BILL ANALYSIS Ó
AB 2220
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ASSEMBLY THIRD READING
AB
2220 (Cooper)
As Amended May 19, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+---------------------|
|Elections |5-2 |Weber, Gordon, Low, |Harper, Travis Allen |
| | |Mullin, Nazarian | |
| | | | |
|----------------+-----+----------------------+---------------------|
|Local |8-0 |Eggman, Waldron, | |
|Government | |Mullin, Bonilla, | |
| | |Chiu, Cooley, Gordon, | |
| | |Linder | |
| | | | |
| | | | |
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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
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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.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: 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) [Chapter 735,
Statues of 2015,] 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
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approve converting to by-district elections."
Under existing law, a 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.
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
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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.
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.
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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Lori Barber / E. & R. / (916) 319-2094 FN:
0002974
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