BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2220


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          Date of Hearing:  April 13, 2016 


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          AB 2220  
          (Cooper) - As Introduced February 18, 2016


          SUBJECT:  Elections in cities:  by or from district.




          SUMMARY:  Allows all cities, regardless of population, to change  
          the method of electing council members to a by-district method  
          of election without receiving voter approval.  Specifically,  
          this bill:


          1)Repeals the population limitation on a law that permits the  
            legislative body of a city with a population of fewer than  
            100,000 people to adopt an ordinance, without being required  
            to submit the ordinance to the voters for approval, that  
            requires the members of the legislative body to be elected by  
            districts, thereby giving all cities, regardless of population  
            the flexibility that is provided by that law.  


          2)Makes conforming changes.


          EXISTING LAW:  










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          1)Permits a city, with a population of fewer than 100,000  
            people, which elects its city council members at-large to  
            enact an ordinance switching its election method to  
            by-district without submitting the change to voters for  
            approval. Requires ordinances adopted pursuant to this  
            provision to be accompanied by a declaration that the change  
            is being made in furtherance of the purposes of the California  
            Voting Rights Act (CVRA) of 2001. 


          2)Permits a city, with a population of 100,000 people or more,  
            to submit an ordinance to the voters of the city to provide  
            for city council members to be elected in any of the following  
            ways:


             a)   By districts, in five, seven, or nine districts; 


             b)   From districts, in five, seven, or nine districts


             c)   By districts, in four, six, or eight districts, with a  
               mayor who is elected citywide; or,


             d)   From districts, in four, six, or eight districts, with a  
               mayor who is elected citywide.


            Provides that adoption of the ordinance shall occur only upon  
            the approval of the voters.  Provides that the term "by  
            districts," for the purposes of this provision, means the  
            election of members by voters of the district alone and  
            provides that "from districts" means the election of members  
            who are residents of the district from which they are elected,  
            but who are elected by voters of the city as a whole.  










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          3)Prohibits, pursuant to the CVRA, an at-large method of  
            election from being imposed or applied in a political  
            subdivision (including a city, county, city and county, school  
            district, and special district) in a manner that impairs the  
            ability of a protected class of voters to elect the candidate  
            of its choice or its ability 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 a protected class.


          4)Provides that a violation of the CVRA may be established if it  
            is shown that racially polarized voting occurs in elections  
            for members of the governing body of the political subdivision  
            or in elections incorporating other electoral choices by the  
            voters of the political subdivision. 


          5)Requires a court, upon finding a violation of the CVRA, to  
            implement appropriate remedies, including the imposition of  
            district-based elections, which are tailored to remedy the  
            violation.


          6)Permits any voter who is a member of a protected class and who  
            resides in a political subdivision where a violation of the  
            CVRA is alleged to file an action in the superior court of the  
            county in which the political subdivision is located.


          FISCAL EFFECT:  Keyed non-fiscal by the Legislative Counsel.


          COMMENTS:  


          1)Purpose of the Bill:  According to the author:  


               AB 2220 provides large cities with a cost effective  








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               method and streamlined process to convert from  
               at-large to by-district council elections while  
               furthering the purposes of the California Voting  
               Rights Act (CVRA).  


               Last year, the Governor signed SB 493 (Cannella) which  
               allows jurisdictions under 100,000 in population the  
               option to convert from at-large to by-district  
               elections by ordinance or resolution.  AB 2220 would  
               do the same for those jurisdictions over 100,000 in  
               population who opt to convert to by-district  
               elections.  Cities with populations over 100,000 in  
               California need a streamlined tool they can utilize to  
               convert to by-district elections if they decide to  
               convert on their own or when they are facing a  
               potential lawsuit under CVRA.  Since the enactment of  
               SB 493, 3 cities have already elected to convert to  
               by-district elections by ordinance or resolution.   
               This tool serves as a cost saving measure to  
               jurisdictions who face possible litigation under the  
               CVRA because it allows them to settle with the  
               plaintiffs and convert to by-district election system  
               quicker than by placing the question on the ballot for  
               voter approval.  Under current law jurisdictions over  
               100,000 are required to go to the voters to approve  
               converting to by-district elections.  For cities over  
               100,000 in population requiring them to gain voter  
               approval on the conversion can be costly and prolongs  
               the process that they are able to take towards a  
               settlement.   Cities have reported costs ranging from  
               $1,000,000 to $6,000,000 in legal fees and election  
               costs associated with CVRA litigation and  
               "by-district" conversions. These important local  
               resources can be better used providing critical  
               services for the community.


          2)At-Large vs. District-Based Elections: Under existing law, a  








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            city can be organized so that members of the city council are  
            elected at-large or are elected using districts.  In cities  
            that have districts, the city can be organized such that the  
            registered voters in the entire city vote for councilmembers  
            from each of the districts (known as "from district"  
            elections), or the city can be organized so that only the  
            registered voters in a district vote in the election to choose  
            the councilmember from that area (known as by-district  
            elections).  In either instance, a candidate for the city  
            council must reside in the district in which he or she is  
            running.





            For any city with a population of fewer than 100,000 people  
            that wishes to move from an at-large method of electing their  
            city council members, an ordinance may be adopted to switch  
            their method of voting to by-district elections without  
            seeking the approval of the voters, but a city with a  
            population of 100,000 or more requires the voters of the city  
            to approve the change.  If the voters reject the proposed  
            change, the city must continue holding elections using an  
            at-large method of election.





