BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1108|
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THIRD READING
Bill No: SB 1108
Author: Allen (D)
Amended: 5/4/16
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 4/5/16
AYES: Allen, Anderson, Hancock, Hertzberg, Liu
SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 4/27/16
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NO VOTE RECORDED: Nguyen, Moorlach
SUBJECT: Elections: state and local reapportionment
SOURCE: California Common Cause
DIGEST: This bill permits 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, as amended.
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Page 2
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
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.
5)Requires specified public officials to periodically file
statements of economic interest pursuant to the Political
Reform Act, as specified.
6)Establishes the Brown Act, located within the California
Government Code, which guarantees the public's right to attend
and participate in meetings of local legislative bodies.
7)Establishes the Public Records Act within the Government Code
to permit inspection or disclosure of governmental records to
the public upon request, unless otherwise exempted by law.
This bill:
1)Permits 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.
2)Provides that a commission may not be comprised entirely of
members who are registered to vote with the same political
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Page 3
party.
3)Provides that a commission must be composed of residents of
the city or county, but shall not include any person or family
member of a person who has, in the eight years preceding
serving on the commission, done any of the following:
a) Been elected or appointed to, or been a candidate for, a
city or county elective office.
b) Served as an officer, employee, or paid consultant of a
campaign committee or a candidate for elective office for
the city or county.
c) Served as an officer, employee, or paid consultant of a
political party or as an elected or appointed member of a
political party central committee.
d) Served as a staff member of, consultant to, or
contracted with, a currently-serving elected officer of the
city or county.
e) Been registered to lobby the city or county.
f) Made a contribution of $500 or more to a candidate for
elective office for a city or county.
1)Provides that a member of a commission shall not do any of the
following
a) While serving on a commission, endorse, work or
volunteer for, or make a campaign contribution to a
candidate for elective office for a city or county.
b) Be a candidate for a city or county elective office for
10 years following his or her appointment.
c) Accept appointment to a city or county office for four
years following his or her appointment.
d) Accept employment as a staff member of, or consultant
to, an elected official or candidate for elective office in
the city or county for four years following his or her
appointment.
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e) Receive a non-competitively bid contract with the city
or county for four years following his or her appointment.
f) Register as a lobbyist for the city or county for four
years following his or her appointment.
1)Requires commission members to file statements of economic
interest pursuant to the Political Reform Act of 1974.
2)Defines "family member" as a spouse, registered domestic
partner, parent, sibling, child, or in-law.
3)Requires a commission to comply with all applicable provisions
of the Brown Act and the Public Records Act.
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.
The San Diego County Commission. SB 1331 (Kehoe, Chapter 508,
Statutes of 2012) established an independent redistricting
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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 (CRC). Proposition
11, which was approved by the voters at the 2008 statewide
general election, created the CRC, and gave it the
responsibility for establishing district lines for the 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.
Members of the CRC are subject to conflict of interest
provisions similar to those proposed in this bill for city and
county redistricting commission members.
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
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over the conduct of elections. Therefore, these jurisdictions
are unable to provide for the creation of a redistricting
commission that has the authority to adopt a redistricting
plan.
This bill authorizes 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 will not require any city or
county to create such a commission, it merely grants them the
authority to do so.
This bill will also require members of these commissions to
comply with conflict of interest restrictions similar to those
in place for the CRC.
Related/Prior Legislation
SB 958 (Lara, 2016), which is pending in the Senate
Appropriations Committee, establishes a 14-member CRC 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.
SB 1331 (Kehoe, Chapter 508 Statutes of 2012) established a
redistricting commission in San Diego County to adjust the
boundaries of supervisorial districts after each decennial
federal census.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/3/16)
California Common Cause (source)
League of Women Voters of California
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OPPOSITION: (Verified5/3/16)
None received
Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
5/4/16 15:04:24
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