Amended in Assembly June 21, 2016

Amended in Assembly June 8, 2016

Amended in Senate April 26, 2016

Senate Bill No. 958

Introduced by Senators Lara and Hall

February 8, 2016

An act to add Chapter 6.3 (commencing with Section 21530) to Division 21 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 958, as amended, Lara. County of Los Angeles Citizens Redistricting Commission.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, which is charged with adjusting the supervisorial district boundaries for the county.

This bill would establish the Citizens Redistricting Commission in the County of Los Angeles, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Los Angeles. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan, which would become effective 30 days following its submission to the county elections official. By increasing the duties on local officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Los Angeles.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Chapter 6.3 (commencing with Section 21530)
is added to Division 21 of the Elections Code, to read:

 

Chapter  6.3. County of Los Angeles Citizens
Redistricting Commission

 

21530.  

As used in this chapter, the following terms have the
following meanings:

(a) “Board” means the Board of Supervisors of the County of
Los Angeles.

(b) “Commission” means the Citizens Redistricting Commission
in the County of Los Angeles established pursuant to Section
21532.

(c) “Immediate family member” means a spouse, child, in-law,
parent, or sibling.

21531.  

There is, in the County of Los Angeles, a Citizens
Redistricting Commission. In the year following the year in which
the decennial federal census is taken, the commission shall adjust
the boundary lines of the supervisorial districts of the board in
accordance with this chapter.

21532.  

(a) The commission shall be created no later than
December 31, 2020, and in each year ending in the number zero
thereafter.

(b) The selection process is designed to produce a commission
that is independent from the influence of the board and reasonably
representative of the county’s diversity.

(c) The commission shall consist of 14 members. The political
party preferences of the commission members, as shown on the
members’ most recent affidavits of registration, shall be as
proportional as possible to the total number of voters who are
registered with each political party in the County of Los Angeles,
as determined by registration at the most recent statewide election.
However, the political party preferences of the commission
members are not required to be exactly the same as the proportion
of political party preferences among the registered voters of the
county. At least one commission member shall reside in each of
the begin delete eight service planning areas in the County of Los Angeles. end delete begin insert five
existing supervisorial districts of the board. end insert

(d) Each commission member shall meet all of the following
qualifications:

(1) Be a resident of the County of Los Angeles.

(2) Be a voter who has been continuously registered in the
County of Los Angeles with the same political party or unaffiliated
with a political party and who has not changed political party
affiliation for five or more years immediately preceding the date
of his or her appointment to the commission.

(3) Have voted in at least one of the last three statewide elections
immediately preceding his or her application to be a member of
the commission.

(4) Within the 10 years immediately preceding the date of
application to the commission, neither the applicant, nor an
immediate family member of the applicant, has done any of the
following:

(A) Been appointed to, elected to, or have been a candidate for
office at the local, state, or federal level representing the County
of Los Angeles, including as a member of the board.

(B) Served as an employee of, or paid consultant for, an elected
representative at the local, state, or federal level representing the
County of Los Angeles.

(C) Served as an employee of, or paid consultant for, a candidate
for office at the local, state, or federal level representing the County
of Los Angeles.

(D) Served as an officer, employee, or paid consultant of a
political party or as an appointed member of a political party central
committee.

(E) Been a registered state or local lobbyist.

(5) Possess experience that demonstrates analytical skills
relevant to the redistricting process and voting rights, and possess
an ability to comprehend and apply the applicable state and federal
legal requirements.

(6) Possess experience that demonstrates an ability to be
impartial.

(7) Possess experience that demonstrates an appreciation for
the diverse demographics and geography of the County of Los
Angeles.

(e) An interested person meeting the qualifications specified in
subdivision (d) may submit an application to the county elections
official to be considered for membership on the commission. The
county elections official shall review the applications and eliminate
applicants who do not meet the specified qualifications.

(f) (1) From the pool of qualified applicants, the county
elections official shall select 60 of the most qualified applicants,
taking into account the requirements described in subdivision (c).
The county elections official shall make public the names of the
60 most qualified applicants for at least 30 days. The county
elections official shall not communicate with a member of the
board, or an agent for a member of the board, about any matter
related to the nomination process or applicants before the
publication of the list of the 60 most qualified applicants.

(2) During the period described in paragraph (1), the county
elections official may eliminate any of the previously selected
applicants if the official becomes aware that the applicant does
not meet the qualifications specified in subdivision (d).

(g) (1) After complying with the requirements of subdivision
(f), the county elections official shall create a subpool for each of
the begin delete eight service planning areas in the County of Los Angeles. end delete begin insert five
existing supervisorial districts of the board. end insert

(2)  begin insert (A) end insert begin insert   end insert At a regularly scheduled meeting of the board, the
Auditor-Controller of the County of Los Angeles shall conduct a
random drawing to select one commissioner from each of the begin delete eight end delete
begin insert five end insert subpools established by the county elections official.

begin insert

(B) After completing the random drawing pursuant to
subparagraph (A), at the same meeting of the board, the
Auditor-Controller shall conduct a random drawing from all of
the remaining applicants, without respect to subpools, to select
three additional commissioners.

end insert

(h) (1) The eight selected commissioners shall review the
remaining names in the subpools of applicants and shall appoint
six additional applicants to the commission.

(2) The six appointees shall be chosen based on relevant
experience, analytical skills, and ability to be impartial, and to
ensure that the commission reflects the county’s diversity,
including racial, ethnic, geographic, and gender diversity. However,
formulas or specific ratios shall not be applied for this purpose.
The eight commissioners shall also consider political party
preference, selecting applicants so that the political party preference
of the members of the commission complies with subdivision (c).

