the provided documentation is insufficient to corroborate the
claimed costs. A political subdivision shall reimburse a prospective
plaintiff for reasonable costs claimed, or in an amount to which
the parties mutually agree, within 45 days of receiving the written
demand, except as provided in paragraph (2). In all cases, the
amount of the reimbursement shall not exceed the cap described
in paragraph (3).

end insert begin insert

(2) If more than one prospective plaintiff is entitled to
reimbursement, the political subdivision shall reimburse the
prospective plaintiffs in the order in which they sent a written
notice pursuant to paragraph (1) of subdivision (e), and the 45-day
time period described in paragraph (1) shall apply only to
reimbursement of the first prospective plaintiff who sent a written
notice. The cumulative amount of reimbursements to all prospective
plaintiffs shall not exceed the cap described in paragraph (3).

end insert begin insert

(3) The amount of reimbursement required by this section is
capped at $30,000, as adjusted annually to the Consumer Price
Index for All Urban Consumers, U.S. city average, as published
by the United States Department of Labor.

end insert

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.