BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 419 HEARING: 6/9/10
AUTHOR: Caballero FISCAL: No
VERSION: 5/17/10 CONSULTANT: Detwiler
BOUNDARY CHANGE ELECTIONS
Background and Existing Law
As the Legislature's watchdog over local boundaries, local
agency formation commissions (LAFCOs) must follow detailed
procedures in the Cortese-Knox-Hertzberg Act when they
approve boundary changes. Some boundary changes require
voter approval: city incorporations, district formations,
annexations and detachments with significant local protest,
and certain reorganizations. When it approves a boundary
change that needs voter approval, the LAFCO must notify the
county board of supervisors or city council which then must
call the election, set the election date, designate
precincts and polling places, and direct the local election
official to run the election.
LAFCO officials and local election officials want
legislators to clarify how the state's boundary laws and
election laws fit together. LAFCO officials point out that
it's possible for a county board of supervisors or city
council to balk at calling a required election. Local
election officials point out that the election laws already
cover some of the details contained in the boundary laws.
Proposed Law
Assembly Bill 419 requires a local agency formation
commission (LAFCO) to also notify the local elections
official when it notifies a county board of supervisors or
city council regarding the need to hold a boundary change
election. If the county supervisors or city council fails
to direct the elections official to conduct the election
within 45 days after receiving the notice, AB 419 requires
the elections official to place the item on the ballot at
the next established election date which is at least 88
days after the date of the LAFCO's notification to the
elections official. The bill declares that this 45-day
requirement does not apply to applications filed with a
AB 419 -- 5/17/10 -- Page 2
LAFCO before January 1, 2011.
AB 419 deletes the requirement for a county board of
supervisors or city council to designate precincts and
polling places and instead requires them to direct the
elections official to carry out those duties. The bill
also conforms the timing of boundary change elections to
the election dates provided in the Elections Code.
Comment
Making a mesh of things . Both the Elections Code and the
boundary laws are complex statutes which require elections
officials and the LAFCOs to meticulously coordinate their
decisions. AB 419 meshes these statutory requirements so
that elections officials can carry out their duties without
interference. Further, the bill prospectively ensures that
the needed boundary elections will occur, even if local
elected officials balk.
Assembly Actions
Assembly Local Government Committee: 5-0
Assembly Floor: 73-0
Support and Opposition (6/3/10)
Support : California Association of Local Agency Formation
Commissions, California Association of Clerks and Election
Officials, California Special Districts Association, East
Bay Regional Park District, San Diego LAFCO.
Opposition : Unknown.