BILL ANALYSIS �
SB 1331
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SENATE THIRD READING
SB 1331 (Kehoe)
As Introduced February 23, 2012
Majority vote
SENATE VOTE :32-3
ELECTIONS 5-1 APPROPRIATIONS 12-5
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|Ayes:|Fong, Bonilla, Hall, |Ayes:|Fuentes, Blumenfield, |
| |Mendoza, Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Establishes a redistricting commission in San Diego
County to adjust the boundaries of supervisorial districts after
each decennial federal census. Specifically, this bill :
1)Provides for the creation of a redistricting commission in San
Diego County. Requires the commission to be comprised of five
members and two alternates. Makes current members of the
county board of supervisors ineligible to serve on the
commission, and requires every member and alternate to be a
resident of and registered voter in San Diego County and a
former or retired state or federal judge.
2)Permits any person who meets the qualifications to serve on
the commission to submit his or her name to the clerk of the
board of supervisors of San Diego County to be included in a
random drawing to select the members and alternates to the
commission. Permits the presiding judge of the San Diego
County Superior Court to assist the clerk of the board of
supervisors in San Diego County in identifying former or
retired judges that may be qualified to be included in the
drawing.
3)Requires the redistricting commission to adjust the
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supervisorial district boundaries after each decennial federal
census. Requires that the boundaries be adjusted so that the
resulting supervisorial districts are equal or nearly equal in
population, and comply with any applicable provisions of
Section 2 of the federal Voting Rights Act.
4)Permits the redistricting commission to consider the following
factors when establishing boundaries of supervisorial
districts: topography; geography; cohesiveness, contiguity,
integrity, and compactness of territory; and, communities of
interests.
5)Requires the board of supervisors of San Diego County to
provide for reasonable staffing and logistical support for the
commission.
6)Makes the redistricting commission subject to the Ralph M.
Brown Act (the state's open meetings law) and requires the
commission to conduct at least seven public hearings with at
least one public hearing held in each supervisorial district.
7)Requires the redistricting commission to adopt a redistricting
plan adjusting the boundaries of supervisorial districts and
to file the plan with the clerk of the board of supervisors
prior to the first day of October of the year following the
year in which each decennial federal census is taken.
Provides that the plan is effective 30 days after it is filed
with the clerk. Provides that the plan is subject to
referendum in the same manner as ordinances.
EXISTING LAW provides that counties that have adopted charters
are subject to statutes that relate to apportioning population
of governing body districts.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs to the county will not be
state-reimbursable, because the county has requested and is
sponsoring this legislation.
COMMENTS : According to the author, "SB 1331 promotes a specific
redistricting reform solution supported by elected officials,
Latino voter advocacy groups, and others from San Diego County.
The San Diego County Board of Supervisors (the County Board)
voted on January 24, 2012 to seek changes in state law necessary
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to create an independent redistricting commission comprised of
retired judges. SB 1331 creates the independent commission and
shifts the authority for redistricting San Diego County's
supervisorial districts from the County 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."
A number of California cities have established redistricting
commissions to adjust city council districts following each
decennial census. Charter cities are able to establish such
commissions because the state Constitution gives charter cities
broad authority over the conduct of city elections and over the
manner in which, method by which, times at which, and terms for
which municipal officers are elected. Charter counties, on the
other hand, are not granted the same level of authority over the
conduct of county elections, and in fact, the state Constitution
explicitly provides that "�c]harter counties are subject to
statutes that relate to apportioning population of governing
body districts." Because existing law does not permit San Diego
County to establish a redistricting commission without statutory
authorization, the San Diego County Board of Supervisors has
sponsored this bill requesting authorization for the county to
create such a commission. This bill goes beyond simply
providing such authorization to San Diego County, however, as it
imposes a number of conditions on the formation and composition
of any commission that the county establishes. Because of the
conditions that this bill creates for any San Diego County
redistricting commission, subsequent legislation would be
required for any change that the voters of San Diego County
wished to make to the structure of the redistricting commission.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0004644
SB 1331
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