BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2220


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          Date of Hearing:   May 4, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


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


          SUBJECT:  Elections in cities:  by or from district.


          SUMMARY:  Allows any city to adopt an ordinance requiring the  
          city council to be elected by district without being required to  
          submit the ordinance to the voters.


          EXISTING LAW:  


          1)Allows a city to provide for city council members to be  
            elected by districts or from districts, as specified.  Such a  
            change shall occur only upon the approval of voters of a  
            measure submitted to them by the city council or placed on the  
            ballot through the initiative process.



          2)Allows, notwithstanding the provisions of 1), above, a city  
            with less than 100,000 people to adopt an ordinance requiring  
            the city council to be elected by district or by district with  
            an elective mayor, without being required to submit the  
            ordinance to the voters for approval.










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          3)Prohibits, pursuant to the California Voting Rights Act  
            (CVRA), an at-large method of election from being imposed or  
            applied in a political subdivision (including a city) in a  
            manner that impairs 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, 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:  None


          COMMENTS:  









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          1)Bill Summary.  This bill expands existing law, which allows a  
            city with less than 100,000 people, to adopt an ordinance  
            requiring the city council to be elected by district without  
            submitting the ordinance to the voters for approval, to  
            include all cities.  This bill is sponsored by the League of  
            California Cities and the Mexican American Legal Defense and  
            Educational Fund (MALDEF).



          2)Author's Statement.  According to the author, "AB 2220  
            provides large cities with a cost effective 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?





            "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?Cities have reported costs ranging  
            from $1,000,000 to $6,000,000 in legal fees and election costs  








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            associated with CVRA litigation and 'by-district' conversions.  
             These important local resources can be better used providing  
            critical services for the community."





          3)Background.  The CVRA was enacted 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 usually votes for majority  
            candidates rather than for minority candidates.  In such  
            situations, breaking up a jurisdiction 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.



            The CVRA also allows a prevailing plaintiff to recover  
            attorney's fees and litigation expenses to increase the  
            likelihood that attorneys will be willing to bring challenges  
            under the law.  










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            At least 160 local government bodies have transitioned from  
            at-large to district-based elections since the enactment of  
            the CVRA in 2002.  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.





          4)Voter Approval and Waivers.  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.  However, the State Board  
            of Education (SBE) and the Board of Governors (BOG) of the  
            California Community Colleges can waive the voter-approval  
            requirement for school districts and community college  
            districts.  The SBE and the BOG have granted nearly 150  
            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.  



            Prior to SB 493, there was no provision in statute for cities  
            to dispense with the voter-approval requirement to move from  
            at-large to district-based elections, if those governmental  
            bodies had concerns about liability under the CVRA.  However,  
            in at least some cases, judges approved settlements to CVRA  
            lawsuits that allowed the governing body to transition from  
            at-large to district-based elections without voter approval.










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          5)General Law vs. Charter Cities.  The California Constitution  
            gives cities the ability to exercise greater control over  
            municipal affairs through the adoption of a charter by a  
            majority vote of the city's electors voting on the question.   
            Cities that have not adopted charters are commonly referred to  
            as "general law" cities, because such cities are subject to  
            the state's general laws, regardless of whether those laws  
            concern a municipal affair.  



            The California Constitution grants charter cities the plenary  
            authority, subject only to restrictions contained in specified  
            provisions of the California Constitution, to provide for the  
            manner in which municipal officers are elected or appointed.  





            This bill seeks to regulate the manner in which municipal  
            officers are elected.  It is not clear whether this bill would  
            apply to charter cities.  According to the League of  
            California Cities, sponsor of this bill, if the charter of a  
            charter city contains provisions that contradict this bill,  
            the charter would take precedence.  Conversely, if a city  
            charter does not specify elections procedures or contains  
            language stating that state elections laws shall govern that  
            city's elections, the provisions of this bill would apply.





            For example, the City of Visalia's charter states, "The  
            Council may, by ordinance, make further provisions as to the  








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            manner of holding and conducting elections.  The provisions of  
            the laws of the State of California relating to municipal  
            elections, the qualifications of electors, the manner of  
            voting, the duties of election officers, and all other  
            particulars so far as they may be applicable, shall govern all  
            municipal elections, except as otherwise provided in this  
            Charter, or by such ordinance, provided, that no primary  
            elections shall be held."





