BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |SB 493 |Hearing |5/6/15 |
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|Author: |Cannella |Tax Levy: |No |
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|Version: |4/20/15 |Fiscal: |No |
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|Consultant|Lewis |
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Elections in cities: by or from districts
Permits a city that elects its city council at-large to enact an
ordinance switching its election method to by-district without
submitting the change to voters for approval.
Background and Existing Law
Existing law permits a general law city that elects its
councilmembers through at-large elections to provide for city
council members to be elected by district. A city may only
change its election method after the city's voters approve a
measure proposing a switch. The measure can either be submitted
to the voters by the city council or placed on the ballot
through the initiative process.
The California Voting Rights Act of 2002 (CVRA) prohibits cities
from imposing at-large city council elections in a manner that
impairs the ability of minority groups to elect a candidate of
their choice, or minorities' ability to influence the outcome of
an election. The CVRA was enacted to address racial block
voting in at-large elections for local office in California, in
which an at-large method of election dilutes 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
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candidate of its choice or otherwise have the power to influence
the outcome of an election. If a judge finds that a city's
at-large election method violates the CVRA, state law requires
the court to implement appropriate remedies, including the
imposition of district-based elections.
Over 130 local governments have switched 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. However,
submitting an ordinance to voters via the ballot initiative
process can be cumbersome and costly. Furthermore, there is no
guarantee that a city's voters will approve a proposed change,
no matter how proactive the city council.
Therefore, some officials now seek to remove the requirement in
state law that they must obtain voter approval before changing
their electoral system.
Proposed Law
Senate Bill 493 allows the legislative body of a city to adopt
an ordinance that requires members of the city's legislative
body to be elected by district or by district with an elective
mayor, without having to submit the ordinance to the city's
voters for approval.
State Revenue Impact
No estimate.
Comments
1.Purpose of the bill. Most California cities elect their city
councils through at-large elections. But, since the passage of
the California Voting Rights Act of 2001, an increasing number
of cities are opting to switch to by-district elections.
Numerous remaining cities that use at-large election methods
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have been sued under the CVRA by groups arguing that at-large
elections prevent minority groups from electing candidates
that represent their community or their interests. In all
such cases, citizens alleging that at-large elections violated
the CVRA prevailed. Reading the proverbial writing on the
wall, cities with at-large election methods want to avoid
inevitable CVRA lawsuits, but are also weary of the costly
process of submitting an ordinance to the voters for approval
to switch to by-district voting-which, ultimately, the voters
might reject. SB 493 would allow cities with at-large
elections to switch to by-district elections, as recommended
by many judges in CVRA lawsuits, without having to first go
through the costly and uncertain process of voter approval.
2.Who decides? Current law empowers voters to choose the method
by which they elect their city council. SB 493 would take
this power away from the voters and give it to city councils.
Legislators should think carefully before divesting the voters
of powers, especially a power as fundamental as choosing the
manner in which they elect their city representatives.
3.Charter cities vs. general law cities. State law permits a
city to provide for its own governance through the adoption of
a charter by a majority vote of its electors voting on the
question. Charter cities may provide for the method of city
elections in their city charters. Since SB 493 seeks only to
change the manner in which municipal officers are elected, the
provisions of this bill would apply only to general law
cities, and not charter cities.
Support and
Opposition (4/30/15)
Support : City of Ceres; City of Greenfield; Latino Community
Roundtable; League of California Cities.
Opposition : Unknown.
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