BILL ANALYSIS Ó
SB 493
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Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
SB
493 (Cannella) - As Amended July 7, 2015
SENATE VOTE: 29-3
SUBJECT: Elections in cities: by or from districts.
SUMMARY: Allows a city with less than 100,000 people to adopt
an ordinance requiring the city council to be elected by
district or by district with an elective mayor, without being
required to submit the ordinance to the voters for approval.
Specifically, this bill:
1)Allows the legislative body of a city with a population of
fewer than 100,000 people to adopt an ordinance that requires
the 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.
2)Requires an ordinance adopted pursuant to this bill to include
a declaration that the change in the method of electing
members of the legislative body is being made in furtherance
of the purposes of the California Voting Rights Act of 2001
(CVRA), as specified.
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3)Requires, for purposes of this bill, the population of a city
to be determined by the most recent federal decennial census.
EXISTING LAW:
1)Permits a general law city that elects its councilmembers
through at-large elections to provide for city council members
to be elected by districts or from districts. Such a change
shall occur only upon the approval of voters of a measure
submitted to them by the city council or placed on the ballot
through the initiative process.
2)Defines, for the purposes of 1), above, the following:
a) "By districts" to mean the election of members by voters
of the district alone; and,
b) "From districts" to mean the election of members who are
residents of the districts from which they are elected, but
who are elected by voters of the city as a whole.
3)Prohibits, pursuant to the CVRA, an at-large method of
election from being imposed or applied in a political
subdivision (including a city) in a manner that impairs the
ability
of a protected class of voters to elect a 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.
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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 allows California's smaller cities (of
100,000 or less in population) to adopt an ordinance, without
going to the voters, that requires the city to elect its
council members by district, or by district with an elective
mayor. This bill is sponsored by the author.
2)Author's Statement. According to the author, "Since 2003,
California cities using at-large elections methods have become
subject to lawsuits asserting violations of the California
Voting Rights Act and demanding by-district elections be
implemented. For a city facing such a suit, the options are
limited - they can either [1] submit an ordinance making this
change to the voters for approval, which is expensive, slow,
and not guaranteed to win approval, or [2] accept the lawsuit,
which they are bound to lose, costing taxpayer money in legal
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fees. SB 493 proposes to save cities this time and money by
permitting them to enact an ordinance switching their election
method to by-district without submitting it for voter
approval."
3)Background. The CVRA was enacted to address racial block
voting in at-large elections for local office in California.
In areas where racial block voting occurs, an at-large method
of election can dilute 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 ability to
influence the outcome of an election. Accordingly, the CVRA
prohibits an at-large method of election from being imposed or
applied in a political subdivision in a manner that impairs
the ability of a protected class
of voters to elect the candidate of its choice or 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 the
protected class.
The CVRA also allows a prevailing plaintiff to recover
attorney's fees and litigation expenses to increase the
likelihood that attorneys will be willing to bring challenges
under the law.
More than 140 local government bodies have transitioned 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,
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and they wished to avoid the potential expense of litigation.
4)Voter Approval and Waivers. Generally, local government
bodies must receive voter approval to move from an at-large
method of election to a district-based method of election for
selecting governing board members. However, the State Board
of Education (SBE) and the Board of Governors (BOG) of the
California Community Colleges can waive the voter-approval
requirement for school districts and community college
districts. The SBE and the BOG have granted nearly 120
requests for waivers from the voter-approval requirement for
school districts and community college districts that have
sought to move to district-based elections for board members
due to concerns about potential liability under the CVRA.
There is no procedure in statute for cities or special districts
to receive a waiver for the voter-approval requirement to move
from at-large to district-based elections, if those
governmental bodies have concerns about liability under the
CVRA. However, in at least some cases, judges have approved
settlements to CVRA lawsuits that allow the governing body to
transition from at-large to district-based elections without
voter approval. According to information compiled by the
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area, at least a dozen other local jurisdictions statewide
have transitioned to electing governing board members by
districts as a result of settlements to lawsuits brought under
the CVRA.