            California has 121 charter cities.  It is not known how many  
            of these charters conflict with the provisions of this bill  
            and how many charters harmonize with this bill.





          6)Related Legislation.  AB 278 (Roger Hernández) contains  
            provisions that are identical to this bill, but also contains  
            other provisions governing the creation of district boundaries  
            in cities.  A similar version of AB 278 was heard by this  
            Committee on April 29, 2015, and passed on a 5-1 vote.  AB 278  
            is pending in the Senate Elections and Constitutional  
            Amendments Committee.



          7)Previous Legislation.  SB 493 (Cannella), Chapter 735,  
            Statutes of 2015, allowed California's smaller cities (of  
            100,000 or less in population) to adopt an ordinance, without  
            going to the voters, that requires the city to elect its  
            council members by district, or by district with an elective  
            mayor.










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            AB 2715 (Roger Hernández) and AB 1383 (Roger Hernández) of  
            2014 would have allowed cities with a population of 100,000 or  
            more to elect city council members by district.  


            AB 2715 was held in the Assembly Appropriations Committee and  
            AB 1383 was held in the Senate Rules Committee.



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





            SB 1365 (Padilla) of 2014 would have prohibited the use of a  
            district-based election in a political subdivision, if it  
            would impair the ability of a protected class to elect  
            candidates of its choice or otherwise influence the outcome of  
            an election as a result of the dilution or the abridgment of  
            the rights of voters who are members of a protected class, and  
            would have required a court to implement specified remedies.   
            SB 1365 was vetoed with the following message: "While there is  
            progress to be made, the federal Voting Rights Act and the  
            California Voting Rights Act already provide important  
            safeguards to ensure that the voting strength of minority  
            communities is not diluted."





            AB 1979 (Roger Hernández) of 2012 would have required the City  








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            of West Covina to elect city council members by districts,  
            instead of at-large.  AB 1979 was held in the Assembly  
            Elections and Redistricting Committee.





            AB 450 (Jones-Sawyer) of 2013 would have required the Los  
            Angeles Community College District to elect governing board  
            members by trustee area, instead of at-large.  AB 450 was held  
            in the Assembly Appropriations Committee.





          8)Arguments in Support.  The League of California Cities,  
            co-sponsor of this bill, writes, "Last year, SB 493 (Cannella)  
            provided an option for cities with a population of less than  
            100,000 to switch to district based elections by ordinance.   
            Since its passage, three cities have already used this tool.   
            Providing this option furthers the intent and impact of the  
            California Voters Rights Act (CVRA) while relieving local  
            jurisdictions of costly and extensive lawsuits.



            "The CVRA provides generous recovery for attorney's fees.  As  
            a consequence, cities have incurred extremely high legal costs  
            - some as high as 7 million dollars.  This is money taken off  
            of the table for increased civic engagement, public safety or  
            other critical public services and instead going to  
            plaintiffs' attorneys.













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            "The by-ordinance option allows cities to be proactive and  
            quickly switch to district elections before a lawsuit is  
            brought.  This process is much quicker and less expensive than  
            placing the question on the ballot for voter approval.  It is  
            equally important to note that cities are not insulated from  
            further litigation if their voters reject district-based  
            elections.  For example, the City of Highland is still tied up  
            in a lengthy litigation after voters rejected their ballot  
            measure for district based elections."





          9)Arguments in Opposition.  None on file.
           


           10)Double-Referral.  This bill was heard by the Elections and  
            Redistricting Committee on 
          April 13, 2016, where it passed with a 5-2 vote.












          REGISTERED SUPPORT / OPPOSITION:




          Support








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          League of California Cities [CO-SPONSOR]


          Mexican American Legal Defense and Educational Fund [CO-SPONSOR]


          Cities of Chino Hills, Elk Grove, Fontana, Highland, and Rancho  
          Cucamonga


          City Clerks Association of California


          Lawyers' Committee for Civil Rights


          League of Women Voters


          Los Angeles County Division, League of California Cities


          Riverside County Division, League of California Cities




          Opposition


          None on file




          Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958









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