AB 1440,
as amended, Campos. Elections:begin delete rights of voters:end deletebegin insert district boundariesend insertbegin insert:end insert public hearing.
begin deleteExisting law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. end deletebegin insert Existing law requires county boards of supervisors and the councils of general law and charter cities that elect members by or from districts following each decennial federal census, and
using that census as a basis, to adjust the boundaries of the supervisorial and council districts, as specified. end insertExisting law requires a county board of supervisors or a city council of a general law city or the governing body of a charter city to hold at least one public hearing on any proposal to adjust the boundaries of a districtbegin delete for the purpose of electionsend delete prior to a public hearing at which the board or council votes to approve or defeat the proposal.
This bill wouldbegin insert alsoend insert requirebegin delete a political subdivisionend deletebegin insert the governing body of a districtend insert to hold at least one
public hearing on a proposal tobegin delete change from an at-large method of election to a district-based electionend deletebegin insert adjust the boundaries of the districtend insert prior to a public hearing at which thebegin delete political subdivisionend deletebegin insert governing body of the districtend insert votes to approve or defeat the proposal.begin insert The bill would require a political subdivision that changes from an at-large method of election to a district-based election, as defined, to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision prior to a public hearing at
which the governing body of the political subdivision votes to approve or defeat the proposal.end insert
Because the bill would impose additional duties on local agencies, 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: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 14033 is added to the Elections Code, to
2read:
(a) A political subdivision shall hold at least one public
4hearing on a proposal to change from an at-large method of election
5to a district-based election prior to a public hearing at which the
6political subdivision votes to approve or defeat the proposal.
7(b) This section applies to, but is not limited to, a proposal that
8is required due to a court-imposed change from an at-large method
9of election to a district-based election.
begin insertChapter 2 (commencing with Section 10010) is
11added to Part 1 of Division 10 of the end insertbegin insertElections Codeend insertbegin insert, to read:end insert
(a) A political subdivision that changes from an
4at-large method of election to a district-based election shall hold
5at least two public hearings on a proposal to establish the district
6boundaries of the political subdivision prior to a public hearing
7at which the governing body of the political subdivision votes to
8approve or defeat the proposal.
9(b) This section applies to, but is not limited to, a proposal that
10is required due to a court-imposed change from an at-large method
11of election to a district-based election.
12(c) For purposes of this section, the following terms have the
13following meanings:
14(1) “At-large method of election” has the same meaning as set
15forth in subdivision (a) of Section 14026.
16(2) “District-based election” has the same meaning as set forth
17in subdivision (b) of Section 14026.
18(3) “Political subdivision” has the same meaning as set forth
19in subdivision (c) of Section 14026.
begin insertSection 22001 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert
begin insertThe governing body of a district shall hold at least one
22public hearing on any proposal to adjust the boundaries of the
23district prior to a public hearing at which the governing body votes
24to approve or defeat the proposal.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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