BILL ANALYSIS Ó
SB 1108
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Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Shirley Weber, Chair
SB
1108 (Allen) - As Amended June 8, 2016
SENATE VOTE: 34-0
SUBJECT: Elections: state and local reapportionment.
SUMMARY: Permits a county or a general law city to establish a
commission charged with adjusting the boundaries of
supervisorial districts or city council districts after each
decennial federal census, subject to certain conditions.
Specifically, this bill:
1)Permits a county or a general law city (hereinafter referred
to as the "local jurisdiction"), by resolution or ordinance,
to establish an independent redistricting commission
(independent commission) that has the power to adopt the
district boundaries of the legislative body of the
jurisdiction.
a) Selection of Independent Commission Members. Provides
that the following conditions shall apply to the selection
of members of an independent commission that is created in
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accordance with this bill:
i) Permits the local jurisdiction to prescribe the
manner in which members are appointed to the independent
commission, provided that the application process must be
open to all eligible residents.
ii) Prohibits an independent commission from being
comprised entirely of members who are registered to vote
with the same political party preference.
iii) Prohibits a person from being appointed to the
independent commission if that person or a family member
of that person has done any of the following in the
preceding eight years:
(1) Been elected or appointed to, or been a
candidate for, an elective office of the local
jurisdiction;
(2) Served as an officer, employee, or paid
consultant of a campaign committee or a candidate for
elective office of the local jurisdiction;
(3) 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;
(4) Served as a staff member of, consultant to, or
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contracted with, a currently-serving elected officer
of the local jurisdiction;
(5) Been registered to lobby the local
jurisdiction; or,
(6) Contributed $500 or more in a year to any
candidate for an elective office of the local
jurisdiction, provided that the local jurisdiction may
adjust this amount to reflect changes in the
California Consumer Price Index, as specified.
iv) Permits the local jurisdiction to impose additional
qualifications and restrictions for members of the
independent commission in excess of those otherwise
required by this bill.
b) Independent Commission Member Requirements. Imposes the
following requirements on members of an independent
commission that is created in accordance with this bill:
i) Requires each independent commission member to be a
designated employee for the purposes of the conflict of
interest code of the independent commission, as
specified, thereby requiring members to file statements
of economic interests and to comply with specified state
laws regarding conflicts of interests and limits on gifts
and honoraria.
ii) Prohibits a member, while serving on the independent
commission, from endorsing, working for, volunteering
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for, or making a campaign contribution to, a candidate
for elective office of the local jurisdiction.
iii) Prohibits a member, for 10 years following his or
her appointment to the independent commission, from being
a candidate for an elective office of the local
jurisdiction.
iv) Prohibits a member, for four years following his or
her appointment to the independent commission, from doing
any of the following:
(1) Accepting an appointment to an office of the
local jurisdiction;
(2) Accepting employment as a staff member of, or
consultant to, an elected official or candidate for
elective office of the local jurisdiction;
(3) Receiving a non-competitively bid contract
with the local jurisdiction; or,
(4) Registering as a lobbyist for the local
jurisdiction.
c) Independent Commission Conduct. Imposes the following
requirements on the conduct of an independent commission
that is created in accordance with this bill:
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i) Requires the independent commission to comply with
applicable provisions of the Brown Act and the Public
Records Act.
ii) Requires the independent commission to adopt new
boundaries within six months after the final population
figures determined in each federal decennial census have
been released, but in any event not later than November 1
of the year following the year in which the census is
taken.
iii) Requires a map of proposed boundaries to be
published and made available to the public for at least
seven days prior to being adopted.
iv) Requires the independent commission to hold at least
three public hearings prior to the hearing at which the
new boundaries are adopted.
v) Prohibits the independent commission from drawing
districts for the purpose of favoring or discriminating
against any incumbent or political candidate.
2)Prohibits any of the following individuals from serving on an
advisory redistricting commission (advisory commission) that
is otherwise established in accordance with existing law:
a) An elected official of the jurisdiction; or,
b) A family member, staff member, or paid campaign staff of
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an elected official of the jurisdiction.
3)Defines "family member," for the purposes of this bill, as a
spouse, registered domestic partner, parent, sibling, child,
or in-law.
4)Makes corresponding and technical changes.
