BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 350


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          CONCURRENCE IN SENATE AMENDMENTS
          AB  
          350 (Alejo)


          As Amended  August 17, 2016


          Majority vote


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          |ASSEMBLY:  |      |(January 25,   |SENATE: |27-12 |(August 22,      |
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                 (vote not relevant)


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          |COMMITTEE VOTE: |6-3  |(August 25,     |RECOMMENDATION:   |concur     |
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          (JUD.)


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          |COMMITTEE VOTE: |5-2  |(August 29,     |RECOMMENDATION:   |concur     |
          |                |     |2016)           |                  |           |
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                                                                     AB 350


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          (E. & R.)




          Original Committee Reference:  E. & R.


          SUMMARY:  Requires a political subdivision that changes to, or  
          establishes, district-based elections to hold at least two  
          public hearings both before and after drawing a preliminary map  
          or maps of the proposed district boundaries, as specified.   
          Requires that written notice be provided before an action can be  
          brought against a political subdivision under the California  
          Voting Rights Act of 2001 (CVRA).


          The Senate amendments delete the Assembly version of this bill,  
          and instead:


          1)Require a political subdivision that changes from an at-large  
            method of election to a district-based election, or that  
            establishes district-based elections, to do all of the  
            following before adopting the ordinance establishing  
            district-based elections:


             a)   Hold at least two public hearings over a period of no  
               more than 30 days before drawing a draft map or maps of the  
               proposed boundaries, as specified; 


             b)   After draft map or maps are drawn, publish and make the  
               draft maps available along with the potential sequence of  
               elections if the terms of office under the new districts  
               are to be staggered;








                                                                     AB 350


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             c)   Hold at least two additional public hearings after the  
               release of the draft map or maps, with the first hearing  
               held no sooner than seven days after the release of the map  
               or maps, and the second hearing held no more than 45 days  
               after the first hearing, as specified; 


             d)   Make any revised draft map available to the public for  
               at least seven days before the map can be adopted; and,


             e)   Give special consideration to the purposes of the CVRA,  
               as specified, when determining the sequence of district  
               elections if the terms of office are to be staggered.


          2)Require a prospective plaintiff to send a written notice to a  
            political subdivision before commencing an action against that  
            political subdivision under the CVRA, as specified.


             a)   Prohibit a prospective plaintiff from commencing an  
               action under the CVRA within 45 days of the written notice  
               being provided.  


             b)   Permit a political subdivision, prior to receiving a  
               written notice or within 45 days after receiving a written  
               notice, to pass a resolution outlining its intention to  
               transition to district-based elections, as specified.   
               Provide that an action to enforce the CVRA may not be  
               commenced within 90 days of the passage of such a  
               resolution. 


             c)   Permit a prospective plaintiff that sent a written  
               notice to a political subdivision before that subdivision  
               passed a resolution of intention to transition to  
               district-based elections to recover the cost of the work  
               product generated to support the notice, as specified.   








                                                                     AB 350


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               Require the political subdivision to reimburse the  
               prospective plaintiff for reasonable costs claimed, as  
               specified.  Limit the amount that a prospective plaintiff  
               may recover from a political subdivision that voluntarily  
               transitions to district-based elections after receiving a  
               written notice to the lesser of $30,000 or the cost of the  
               work product generated to support the notice, as specified.  
               


          EXISTING LAW 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 before a public  
          hearing at which the governing body of the political subdivision  
          votes to approve or defeat the proposal.


          AS PASSED BY THE ASSEMBLY, this bill expanded the CVRA to allow  
          challenges to district-based elections to be brought under the  
          CVRA, as specified.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, costs for districts to hold the required public  
          hearings would be state reimbursable, and statewide costs would  
          depend on the number of governments changing to district-based  
          elections.  Costs would be minimized to the extent the public  
          hearings are consolidated with regularly-scheduled meetings of  
          the governing body.  Overall, annual state costs are unknown,  
          but likely minor.


          COMMENTS:  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  
          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.









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          "In November of 2015, the Anaheim City Council scheduled the  
          elections for the two Latino plurality districts 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 which turnout is  
          traditionally decreased.


          "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 draft maps are drawn.   



          "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 draft maps are drawn.   
          For governments who are willing to transition to district-based  
          elections, this bill will allow cities to have 90 days to pass a  
          resolution of intent or an ordinance to transition to  
          district-based [elections] before any legal action can be taken  
          by outside parties alleging a violation of the CVRA."


          This bill was substantially amended in the Senate and the  
          Assembly-approved provisions of this bill were deleted.  As a  
          result, this bill was re-referred to the Assembly Judiciary  
          Committee and the Assembly Elections and Redistricting Committee  
          pursuant to Assembly Rule 77.2.  Both committees subsequently  
          recommended that the Assembly concur in the Senate amendments.


          Please see the policy committee analysis for a full discussion  
          of this bill.


          Analysis Prepared by:                                             








                                                                     AB 350


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                          Ethan Jones / E. & R. / (916) 319-2094  FN:  
          0004982