BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 350         Hearing Date:    6/21/16    
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          |Author:    |Alejo                                                |
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          |Version:   |6/1/16                                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Frances Tibon Estoista                               |
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             Subject:  District-based municipal elections:  preapproval  
                                      hearings.

           DIGEST
           
          This bill requires 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.

           ANALYSIS
           
          Existing law:

          1)Requires a political subdivision that changes from an at-large  
            method of election to a district-based election to hold at  
            least two public hearings on a proposal to establish the  
            district boundaries of the political subdivision prior to a  
            public hearing at which the governing body of the political  
            subdivision votes to approve or defeat the proposal.

          2)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.

          3)Provides the following terms have the following meanings:

             a)   At-large method of election" means any of the following  
               methods of electing members to the governing body of a  
               political subdivision:







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               i)     One in which the voters of the entire jurisdiction  
                 elect the members to the governing body.

               ii)         One required to reside within given areas of  
                 the jurisdiction and the voters of the entire  
                 jurisdiction elect the members to the governing body.

               iii)        One which combines at-large elections with  
                 district-based elections.

             b)   "District-based elections" means a method of electing  
               members to the governing body of a political subdivision in  
               which the candidate must reside within an election district  
               that is a divisible part of the political subdivision and  
               is elected only by voters residing within that election  
               district.

             c)   "Political subdivision" means a geographic area of  
               representation created for the provision of government  
               services, including, but not limited to, a general law  
               city, general law county, charter city, charter county,  
               charter city and county, a school district, community  
               college district, or other district organized pursuant to  
               state law.

          This bill:

           1) Requires a political subdivision that changes from an  
             at-large method of election to a district-based election, or  
             that establishes district-based elections, do all of the  
             following  before  a public hearing at which the governing body  
             of the political subdivision votes to approve or defeat a  
             proposal to establish the district boundaries of the  
             political subdivision:

             a)   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.

             b)   After all draft maps are drawn, the political  
               subdivision shall release at least one draft map and, if  








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               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.

           2) Provides that 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(CVRA),  
             and shall take into account the preferences expressed by  
             members of the districts.

           3) 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.

           4) Makes conforming changes to specified terms and their  
             meanings in existing law.

           BACKGROUND
           
           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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          Prior to the enactment of the CVRA, concerns about racial block  
          voting led to the consideration of a number of bills that sought  
          to prohibit at-large voting in certain political subdivisions  
          (for instance, AB 2 (Chacon, of the 1989-90 regular session); AB  
          1002 (Chacon, of the 1991-92 regular session); AB 2482 (Baca, of  
          the 1993-94 regular session); and AB 172 (Firebaugh, of the  
          1999-2000 regular session) all proposed to prohibit at-large  
          elections in school districts that met certain criteria;  
          additionally, AB 8 (Cardenas) and AB 1328 (Cardenas, both of the  
          1999-2000 regular session), sought to eliminate the at-large  
          election system within the Los Angeles Community College  
          District).  None of these bills became law-in many cases the  
          bills were vetoed, while in other cases, the bills failed to  
          reach the Governor's desk.  For those bills that were vetoed,  
          the veto messages typically stated that the decision to create  
          single-member districts was best made at the local level, and  
          not by the state.

          The CVRA followed these unsuccessful efforts; rather than  
          prohibiting at-large elections in certain political  
          subdivisions, the CVRA instead established a policy that an  
          at-large method of election could not be imposed in situations  
          where it could be demonstrated that such a policy had the effect  
          of impairing the ability of a protected class of voters to elect  
          a candidate of its choice or its ability to influence the  
          outcome of an election.  The CVRA specifically provided for a  
          prevailing plaintiff party to have the ability to recover  
          attorney's fees and litigation expenses to increase the  
          likelihood that attorneys would be willing to bring challenges  
          under the law.

          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  








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          due to the CVRA.  Generally, 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, though the State Board of Education  
          (SBE) and the Board of Governors (BOG) of the California  
          Community Colleges have the authority to waive the  
          voter-approval requirement for school districts and community  
          college districts, respectively.  In all, the SBE and the BOG  
          have combined to grant nearly 120 requests for waivers from the  
          voter-approval requirement for school districts and community  
          college districts that have sought to move to district-based  
          elections for board members due to concerns about potential  
          liability under the CVRA.  According to information compiled by  
          the Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area, at least a dozen other local jurisdictions statewide have  
          transitioned to electing governing board members by districts as  
          a result of settlements to lawsuits brought under the CVRA.  In  
          all, approximately 130 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.

           COMMENTS
                                           
            1) According to the author  :  Last year, the City of Anaheim  
             began its transition from at-large city council elections to  
             district-based elections after a lawsuit by the American  
             Civil Liberties Union of Southern California and Latino  
             activists in 2012.  In November 2014, the people of Anaheim  
             approved two ballot measures that would effect this  
             transition.  The first approved district maps provided for  
             two Latino plurality districts and one majority Latino  
             district.

             In November of 2015, the Anaheim City Council scheduled the  
             elections for the two Latino plurality district for 2016, but  
             scheduled the elections for the only Latino majority district  
             for 2018.  The scheduling of the only Latino majority  
             district in a midterm election year could have the effect of  
             putting the elections for a district whose population  
             consists of a majority of a protected class during a cycle in  








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             which turnout is traditionally decreased.

             This decision created an outrage amongst the Latino community  
             in the city, and forced Anaheim to schedule the majority  
             Latino district for 2016 before facing another lawsuit  
             violating the state and Federal Voting Right Act.

             Nothing in existing law would stop another city from  
             following Anaheim's example in scheduling its staggered city  
             council districts in a manner that would dilute and suppress  
             the vote of a protected class in violation of the state  
             Voting Rights Act.

             AB 350 will require local governments that are transitioning  
             from at-large to district-based elections under a court order  
             to hold at least two public hearing before drawing a draft  
             map and two public hearings after the one or more drafts maps  
             are drawn.

                               RELATED/PRIOR LEGISLATION
           
          AB 278 (R. Hernandez), 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.  AB 2389  
          (Ridley-Thomas), permits a special district to change the method  
          of electing its governing board members from at-large to a  
          by-district method of election without receiving voter approval.  
           Both bills are scheduled for hearing on June 29 in Senate  
          Governance and Finance Committee.

          AB 1440 (Campos, Ch. 873, Statutes of 2014), requires political  
          subdivisions that change from an at-large method of election to  
          a district-based election to hold public hearings, and requires  
          special districts to hold a public hearing before adjusting the  
          boundaries of a division.

          AB 2715 (R. Hernandez), would have required cities with a  
          population of 100,000 or more to elect city council members by  
          district, instead of at-large.  The bill was held in Assembly  
          Appropriations Committee.









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           PRIOR ACTION
           
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          |Assembly Floor:                       |50 - 25                    |
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          |Assembly Judiciary Committee:         |  7 - 3                    |
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          |Assembly Elections and Redistricting  |  4 - 2                    |
          |Committee:                            |                           |
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          POSITIONS
           
          Sponsor: Author

           Support: American Civil Liberties Union
                    Mexican American Legal Defense and Educational Fund

           Oppose:  None received

                                          
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