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.
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.
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.
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 10010 of the Elections Code is amended
2to read:
(a) A political subdivision that changes from an at-large
4method of election to a district-based election, or that establishes
5district-based elections, shall do all of the following before a public
P3 1hearing at which the governing body of the political subdivision
2votes to approve or defeat an ordinance establishing district-based
3elections:
4(1) Before drawing a draft map or maps of the proposed
5boundaries of the districts, the political subdivision shall hold at
6least two public hearings over a period of no more than thirty days,
7at which the public is invited to provide input regarding the
8composition of the districts. Before these hearings, the political
9
subdivision may conduct outreach to the public, including to
10non-English-speaking communities, to explain the districting
11process and to encourage public participation.
12(2) After all draft maps are drawn, the political subdivision shall
13publish and make available for release at least one draft map and,
14if members of the governing body of the political subdivision will
15be elected in their districts at different times to provide for
16staggered terms of office, the potential sequence of the elections.
17The political subdivision shall also hold at least two additional
18hearings over a period of no more than 45 days, at which the public
19is invited to provide input regarding the content of the draft map
20or maps and the proposed sequence of elections, if applicable. The
21first version of a draft map shall be published at least seven days
22before
consideration at a hearing. If a draft map is revised at or
23following a hearing, it shall be published and made available to
24the public for at least seven days before being adopted.
25(b) In determining the final sequence of the district elections
26conducted in a political subdivision in which members of the
27governing body will be elected at different times to provide for
28staggered terms of office, the governing body shall give special
29consideration to the purposes of the California Voting Rights Act
30of 2001 (Chapter 1.5 (commencing with Section 14025) of Division
3114 of this code), and it shall take into account the preferences
32expressed by members of the districts.
33(c) This section applies to, but is not limited to, a proposal that
34is required due to a court-imposed change from an
at-large method
35of election to a district-based election.
36(d) For purposes of this section, the following terms have the
37following meanings:
38(1) “At-large method of election” has the same meaning as set
39forth in subdivision (a) of Section 14026.
P4 1(2) “District-based election” has the same meaning as set forth
2in subdivision (b) of Section 14026.
3(3) “Political subdivision” has the same meaning as set forth in
4subdivision (c) of Section 14026.
5(e) (1) Before commencing an action to enforce Sections 14027
6and 14028, a prospective plaintiff shall send by certified mail a
7written
notice to the clerk of the political subdivision against which
8the action would be brought asserting that the political
9subdivision’s method of conducting elections may violate the
10California Voting Rights Act.
11(2) A prospective plaintiff shall not commence an action to
12enforce Sections 14027 and 14028 within 45 days of the political
13subdivision’s receipt of the written notice described in paragraph
14(1).
15(3) (A) Before receiving a written notice described in paragraph
16(1), or within 45 days of receipt of a notice, a political subdivision
17may pass a resolution outlining its intention to transition from
18at-large to district-based elections,begin delete concreteend deletebegin insert
specificend insert steps it will
19undertake to facilitate this transition, and an estimated time frame
20for doing so.
21(B) If a political subdivision passes a resolution pursuant to
22subparagraph (A), a prospective plaintiff shall not commence an
23action to enforce Sections 14027 and 14028 within 90 days of the
24resolution’s passage.
25(f) (1) If a political subdivision adopts an ordinance establishing
26district-based elections pursuant to subdivision (a), a prospective
27plaintiff who sent a written notice pursuant to subdivision (e) before
28the political subdivision passed its resolution of intention may,
29within 30 days of the ordinance’s adoption, demand reimbursement
30for the cost of the work product generated to support the notice.
31
A prospective plaintiff shall make the demand in writing and shall
32substantiate the demand with financial documentation, such as a
33detailed invoice for demography services. A political subdivision
34may request additional documentation if the provided
35documentation is insufficient to corroborate the claimed costs. A
36political subdivision shall reimburse a prospective plaintiff for
37reasonable costs claimed, or in an amount to which the parties
38mutually agree, within 45 days of receiving the written demand,
39except as provided in paragraph (2). In all cases, the amount of
P5 1the reimbursement shall not exceed the cap described in paragraph
2(3).
3(2) If more than one prospective plaintiff is entitled to
4reimbursement, the political subdivision shall reimburse the
5prospective plaintiffs in the order in which they sent a written
6notice
pursuant to paragraph (1) of subdivision (e), and the 45-day
7time period described in paragraph (1) shall apply only to
8reimbursement of the first prospective plaintiff who sent a written
9notice. The cumulative amount of reimbursements to all
10prospective
plaintiffs shall not exceed the cap described in
11paragraph (3).
12(3) The amount of reimbursement required by this section is
13capped at $30,000, as adjusted annually to the Consumer Price
14Index for All Urban Consumers, U.S. city average, as published
15by the United States Department of Labor.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
O
94