BILL ANALYSIS Ó
AB 2389
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
AB 2389
(Ridley-Thomas) - As Amended April 5, 2016
SUBJECT: Special districts: district-based elections:
reapportionment.
SUMMARY: Authorizes special districts to change the method of
electing governing board members from at-large to a by-district
method of election without receiving voter approval.
Specifically, this bill:
1)Authorizes a governing body of a special district,
notwithstanding any other law, to adopt a resolution that
requires members of its governing body to be elected using
district-based elections without being required to submit the
resolution to the voters for approval.
2)Requires the resolution to include a declaration that the
change in the method of electing members of the governing body
is in furtherance of the purposes of the California Voting
Rights Act of 2001.
3)Defines "special district" to mean "any agency of the state
formed pursuant to general law or special act for the local
performance of governmental or proprietary functions within
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limited boundaries, except a city, county, city and county,
school or community college district, or special assessment
district."
EXISTING LAW:
1)Establishes the Uniform District Elections Law which provides
that the principal act shall govern whether directors are
elected by divisions or by the district at-large.
2)Provides definitions for the following term which govern the
election process for most local governments' legislative
bodies:
a) An "at-large" election allows a voter residing anywhere
within the local government's boundaries to vote for any
candidate for the governing board;
b) A "by districts" election allows a voter to vote only
for a candidate who runs and resides in the same
geographical district in which the voter resides; and,
c) A "from district" election allows a voter residing
anywhere within a local government's boundaries to vote for
any candidate for a local government's governing board, but
each candidate must run in the geographical district where
he or she resides.
3)Prohibits, pursuant to the California Voting Rights Act of
2001 (CVRA), an at-large method of election from being imposed
or applied in a political subdivision (including a special
district) 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 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:
1)Bill Summary. This bill authorizes a governing body of a
special district to adopt a resolution that requires members
of its governing body to be elected using district-based
elections without being required to submit the resolution to
the voters for approval. The resolution to convert the
district's method of electing members of the governing board
must include a declaration that the change is being made in
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furtherance of the purposes of the California Voting Rights
Act of 2001. This bill, notwithstanding any other law,
applies to all special districts formed pursuant to general
law or special act, except a city, county, city and county,
school or community college district, or special assessment
district. This bill is sponsored by the Mexican American
Legal Defense and Educational Fund (MALDEF).
2)Author's Statement. According to the author, "Current law
provides for different forms
of government for special districts in California. Depending on
the type of district, a special district can be organized so
that members of the governing board are elected at-large or
are elected using districts. The CVRA is designed to protect
against at-large election systems that dilute minority voting
rights. As a result of the CVRA, local governments throughout
the state have been transitioning from at-large to
district-based elections.
"If a special district wishes to move from at-large elections
to a district-based method of election to address concerns
under the CVRA, existing law provides no uniform process for
accomplishing that conversion. This voter approval
requirement, however, can make it difficult and costly for
jurisdictions to proactively transition to district-based
elections in order to address potential liability under the
CVRA. AB 2389 allows a special district that is concerned
about liability under the CVRA to voluntarily convert from
at-large to district-based elections without the expense of a
ballot initiative. This bill mirrors a similar process that
is already in place for general law cities with populations of
fewer than 100,000 people."
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3)Background. Under existing law, a special district can be
organized so that its governing board members are elected
at-large or elected using districts. Jurisdictions that are
organized using district-based methods are usually organized
as "by-district" or "from-district." A "by-district"
jurisdiction allows only the registered voters in a district
to vote in the election to choose the governing board member
from that area. A "from-district" jurisdiction permits
registered voters in the entire jurisdiction to vote for
governing board members from each of the districts. In either
case, a candidate for the governing board must reside in the
district in which he or she is running.
There is no uniform process for a special district to convert
from at-large elections to a district-based method of
election. Current law provides that the principal act of a
special district shall govern whether the governing board
members are elected by districts or by the district at-large.
Moreover, depending on the kind of district and its size,
existing law may specify which method of election it is
required to use to elect its governing board members, as well
as the process for conversion.
4)Related Legislation. SB 927 (Anderson), pending in the
Assembly, authorizes directors of any public utility district
that is wholly or partially within San Diego County to be
elected at large, by subdistrict, or from subdistricts, as
defined.
5)Policy Considerations. The Committee may wish to consider the
following logistics :
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a) Landowner Voter Districts. This bill requires a special
district to include a declaration in the resolution to
change the method of electing members of the governing body
to be done in furtherance of the purposes of the California
Voting Right Act of 2001. The principal acts for some
types of special districts, California Water Districts,
Levee Districts, and specified irrigation districts, limit
voting to landowners in the District. The Committee may
wish to note adopting that declaration may pose a challenge
for landowner voter districts.
b) Resolution, then what? Under existing law, some
principal acts contain a conversion process from at-large
elections to district elections, and establish requirements
on how a governing board draws the divisions and prohibits
the change from happening within so many days before an
election. The Committee may wish to consider that this
bill provides the process for the board to adopt a
resolution to change the method of voting, but does not
contain any further parameters for special districts in the
conversion process.
6)Committee Amendments. The Committee may wish to ask the
author to accept the following amendments:
a) Special Act Special Districts. The bill authorizes any
special district, whether created by general or special
law, to change the method of electing directors. The
Legislature has created a number of special act special
districts in circumstances where a principal act could not
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be used. Many special acts establish a specific governance
structure which may require an appointed board, a hybrid
appointed-elected board, or that certain board members must
be from designated cities or counties. The Committee may
wish to amend this bill to only apply to special districts
whose governing boards are elected and not appointed.
b) Uniform District Elections Law. The principal acts for
many types of special districts include cross references to
the Uniform District Elections Law to govern election
procedures. Additionally, the Uniform District Elections
Law provides that principal acts shall govern whether a
director is elected by division or at large. The Committee
may wish to ask the author to include a cross reference to
the authority granted by this bill in the Uniform District
Elections Law which many special districts look to govern
election procedures.
7)Arguments in Support. MALDEF argues, "AB 2389 would give the
boards of all special districts in California the authority to
convert from at-large to by-district elections by board
ordinance, in the same way that last session's SB 493
(Cannella) conferred that authority on general law cities
under 100,000 in population and provide uniformity. AB 2389
would thus provide to special districts the flexibility to end
minority vote dilution caused by at-large electoral systems
without enduring costly litigation. For example, in 2015,
MALDEF filed a voting rights lawsuit against Fallbrook's
Public Utility District under CVRA. Fallbrook recently
entered into a court-approved settlement agreement, and has
now converted to district elections. This legislation would
have given the Fallbrook Board of Directors the option of
avoid litigation entirely, with the same result."
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8)Arguments in Opposition. None on file.
9)Double-Referral. This bill was heard by the Elections and
Redistricting Committee on March 30, 2016, where it passed
with a 5-2 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Mexican American Legal Defense and Educational Fund [SPONSOR]
Association of California Water Agencies
Association of Healthcare Districts
California Association of Recreation and Park Districts
California Special Districts Association
Lawyers' Committee for Civil Rights
League of Women Voters of California
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Opposition
None on file
Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958