EXISTING LAW:
1)Requires the governing body of each county and each city,
following the decennial federal census, and using that census
as a basis, to adjust the boundaries of any or all of the
supervisorial or council 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 the board of supervisors of a county or the city
council of a city to appoint a committee composed of residents
of the county or city, respectively, to study the matter of
changing the boundaries of supervisorial or council districts,
as appropriate. Provides that recommendations of the
committee are advisory only.
3)Establishes a procedure for a government of a county to adopt
a charter by a majority vote of its electors voting on the
question. Generally provides greater autonomy over county
affairs to counties that have adopted charters.
4)Provides that counties that have adopted charters are subject
to statutes that relate to apportioning population of
governing body districts.
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FISCAL EFFECT: This bill has been keyed non-fiscal by the
Legislative Counsel.
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COMMENTS:
1)Purpose of the Bill: According to the author:
Existing law permits cities and counties to create
redistricting commissions but limits these commissions
to making recommendations on an advisory basis only.
They cannot actually establish the new districts. The
lone exception to this are charter cities. SB 1108
would permit all cities and counties to establish
redistricting commissions that actually have the
authority to establish new council and supervisorial
districts.
In 2012, San Diego County wanted to create one of
these empowered redistricting commissions but had to
seek special legislation to do so. This should not be
the case. Cities and counties that wish to take the
admirable step of creating independent redistricting
commissions made up of local residents should be free
to do so without having to seek our permission.
This bill does not force any city or county to create
a commission, it just gives them the authority if they
so choose. The bill also provides, much like our
state redistricting commission, that local commission
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members may have no familial, political, or
professional relationships with any officeholders or
candidates in the city or county. Following service
on the commission, members may not seek elective
office themselves or employment from an officeholder
within the jurisdiction for specified time periods.
Commission members would have to file statements of
economic interest pursuant to the Political Reform Act
and the commissions would have to comply with all
relevant provisions of the Brown Act and the Public
Records Act. Lastly, a commission could not be
comprised entirely of members who are registered to
vote with the same political party.
2)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.
3)Local Redistricting Commissions and Existing Law: As noted
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above, existing law permits a county or a city to create an
advisory redistricting commission (described in state law as a
"committee" of residents of the jurisdiction), but does not
expressly permit local jurisdictions to create commissions
that have the authority to establish district boundaries.
Instead, the authority to establish district boundaries for a
local jurisdiction generally is held by the governing body of
that jurisdiction. Charter cities are able to establish
redistricting commissions that have the authority to establish
district boundaries 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.
As a result, a number of California cities have established
redistricting commissions to adjust city council districts
following each decennial census.
Charter 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 that has the authority to establish district
boundaries unless statutory authority is provided to allow a
county to have such a commission.
4)Could This Bill's Conditions Discourage the Creation of
Redistricting Commissions? While this bill would allow local
jurisdictions to create redistricting commissions that have
the authority to establish district boundaries, it imposes a
number of significant conditions on any such commission that
is created, including substantial restrictions on who may be
appointed to serve on such a commission. For example, if a
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county created an independent redistricting commission in
accordance with this bill, a person would not be eligible to
serve on that commission if the person's sister in-law made a
$500 campaign contribution to a candidate for district
attorney eight years prior to the creation of the commission.
Because this bill does not force local jurisdictions to create
redistricting commissions, the substantial conditions imposed
on independent commissions could serve as a disincentive for
local governments to make the decision to establish such
commissions.
On the other hand, most local governments lack the ability to
establish independent redistricting commissions at all under
existing law. Furthermore, while this bill does impose
certain new restrictions on advisory commissions, those
restrictions are considerably more modest than the ones
imposed on independent commissions, as specified.
5)Related Legislation: SB 958 (Lara), which is also being heard
in this committee today, establishes a redistricting
commission in Los Angeles County and charges it with adjusting
the boundaries of supervisorial districts after each decennial
federal census.
6)Previous Legislation: SB 1331 (Kehoe), Chapter 508, Statutes
of 2012, gave San Diego County the authority to establish a
redistricting commission, charged with adjusting the
boundaries of supervisorial districts after each decennial
federal census.
7)Double-Referral: This bill has been double-referred to the
Assembly Local Government Committee.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Common Cause (sponsor)
California Forward Action Fund (prior version)
League of California Cities (prior version)
League of Women Voters of California
Opposition
None on file.
Analysis Prepared by:Ethan Jones / E. & R. / (916)
319-2094
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