5)General Law vs. Charter Cities. The California Constitution
gives cities the ability to exercise greater control over
municipal affairs through the adoption of a charter by a
majority vote of the city's electors voting on the question.
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Cities that have not adopted charters are commonly referred to
as "general law" cities, because such cities are subject to
the state's general laws, regardless of whether those laws
concern a municipal affair.
The California Constitution grants charter cities the plenary
authority, subject only to restrictions contained in specified
provisions of the California Constitution, to provide for the
manner in which municipal officers are elected or appointed.
Because this bill seeks to regulate the manner in which
municipal officers are elected, the provisions of this bill
would not apply to charter cities, but instead, would apply
only to general law cities with a population of less than
100,000 people.
6)Cities Affected. According to information compiled by the
author's office, this bill would apply to nearly 350
California cities.
7)Related Legislation. AB 278 (Roger Hernández) requires
general law cities with a population of 100,000 or more, as
specified, to elect members of the city council by district,
and requires certain criteria to be met in preparing district
boundaries. AB 278 is pending in the Senate Elections and
Constitutional Amendments Committee.
8)Previous Legislation. AB 2715 (Roger Hernández) and AB 1383
(Roger Hernández) of 2014 would have cities with a population
of 100,000 or more to elect city council members by district.
AB 2715 was held in the Assembly Appropriations Committee and
AB 1383 was held in the Senate Rules Committee.
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AB 1440 (Campos), Chapter 873, Statutes of 2014, required
political subdivisions that change from an at-large method of
election to a district-based election to hold public hearings,
and required special districts to hold a public hearing before
adjusting the boundaries of a division.
SB 1365 (Padilla) of 2014, which was vetoed by the Governor,
would have prohibited the use of a district-based election in
a political subdivision, if it would impair the ability of a
protected class to elect candidates of its choice or otherwise
influence the outcome of an election as a result of the
dilution or the abridgment of the rights of voters who are
members of a protected class, and would have required a court
to implement specified remedies.
AB 1979 (Roger Hernández) of 2012 would have required the City
of West Covina to elect city council members by districts,
instead of at-large. AB 1979 was held in the Assembly
Elections and Redistricting Committee.
AB 450 (Jones-Sawyer) of 2013 would have required the Los
Angeles Community College District to elect governing board
members by trustee area, instead of at-large. AB 450 was held
in the Assembly Appropriations Committee.
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9)Arguments in Support. The League of California Cities, in
support, states, "Since the passage of the California Voting
Rights Act of 2001 (CVRA), entities using at-large elections
have faced an ever-increasing number of lawsuits asserting
that racially polarized voting is occurring within their
boundaries and demanding that district-based elections be
implemented. Courts have found for the plaintiffs in all of
the cases where racially-polarized has been proven. Remedies
have included the consolidation of elections, cumulative
voting and district-based elections.
"While remedies have varied by jurisdiction, what has been
consistent in CVRA cases is the high cost for litigation. The
CVRA provides generous recovery for attorney's fees. As a
consequence, cities have incurred extremely high legal fees -
from the several hundred thousand to several million dollars.
Cities sole alternative to going to court: seeking voter
approval. Elections are costly, too, however?It's equally
important to note that cities are not insulated from suit if
their voters reject district-based elections?The League
believes
SB 493 will give cities a much-needed tool for addressing
concerns under the CVRA in an efficient and cost-effective
manner."
10)Arguments in Opposition. None on file.
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11)Double-Referral. This bill was heard by the Elections and
Redistricting Committee on
July 1, 2015, where it passed with a 5-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Advancement Project
Californians for Electoral Reform (if amended)
Cities of Ceres, Greenfield, Hesperia, Lodi, Modesto, Ontario,
Rancho Cucamonga, Riverbank,
Turlock, and Woodland
Greater Merced Chamber of Commerce
Latino Community Roundtable of Stanislaus County
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League of California Cities
League of California Cities, Central Valley Division
San Joaquin County Hispanic Chamber of Commerce
Opposition
None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916)
319-3958