BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 493|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 493
Author: Cannella (R)
Amended: 4/20/15
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 5/6/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
SUBJECT: Elections in cities: by or from districts
SOURCE: Author
DIGEST: This bill authorizes the legislative body of a city to
adopt an ordinance that requires members of the legislative body
to be elected by district or by district with an elective mayor
without being required to submit the ordinance to the voters for
approval.
ANALYSIS:
Existing law:
1)Permits a general law city that elects its councilmembers
through at-large elections to change to a by-district
electoral system, provided that the city's voters approve the
change through a ballot measure or the initiative process.
2)Prohibits cities from imposing at-large city council elections
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Page 2
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.
3)Requires courts, in cases where at-large city council
elections impermissibly result in racially polarized voting,
to implement appropriate remedies, including the imposition of
district-based elections.
This bill 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.
Background
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 2001 (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
candidate of its choice or otherwise have the power to influence
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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
2001. 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/8/15)
City of Ceres
City of Greenfield
Latino Community Roundtable
League of California Cities
OPPOSITION: (Verified5/8/15)
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None received
ARGUMENTS IN SUPPORT: According to the author, "California
cities have commonly used at-large election methods to select
their legislative bodies. However, since the passage of the
California Voting Rights of 2001 (CVRA), many cities have
switched from electing their city councils at-large to
by-district. Those continuing to use at-large elections have
increasingly found themselves faced with lawsuits asserting that
racially polarized voting is occurring and demanding that
district-based elections be implemented.
"SB 493 would allow general law cities to switch from at-large
city council elections to district-based without a vote of the
people."
Prepared by: Toren Lewis / GOV. & F. / (916) 651-4119
5/15/15 16:56:48
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