Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2389

Introduced by Assembly Member Ridley-Thomas

February 18, 2016

An act to add Part 5.5 (commencing with Section 10650) to Division 10 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2389, as amended, Ridley-Thomas. Special districts: district-based elections: reapportionment.

Existing law provides for political subdivisions, including special districts, that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by or from districts formed within the political subdivision (district-based). Under existing law, the manner of election of a governing body of a special district is generally specified in the statutes creating the district. If a political subdivision changes from an at-large method of election to a district-based election, existing law generally requires the political subdivision to submit to the begin delete voter end delete begin insert voters end insert an ordinance or resolution providing for the election of members of the governing body by district.

This bill would authorize a governing body of a special district, as defined, to require, by resolution, that begin delete the election of end delete the members of its governing body be elected using district-based elections without being required to submit the resolution to the voters for approval. begin insert This bill would require the resolution to include a declaration that the change in the method of election is being made in furtherance of the purposes of the California Voting Rights Act of 2001. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Part 5.5 (commencing with Section 10650) is
added to Division 10 of the Elections Code, to read:

 

PART 5.5.  Special District Elections

 

10650.  

(a) Notwithstanding any other law, a governing body
of a special district may require, by resolution, that the begin delete election of
the end delete members of its governing body be elected using district-based
elections, as defined in subdivision (b) of Section 14026, without
being required to submit the resolution to the voters for approval.

begin insert A resolution adopted pursuant to this subdivision shall include a
declaration that the change in the method of electing members of
the governing body is being made in furtherance of the purposes
of the California Voting Rights Act of 2001 (Chapter 1.5
(commencing with Section 14025) of Division 14 of the Elections
Code). end insert

(b) For purposes of this section, “special district” means an
agency of the state formed pursuant to general law or special act
for the local performance of governmental or proprietary functions
within limited boundaries, except a city, county, city and county,
school or community college district, or special assessment district.