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 --