          3)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  








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            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.





            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 resolution of the Modesto case, however, many local  
            jurisdictions have converted or are in the process of  
            converting from an at-large method of election to  
            district-based elections due to the CVRA.  



            Generally, in order to move from an at-large method of  
            election to a district-based method of selecting governing  
            board members, local government bodies must first receive  
            approval from the voters.  This voter approval requirement can  
            be an obstacle for jurisdictions to proactively transition to  
            district-based elections in order to address potential  
            liability under the CVRA.  If a jurisdiction attempts to  
            transition from at-large to district-based elections to  








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            address CVRA concerns, but the voters reject the proposal, the  
            jurisdiction nonetheless remains subject to a lawsuit under  
            the CVRA.  Furthermore, to the extent that there is racially  
            polarized voting on the question of whether to transition from  
            at-large to district-based elections, the results of the vote  
            on that question could provide further evidence for a lawsuit  
            under the CVRA.  As a result, many jurisdictions have sought  
            ways to transition from at-large to district-based elections  
            without having to receive voter approval for such a change.  
            Since the enactment of the CVRA in 2001, at least 160 local  
            governments have switched from at-large to district based  
            elections.  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. 


            Notably, many school districts have transitioned from at-large  
            to district-based elections without receiving voter approval  
            in an effort to avoid potential liability under the CVRA.   
            Even though state law generally requires such a transition to  
            be approved by the voters in a school district, existing law  
            also permits the State Board of Education (SBE) to waive all  
            or part of any section of the Education Code, with certain  
            identified exceptions, upon request by the governing board of  
            a school district or county board of education.  The SBE  
            generally is required to approve any and all requests for  
            waivers unless it makes a finding that one of the seven  
            enumerated conditions exists. Since 2009, the SBE has approved  
            more than 130 waivers to permit school districts to change  
            from at-large to district-based elections without voter  
            approval, as would otherwise be required by the Education  
            Code.


            Furthermore, in response to concerns that community college  
            districts were subject to liability under the CVRA but were  
            unable to change from at-large to district-based elections  








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            without receiving voter approval, AB 684 (Block), Chapter 614,  
            Statutes of 2011, established a process under which a  
            community college district could transition from at-large to  
            district-based elections without receiving voter approval if  
            such a transition was first approved by the Board of Governors  
            (BOG) of the California Community Colleges, among other  
            provisions.  Since the enactment of AB 684, the BOG has  
            received and approved requests from approximately 20 community  
            college districts to change their election method from  
            at-large to district-based elections. 


            This bill would permit cities of any size (not just cities  
            with populations of less than 100,000) to transition to  
            district-based elections without receiving voter approval,  
            which could allow cities that potentially face liability under  
            the CVRA to proactively change their method of electing city  
            council members.  


          3)Arguments in Support: In support of this bill, the Lawyers'  
            Committee for Civil Rights writes:


               AB 2220 would authorize a city to enact an ordinance  
               switching its city council election method to  
               by-district without submitting it to the voters for  
               approval.  The bill would also allow the city council  
               to by-pass the voter approval process for those  
               jurisdiction with populations over 100,000 as  
               determined under the most recent decennial census in  
               the same way that last sessions' SB 493 (Cannella,  
               Statutes of 2015) conferred that authority on general  
               law cities under 100,000 in population and provide  
               uniformity.  


               The CVRA is designed to protect against at-large  
               election systems that dilute minority voting rights.   








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               As a result of the CVRA, local governments throughout  
               the state have been transitioning from at-large to  
               district based elections.  Since the passage of SB 493  
               last year, at least 3 municipalities have already  
               taken advantage and have voluntarily converted to  
               district based elections without the added difficulty  
               or confusion.


          4)Related or Previous Legislation: AB 2389 (Ridley-Thomas)  
            which was approved by this committee on a 5-2 vote and is  
            pending in the Assembly Local Government Committee, would  
            authorize the governing body of a special district to  
            adopt a resolution, without being required to submit the  
            resolution to the voters for approval, that requires  
            members of its governing body to be elected using  
            district-based elections to further the purposes of the  
            CVRA.  


            AB 278 (Roger Hernández) which is currently pending in  
            the Senate Elections and Constitutional Amendments  
            Committee, contains provisions that are identical to this  
            bill, but also contains other provisions governing the  
            creation of district boundaries in cities.   AB 278 was  
            previously considered and approved by this committee but  
            at that time, it would have required general law cities  
            with a population of 100,000 or more to elect city  
            council members through by-district elections.


            SB 493 (Cannella), Chapter 735, Statutes of 2015, permits a  
            general law city with a population of fewer than 100,000  
            people, to enact an ordinance switching its election method to  
            by-district without receiving voter approval.  SB 493  
            additionally requires any ordinance adopted to change the  
            method of election to be accompanied by a declaration that the  
            change is in furtherance of the purposes of the CVRA. 









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          5)Double-Referral:  This bill has been double referred to the  
            Assembly Committee on Local Government. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          League of California Cities (co-sponsor)


          Mexican American Legal Defense and Educational Fund (co-sponsor)


          American Civil Liberties Union of California


          City Clerks Association of California


          City of Fontana


          City of Rancho Cucamonga


          Lawyers' Committee for Civil Rights


          League of California Cities, Los Angeles County Division


          League of Women Voters of California









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          Opposition


          None on file.




          Analysis Prepared by:Lori Barber / E. & R. / (916) 319-2094