AB 1979 Assembly Bill

BILL NUMBER: AB 1979	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 23, 2012

   An act to  amend   add  Section 
14027 of   34885 to  the  Elections
  Government  Code, relating to  elections
  the City of West Covina  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1979, as amended, Roger Hernández.  District-based
  City of West Covina: city council 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  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   require  that a
district-based method of election be imposed for the election of
 the member   members  of the 
board of supervisors or city council   City Council of
the City of West Covina, as specified  . Because the bill would
increase the workload of county elections officials, it would impose
a state-mandated local program. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of West Covina. 

   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: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  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. 
   SECTION 1.    Section 34885 is added to the 
 Government Code   , to read:  
   34885.  (a) (1) This section shall apply only to the City of West
Covina.
   (2) The purpose and intent of this section is to establish five
city council districts in the City of West Covina and enable West
Covina's voters to elect members of the West Covina City Council by
district. For purposes of this section, "by district" means election
of members of the city council by voters of the district alone.
   (b) (1) The City Council of the City of West Covina shall, prior
to the first day on which voters may nominate candidates for election
at the next regular municipal election following the effective date
of this section, provide for the establishment of five city council
districts. The districts shall be nearly as equal in population as
may be. In establishing the boundaries of the districts, the City
Council of the City of West Covina may give consideration to all of
the following:
   (A) Topography.
   (B) Geography.
   (C) Cohesiveness, contiguity, integrity, and compactness of
territory.
   (D) Community of interests of the districts.
   (2) The City Council of the City of West Covina shall hold a
public hearing prior to its adoption of the boundaries of the city
council districts and shall have the sole authority to establish
those areas.
   (3) The City Council of the City of West Covina shall number the
city council districts established pursuant to this subdivision. The
city council districts with the northernmost boundary shall be
district 1. The city council district with the boundary that, except
for the boundary of district 1, is northernmost, shall be district 2.
Each of the remaining districts shall be numbered accordingly 3 to
5, inclusive.
   (c) (1) One member of the city council shall be elected by each
district.
   (2) A person is not eligible to hold office as a member of the
City Council of the City of West Covina unless he or she resides in
the district he or she is seeking to represent and is a registered
voter of that district at the time nomination papers are issued to
the candidate as provided for in Section 10227 of the Elections Code.

   (d) (1) The terms of office of the two members elected with the
lowest vote shall expire on the Tuesday succeeding the first regular
election following the effective date of this section. At that
election, members shall be elected by district in the even-numbered
districts and shall hold office for four years.
   (2) The terms of office of the three members elected with the
highest vote shall expire on the Tuesday succeeding the second
regular municipal election following the effective date of this
section. At that election, members shall be elected by district in
the odd-numbered districts and shall hold office for four years.

   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because an at-large method of election
impairs the ability of a protected class to elect candidates of its
choice and its ability to influence the outcome of elections to elect
members of the City Council of West Covina. 
   SEC. 2.   SEC. 3.   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.