Amended in Assembly May 9, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2389


Introduced by Assembly Member Ridley-Thomas

February 18, 2016


An act tobegin insert amend Section 10508 of, andend insert add Part 5.5 (commencing with Section 10650) to Division 10begin delete ofend deletebegin insert of,end insert 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 voters 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 the members of its governing body be elected using district-based elections without being required to submit the resolution to the voters for approval. 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.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 10508 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

10508.  

The principal act shall govern whether directors of a
4district are elected by divisions or by the district at large.begin insert A
5governing body may require that the directors of the governing
6body be elected using district-based elections pursuant to Section
710650.end insert

8

begin deleteSECTION 1.end delete
9
begin insertSEC. 2.end insert  

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

11 

12PART 5.5.  Special District Elections

13

 

14

10650.  

(a) Notwithstanding any other law, a governing body
15of a special district may require, by resolution, that the members
16of its governing body be elected using district-based elections, as
17defined in subdivision (b) of Section 14026, without being required
18to submit the resolution to the voters for approval. A resolution
19adopted pursuant to this subdivision shall include a declaration
20that the change in the method of electing members of the governing
21body is being made in furtherance of the purposes of the California
22Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
2314025) of Division 14 of the Elections Code).

24(b) For purposes of this section, “special district” means an
25agency of the state formed pursuant to general law or special act
26for the local performance of governmental or proprietary functions
27within limitedbegin delete boundaries, exceptend deletebegin insert boundaries. “Special district”
28does not includeend insert
a city, county, city and county, school or
29community college district,begin delete orend delete special assessmentbegin delete district.end deletebegin insert district,
30or district with appointed members on its governing body.end insert



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