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 ----------------------------------------------------------------- |Author: |Alejo | |-----------+-----------------------------------------------------| |Version: |6/1/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- 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: AB 350 (Alejo) Page 2 of ? 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 AB 350 (Alejo) Page 3 of ? 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. AB 350 (Alejo) Page 4 of ? 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 AB 350 (Alejo) Page 5 of ? 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 AB 350 (Alejo) Page 6 of ? 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. AB 350 (Alejo) Page 7 of ? PRIOR ACTION ------------------------------------------------------------------ |Assembly Floor: |50 - 25 | |--------------------------------------+---------------------------| |Assembly Judiciary Committee: | 7 - 3 | |--------------------------------------+---------------------------| |Assembly Elections and Redistricting | 4 - 2 | |Committee: | | ------------------------------------------------------------------ POSITIONS Sponsor: Author Support: American Civil Liberties Union Mexican American Legal Defense and Educational Fund Oppose: None received -- END --