BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2572
                                                                  Page  1

          Date of Hearing:   April 17, 2012

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                   AB 2572 (Furutani) - As Amended:  March 19, 2012
           
          SUBJECT  :   Los Angeles Community College District: governing 
          board elections.

           SUMMARY  :   Eliminates a requirement that a run-off election be 
          conducted for a seat on the governing board of the Los Angeles 
          Community College District (LACCD) if no candidate for that seat 
          receives more than 50 percent of the total votes cast in the 
          primary election.  Specifically,  this bill  :  

          1)Requires members of the governing board of the LACCD to be 
            elected at-large and by individual seat number.

          2)Provides that, commencing with the 2013 election for the 
            governing board of the LACCD and each election thereafter, 
            upon certification of the election, the candidate with the 
            highest number of votes for an individual seat number shall be 
            deemed the candidate elected for that individual seat number. 

          3)Makes legislative findings and declarations as to the 
            necessity of a special statute for the LACCD.

           EXISTING LAW  :

          1)Creates the California Community Colleges (CCC), a 
            postsecondary education system consisting of 72 community 
            college districts and establishes the Board of Governors of 
            the CCC to serve as the administrative authority over CCC 
            throughout the state.

          2)Establishes community college districts, each under the 
            administration of a governing board. 

          3)Requires members of the governing board of the LACCD be 
            elected at-large and establishes seat numbers for board member 
            elections. Members hold office for four years.  Provides that 
            elections are held every two years, falling in the odd 
            numbered years beginning in 1969, and alternating between 
            office numbers 1, 3, 5, and 7 and office numbers 2, 4, and 6.  
            Provides that primary elections are held the first Tuesday in 







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            April of every odd-numbered year, and general elections are 
            held the last Tuesday in May of every odd-numbered year.  

           FISCAL EFFECT  :  Unknown.  State-mandated local program; contains 
          reimbursement direction.

           COMMENTS  :   

           1)Purpose of the Bill  :  According to the author:  
             
                Under current law, the Los Angeles Community College 
               District is required to have its elections coincide with 
               the city of Los Angeles. If a candidate receives less than 
               50% of the vote in the initial election, then the district 
               must hold a run-off for the top two vote-getters. The 
               requirement for a primary and a run-off has created a 
               significant financial burden for the Los Angeles Community 
               College District. The process of holding an additional 
               election has reduced the district's resources that would 
               otherwise go toward meeting its core mission of serving 
               students and the community.

               Enactment of this bill would eliminate the requirement that 
               the Los Angeles Community College District conduct a 
               run-off election if no candidate receives more than 50% of 
               the vote. The change would save the district $3 million to 
               $5 million every two years. The savings could be redirected 
               to the district's core mission of serving students.

           2)Argument in Support  :  The Los Angeles Community College 
            District writes in support:
             
                The bill would eliminate the costly runoff election for the 
               Board of Trustees of the Los Angeles Community College 
               District and would instead make the candidate with the 
               highest number of votes the winner.

               Currently, the Los Angeles Community College District must 
               hold an additional election if a candidate running for a 
               seat on the board receives less than 50% of the votes cast. 
                The requirement that this additional election be held 
               costs the district between $3 million and $5 million every 
               two years.  This is the equivalent of not being able to 
               educate 1,500 students every two years because of the need 
               to hold an additional election.  The process of a primary 







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               and a runoff has created a significant financial burden for 
               the district which redirects resources away from its core 
               mission of serving students and the community.  The 
               additional funding required to run this election is 
               particularly burdensome in these tight budget years.

           3)Board of Trustee Elections  : Under current law, the LACCD board 
            consists of seven members who are elected at-large from 
            individual seat numbers for terms of four years.  Elections 
            are held every two years, with three members being chosen at 
            one election and four members at the other. If no candidate 
            receives 50 percent or more of the total votes cast, the two 
            candidates receiving the most votes advance to a run-off 
            election. 
             
             Under this proposal, elections for the LACCD Board will be 
            conducted as one single election without a run-off.  The 
            candidate receiving the highest number of votes for an 
            individual seat number is deemed the winner of the seat even 
            if he or she receives less than 50 percent of the total votes 
            cast. 

           1)Cost vs. Benefits of Run-offs  :  It is not unusual for local 
            run-off elections to be the only race on the ballot.  Voter 
            turn-out for local run-off elections may be low, with the 
            election being decided by a small number of voters.  At a time 
            when local jurisdictions are struggling to meet their 
            financial needs against reduced revenues, significant cost 
            savings may be realized by eliminating run-off elections for 
            seats on the LACCD board and putting the resources that would 
            otherwise used for the run-off election towards educational 
            priorities.  
             
             The LACCD covers a large geographical area and their elections 
            are conducted at-large. The entire community votes for all 
            elected positions rather than by district. Within large 
            geographic areas small communities may exist with like 
            interests and needs.  These communities may only be familiar 
            with one candidate on the ballot who represents the issues 
            they find important. If their preferred candidate does not 
            receive the plurality of the vote under this proposal they 
            will not continue to a run-off election even if they receive 
            the second highest number of votes in the election. 
            Eliminating the run-off election may prevent a candidate with 
            significant community support, yet who only acquired the 







                                                                  AB 2572
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            second highest number of votes in the election, from 
            representing his or her community.

            The LACCD believes that by eliminating run-off elections they 
            can save between $3 million to $5 million every two years 
            which can then be directed to their core mission of serving 
            students and the community as a whole. According to their 
            estimates, 1,500 additional students can be served with the 
            money saved by eliminating the run-off elections.  Do the 
            financial savings created by eliminating a run-off election 
            outweigh the benefits of allowing the community to voice their 
            preference between the two highest vote getters at the ballot 
            box?  

           5)State-Mandated Local Program  :  Due to the fact that this bill 
            is sponsored by the LACCD and they are requesting legislative 
            authorization to change the method of their governing board 
            elections, the author may want to consider amending the bill 
            to provide that any state mandate established by this bill is 
            not a reimbursable mandate, in accordance with Section 17556 
            of the Government Code, because it comes at the request of the 
            local affected agency. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles Community College District

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Lori Barber / E. & R. / (916) 319-2094