BILL NUMBER: AB 1979 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 23, 2012
An act to amend Section 14027 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1979, as amended, Roger Hernández. District-based local
elections.
Existing law provides for political subdivisions that encompass
areas of representation within the state. With respect to these
areas, public officials are generally elected by all of the voters of
the political subdivision (at-large) or from districts formed within
the political subdivision (district-based). Existing law, the
California Voting Rights Act of 2001, prohibits an at-large method of
election to be imposed or applied in a manner that impairs the
ability of a protected class to elect candidates of its choice or its
ability to influence the outcome of an election, as a result of the
dilution or the abridgment of the rights of voters who are members of
a protected class, as defined.
This bill would state the intent of the Legislature to
enact legislation relating to district-based local elections
provide that if the governing body of a county or city
determines that an at-large method of election would impair the
ability of a protected class to elect candidates of its choice or its
ability to influence the outcome of an election, the governing body
shall order that a district-based method of election be imposed for
the election of the member of the board of supervisors or city
council. Because the bill would increase the workload of county
elections officials, it would impose a state-mandated local program
.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
to enact legislation relating to district-based local elections.
SECTION 1. Section 14027 of the
Elections Code is amended to read:
14027. (a) An at-large method of election
may not be imposed or applied in a manner that impairs the ability of
a protected class to elect candidates of its choice or its ability
to influence the outcome of an election, as a result of the dilution
or the abridgment of the rights of voters who are members of a
protected class, as defined pursuant to Section 14026.
(b) Notwithstanding any other provision of law, if the governing
body of a county or city determines that an at-large method of
election of a member of the board of supervisors or city council
would impair the ability of a protected class to elect candidates of
its choice or its ability to influence the outcome of an election,
the governing body shall order that a district-based method of
election be imposed for the election of the member of the board of
supervisors or city council.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.