21533.  

(a) A commission member shall apply this chapter in
a manner that is impartial and that reinforces public confidence in
the integrity of the redistricting process.

(b) The term of office of each member of the commission
expires upon the appointment of the first member of the succeeding
commission.

(c) Nine members of the commission shall constitute a quorum.
Nine or more affirmative votes shall be required for any official
action.

(d) (1) The commission shall not retain a consultant who would
not be qualified as an applicant pursuant to paragraph (4) of
subdivision (d) of Section 21532.

(2) For purposes of this subdivision, “consultant” means a
person, whether or not compensated, retained to advise the
commission or a commission member regarding any aspect of the
redistricting process.

(e) Each commission member shall be a designated employee
for purposes of the conflict of interest code adopted by the County
of Los Angeles pursuant to Article 3 (commencing with Section
87300) of Chapter 7 of Title 9 of the Government Code.

21534.  

(a) The commission shall establish single-member
supervisorial districts for the board pursuant to a mapping process
using the following criteria as set forth in the following order of
priority:

(1) Districts shall comply with the United States Constitution
and each district shall have a reasonably equal population with
other districts for the board, except where deviation is required to
comply with the federal Voting Rights Act of 1965 (52 U.S.C.
Sec. 10101 et seq.) or allowable by law.

(2) Districts shall comply with the federal Voting Rights Act
of 1965 (52 U.S.C. Sec. 10101 et seq.).

(3) Districts shall be geographically contiguous.

(4) The geographic integrity of any city, begin delete city and county, end delete local
neighborhood, or local community of interest shall be respected
in a manner that minimizes its division to the extent possible
without violating the requirements of paragraphs (1) to (3),
inclusive. A community of interest is a contiguous population that
shares common social and economic interests that should be
included within a single district for purposes of its effective and
fair representation. Communities of interest shall not include
relationships with political parties, incumbents, or political
candidates.

(5) To the extent practicable, and where this does not conflict
with paragraphs (1) to (4), inclusive, districts shall be drawn to
encourage geographical compactness such that nearby areas of
population are not bypassed for more distant areas of population.

(b) The place of residence of any incumbent or political
candidate shall not be considered in the creation of a map. Districts
shall not be drawn for purposes of favoring or discriminating
against an incumbent, political candidate, or political party.

(c) (1) The commission shall comply with the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).

(2) Before the commission draws a map, the commission shall
conduct at least seven public hearings, to take place over a period
of no fewer than 30 days, with at least one public hearing held in
each supervisorial district.

(3) After the commission draws a draft map, the commission
shall do both of the following:

(A) Post the map for public comment on the Internet Web site
of the County of Los Angeles.

(B) Conduct at least two public hearings to take place over a
period of no fewer than 30 days.

(4) (A) The commission shall establish and make available to
the public a calendar of all public hearings described in paragraphs
(2) and (3). Hearings shall be scheduled at various times and days
of the week to accommodate a variety of work schedules and to
reach as large an audience as possible.

(B) Notwithstanding Section 54954.2 of the Government Code,
the commission shall post the agenda for the public hearings
described in paragraphs (2) and (3) at least seven days before the
hearings. The agenda for a meeting required by paragraph (3) shall
include a copy of the draft map.

(5) (A) The commission shall arrange for the live translation
of a hearing held pursuant to this chapter in an applicable language
if a request for translation is made at least 24 hours before the
hearing.

(B) For purposes of this paragraph, an “applicable language”
means a language for which the number of residents of the County
of Los Angeles who are members of a language minority is greater
than or equal to 3 percent of the total voting age residents of the
county.

(6) The commission shall take steps to encourage county
residents to participate in the redistricting public review process.
These steps may include:

(A) Providing information through media, social media, and
public service announcements.

(B) Coordinating with community organizations.

(C) Posting information on the Internet Web site of the County
of Los Angeles that explains the redistricting process and includes
a notice of each public hearing and the procedures for testifying
during a hearing or submitting written testimony directly to the
commission.

(7) The board shall take all steps necessary to ensure that a
complete and accurate computerized database is available for
redistricting, and that procedures are in place to provide to the
public ready access to redistricting data and computer software
equivalent to what is available to the commission members.

(8)  begin delete All end delete begin insert The board shall provide for reasonable funding and
staffing for the commission. end insert

begin insert (9) end insert begin insert   end insert begin insert All end insert records of the commission relating to redistricting, and
all data considered by the commission in drawing a draft map or
the final map, are public records.

(d) (1) The commission shall adopt a redistricting plan adjusting
the boundaries of the supervisorial districts and shall file the plan
with the county elections official before August 15 of the year
following the year in which each decennial federal census is taken.

(2) The plan shall be effective 30 days after it is filed with the
county elections official.

(3) The plan shall be subject to referendum in the same manner
as ordinances.

(4) The commission shall issue, with the final map, a report that
explains the basis on which the commission made its decisions in
achieving compliance with the criteria described in subdivisions
(a) and (b).

21535.  

begin delete Each commission member shall apply this article in a
manner that is impartial and that reinforces public confidence in
the integrity of the redistricting process. end delete A commission member
shall be ineligible for a period of five years beginning from the
date of appointment to hold elective public office at the federal,
state, county, or city level in this state. A commission member
shall be ineligible for a period of begin delete five end delete begin insert three end insert years beginning from
the date of appointment to hold appointive federal, state, or local
public office, to serve as paid staff for, or as a paid consultant to,
the Board of Equalization, the Congress, the Legislature, or any
individual legislator, or to register as a federal, state or local
lobbyist in this State.

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances facing the County
of Los Angeles.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.