BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: SB 1108 Hearing Date: 4/5/16
-----------------------------------------------------------------
|Author: |Allen |
|-----------+-----------------------------------------------------|
|Version: |2/17/16 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |No |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Darren Chesin |
| | |
-----------------------------------------------------------------
Subject: Elections: state and local reapportionment
DIGEST
This bill would permit a county or city to establish a
redistricting commission, composed of residents of the county or
city, that has the authority to adjust the boundaries of the
supervisorial or city council districts.
ANALYSIS
Existing law :
1)Requires the governing bodies of each city and county,
following each decennial federal census, and using that census
as a basis, to adjust the boundaries of any or all of the
council districts and supervisorial districts so that the
districts are as nearly equal in populations as may be and
comply with the applicable provisions of Section 2 of the
federal Voting Rights Act (VRA), as amended.
2)Permits a city council or county board of supervisors to
appoint a committee composed of residents of the city or
county to study the matter of changing the boundaries of the
council or supervisorial districts but provides that the
recommendations of the committee are advisory only unless
otherwise permitted by state law.
3)Provides, pursuant to the California Constitution, that
charter counties are subject to state statutes that relate to
SB 1108 (Allen) Page 2
of ?
redistricting seats of the counties' boards of supervisors.
4)Establishes a redistricting commission in San Diego County and
charges it with adjusting the boundaries of supervisorial
districts after each decennial federal census. The San Diego
County redistricting commission is comprised of five members
former or retired state or federal judges who are residents
and voters in the county. The commission members are picked
from among qualified applicants through a random drawing.
This bill :
This bill would additionally permit any city or county to
establish a commission, composed of residents of the city or
county, that has the authority to enact changes to the
boundaries of the districts rather than only recommend to the
governing body changes to the boundaries of the districts.
BACKGROUND
California Counties Must Follow State Law Governing
Redistricting . A number of California cities have established
redistricting commissions to adjust city council districts
following each decennial census. In some cities, these
commissions are advisory, and only make recommendations to the
city council, but in some charter cities, the redistricting
commission has the authority to adopt a redistricting plan
independent of the city council. Charter cities are able to
establish such commissions because the state Constitution gives
charter cities broad authority over the conduct of city
elections and over the manner in which, method by which, times
at which, and terms for which municipal officers are elected.
General law cities and all counties, on the other hand, are not
granted the same level of authority over the conduct of county
elections, and in fact, the state Constitution explicitly
provides that "[c]harter counties are subject to statutes that
relate to apportioning population of governing body districts."
In light of this provision of the state Constitution, charter
counties are unable to provide for the creation of a
redistricting commission through an amendment to the county
charter unless statutory authority is provided to allow a county
to have such a commission.
SB 1108 (Allen) Page 3
of ?
The San Diego County Commission . SB 1331 (Kehoe, Ch. 508 of
2012), established an independent redistricting commission in
San Diego County to adjust the boundaries of supervisorial
districts after each decennial federal census. The bill was
requested by the San Diego County Board of Supervisors who
sought the change in state law necessary to create such a
commission. As mentioned above, because the Elections Code
controls and limits the redistricting process, the County Board
could not reformulate its redistricting process unless the
Legislature changed the code. Furthermore, because the county
board requested the bill, the state was not subject to a
reimbursable local mandate.
California Citizens Redistricting Commission . Proposition 11,
which was approved by the voters at the 2008 statewide general
election, created the Citizens Redistricting Commission (CRC),
and gave it the responsibility for establishing district lines
for Assembly, Senate, and Board of Equalization. Proposition 11
also modified the criteria to be used when drawing district
lines. Proposition 20, which was approved by the voters at the
2010 statewide general election, gave the CRC the responsibility
for establishing lines for California's congressional districts,
and made other changes to the procedures and criteria to be used
by the CRC. The CRC consists of 14 registered voters, including
five Democrats, five Republicans, and four others, all of whom
are chosen according to procedures specified in Proposition 11.
COMMENTS
1)According to the author : Existing law authorizes county
boards of supervisors and city councils to appoint committees
to study the matter of changing the boundaries of its
supervisorial and council districts but expressly states that
recommendations of the committees are advisory only. There is
an exception however, for charter cities where these
redistricting commissions have the authority to adopt a
redistricting plan independent of the city council. Charter
cities are able to establish such commissions because the
state Constitution gives charter cities broad authority over
the conduct of city elections.
Charter counties, general law counties and general law cities,
on the other hand, are not granted the same level of authority
over the conduct of elections. Therefore, these jurisdictions
SB 1108 (Allen) Page 4
of ?
are unable to provide for the creation of a redistricting
commission that has the authority to adopt a redistricting
plan.
This bill would authorize all counties and cities to establish a
commission, composed of residents of the county or city, to
either adopt a redistricting plan themselves or recommend
changes as currently permitted.
Cities and counties that wish to establish independent citizen
redistricting commissions should not be prevented from doing
so by state law. This bill would not require any city or
county to create such a commission, it merely grants them the
authority to do so.
RELATED/PRIOR LEGISLATION
SB 1331 (Kehoe, Ch. 508 of 2012), established a redistricting
commission in San Diego County to adjust the boundaries of
supervisorial districts after each decennial federal census.
SB 958 (Lara), which is also before this committee, establishes
a 14-member 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 in accordance
with specified criteria.
POSITIONS
Sponsor: California Common Cause
Support: None received
Oppose: None received
-- END --