BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 684
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          ASSEMBLY THIRD READING
          AB 684 (Block)
          As Amended  April 25, 2011
          Majority vote 

           ELECTIONS           6-0         APPROPRIATIONS      15-1        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Logue, Bonilla,     |Ayes:|Fuentes, Harkey,          |
          |     |Gatto, Swanson, Valadao   |     |Blumenfield, Bradford,    |
          |     |                          |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Gatto, Hall, Hill, |
          |     |                          |     |Lara, Mitchell, Nielsen,  |
          |     |                          |     |Norby, Solorio            |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Wagner                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Establishes a procedure for the governing board of a 
          community college district (CCD) to change election systems, 
          including moving from at-large elections to elections by trustee 
          area, without voter approval, subject to certain conditions.  
          Specifically,  this bill  : 

          1)Permits a CCD, in accordance with the California Voting Rights 
            Act (CVRA), and upon adoption by the governing board of a 
            resolution in support and the approval of the Board of 
            Governors (BOG) of the California Community Colleges, to 
            change elections systems as follows:

             a)   Permits a CCD to change from electing board members 
               at-large to electing members by trustee-areas.  Requires 
               one member to be elected from each trustee area.  Requires 
               the governing board to set the boundaries of each trustee 
               area to reflect substantially equal population in each 
               district;

             b)   Permits a CCD to establish a top-two primary election 
               system, with elections held on the same date as statewide 
               elections; and,









                                                                  AB 684
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             c)   Permits the governing board of a CCD to divide the 
               territory of the CCD into not fewer than five and not more 
               than nine trustee areas.

          2)Provides that this bill does not apply to a CCD that has been 
            authorized by statute to provide for its own trustee 
            elections.

           EXISTING LAW  :

          1)Permits the county committee on school district organization, 
            upon petition of the governing board of any CCD, to provide 
            for the establishment, rearrangement, or abolishment of 
            trustee areas.  Requires the resolution of the county 
            committee approving a proposal to establish or abolish trustee 
            areas to be submitted to the voters.

          2)Prohibits, pursuant to the CVRA, an at-large method of 
            election from being imposed or applied in a political 
            subdivision in a manner that impairs the ability of a 
            protected class of voters to elect the candidate of its choice 
            or to influence the outcome of an election, as a result of the 
            dilution or the abridgement of the rights of voters who are 
            members of a protected class.  


           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)Minor absorbable costs to the BOG to consider requests from 
            CCDs pursuant to the bill's provisions.

          2)Potential significant savings to individual districts and to 
            counties in avoiding the costs of elections seeking approval 
            to change from at-large to trustee-area representation.

           COMMENTS  :  According to the author, "Last year, the U.S. 
          Department of Commerce's Census Bureau conducted the decennial 
          census of the country's population.  In addition to 
          congressional and state legislative redistricting, the census 
          marks the time for certain local government entities to 
          redistrict, including community college districts.   Since the 
          last redistricting in 2001, there have been significant changes 
          to the law governing elections.  The purpose of AB 684 is to 








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          bring community college districts into conformity with the new 
          requirements."

          Under existing law, a CCD board can be organized so that members 
          are elected at-large or by trustee areas.  For any CCD that 
          wishes to move from at-large elections to a trustee area method 
          of election, existing law requires the voters of the CCD to 
          approve the change.  If the voters reject the proposed change, 
          the district must continue holding elections using an at-large 
          method of election. 

          SB 976 (Polanco), Chapter 129, Statutes of 2002, enacts the CVRA 
          to address racial block voting in at-large elections for local 
          office in California.  Since the enactment of the CVRA, a number 
          of local jurisdictions have converted or are in the process of 
          converting from an at-large method of election to district-based 
          elections.

          Existing law permits the State Board of Education (SBE) to waive 
          all or part of any section of the Education Code, with certain 
          identified exceptions, upon request by the governing board of a 
          school district or county board of education.  Some school 
          districts that have sought to move from at-large elections to 
          district-based elections since the enactment of the CVRA have 
          applied to the SBE for a waiver, and have received such a 
          waiver, from the requirement that the change from at-large to 
          district elections be approved by the voters of the district.

          This bill enacts a similar waiver process for CCDs through the 
          BOG.  

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 


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