BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1331|
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THIRD READING
Bill No: SB 1331
Author: Kehoe (D)
Amended: As introduced
Vote: 21
SENATE ELECTIONS & CONST. AMDMTS. COMM. : 5-0, 4/19/12
AYES: Correa, La Malfa, De Le�n, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : San Diego County: independent redistricting
commission
SOURCE : San Diego County Board of Supervisors
DIGEST : This bill establishes the Independent
Redistricting Commission in San Diego County. It requires
the clerk of the San Diego County Board of Supervisors to
select, at random, the members of the Commission from
persons interested in, and qualified to serve on, the
Commission. It requires the County to provide reasonable
staffing and logistical support to the Commission. It
requires the Commission to hold at least seven public
hearings, and requires the Commission to adjust the
boundaries of the supervisorial boundaries of the county,
as specified. It requires the Commission to adopt a
redistricting plan, as specified, and provides that the
plan become effective 30 days following submission to the
clerk of the Board. This bill subjects the plan to
referendum.
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ANALYSIS : Existing law requires the board of supervisors
of each county, following each decennial federal census, to
adjust the boundaries of the supervisorial districts so
that the districts are as nearly equal in population as
possible and in compliance with the federal Voting Rights
Act. In establishing the boundaries of the districts the
board may give consideration to the following factors: (1)
topography, (2) geography, (3) cohesiveness, contiguity,
integrity, and compactness of territory, and (4)
communities of interest.
This bill instead establishes, for San Diego County only, a
five-member Independent Redistricting Commission to adjust
San Diego County's supervisorial districts and requires the
County to provide reasonable staffing and logistical
support to the Commission.
This bill provides that any interested person that meets
the following qualifications may submit his/her name to the
clerk of the Board to be included in a random drawing to
determine the five Commission members and two alternates.
The qualifications are as follows: (1) be a former or
retired state or federal judge, (2) be a resident of San
Diego County, (3) be a registered voter of San Diego
County, and (4) not be a current member of the Board.
This bill requires the Commission to adjust the
supervisorial district boundaries after each decennial
federal census so that the districts are equal, or nearly
equal in population and so that they comply with any
applicable provisions of the federal Voting Rights Act, as
amended. The Commission may consider all of the following
factors in establishing the boundaries of the supervisorial
districts: (1) topography, (2) geography, (3)
cohesiveness, contiguity, integrity, and compactness of
territory, and (4) community of interests in each district.
This bill requires the Board to provide for reasonable
staffing and logistical support for the commission and
provides that the commission shall be subject to the Ralph
M. Brown Act (the open meeting law) and shall conduct at
least seven public hearings with at least one public
hearing held in each supervisorial district. The
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Commission must adopt a redistricting plan adjusting the
boundaries prior to the first day of October of the year
following the year in which each decennial federal census
is taken and the plan shall be subject to referendum in the
same manner as ordinances.
Background
City of San Diego Redistricting Commission . The council
districts for the City of San Diego are already adjusted by
a commission rather that the city council. Pursuant to the
San Diego City Charter, the San Diego Redistricting
Commission is composed of seven members appointed by the
Presiding Judge of the Municipal Court, San Diego Judicial
District. The Presiding Judge must appoint women and men
who will give the Redistricting Commission geographic,
social and ethnic diversity, and who have a high degree of
competency to carry out the responsibilities of the
Commission. The appointees must include individuals with a
demonstrated capacity to serve with impartiality in a
nonpartisan role and must be registered to vote in The City
of San Diego. Persons who accept appointment to the
Commission, at the time of their appointment, must file a
written declaration with the City Clerk stating that within
five years of the Commission's adoption of a final
redistricting plan, they will not seek election to a San
Diego City public office. The districts must be contiguous
and as equal in population and as geographically compact as
possible. The districts must also, as far as possible, be
bounded by natural boundaries, by street lines and/or by
city boundary lines.
Comments
According to the author's office, redistricting is the
process of redrawing, or adjusting, electoral district
boundaries following the decennial federal census to
account for population shifts and growth during the
previous decade. The next redistricting of San Diego
County supervisorial districts will occur following the
census in 2020. Currently, California Elections Code ��
21500 and 21501 require the San Diego County Board of
Supervisors (Board) to redistrict the County's
supervisorial districts. California Constitution Article
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XI � 4 states that county charters are subject to state
statutes relating to redistricting. The Board voted on
January 24, 2012, to seek changes in state law necessary to
create an independent redistricting commission comprised of
retired judges. This bill creates the independent
commission and shifts the authority for redistricting San
Diego County's supervisorial districts from the Board to
the independent commission. Changes to the San Diego
County Charter would conform the Charter to state law,
facilitating implementation and operation of the
independent commission.
Because the Elections Code controls and limits the
redistricting process, the Board cannot reformulate its
redistricting process unless the Legislature changes the
Elections Code to provide for an Independent Redistricting
Commission in San Diego County. Moreover, because San
Diego County voters must approve of any charter changes,
the state must initiate action on this matter so that
voters will know all the relevant statutory changes that
will influence conforming amendments to the county charter.
Throughout the 2011 redistricting process, residents of San
Diego County expressed support for an independent
redistricting commission. On December 6, 2011, the Board
approved its 2012 Legislative Program, which included a
State Sponsorship Proposal to, "Seek a change in state law
that would permit San Diego County to establish an
independent panel of retired judges to conduct
redistricting for the County of San Diego supervisorial
districts." The Board will not seek mandate reimbursement
to implement the terms of this bill when the changes are
confirmed through voter approval of conforming amendments
to the County charter. This District bill will only affect
the drawing of district maps for San Diego County
supervisorial districts.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/3/12)
San Diego County Board of Supervisors (source)
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California State Association of Counties
Latino American Political Association of San Diego
Urban Counties Caucus
DLW:mw 5/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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