BILL ANALYSIS �
AB 1440
Page 1
ASSEMBLY THIRD READING
AB 1440 (Campos)
As Amended April 8, 2014
Majority vote
ELECTIONS 7-0 LOCAL GOVERNMENT 9-0
-----------------------------------------------------------------
|Ayes:|Fong, Donnelly, Mullin, |Ayes:|Achadjian, Levine, Alejo, |
| |Hall, Logue, Perea, | |Bradford, Gordon, |
| |Rodriguez | |Melendez, Mullin, Rendon, |
| | | |Waldron |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Gatto, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Holden, Jones, Linder, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Wagner, | | |
| |Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires any political subdivision that is switching
from an at-large method of election to a district-based method
of election to hold at least two public hearings on the proposed
district boundaries prior to adopting those boundaries.
Requires the governing body of a district to hold at least one
public hearing on proposed division boundaries prior to a
hearing at which the board votes to adjust the boundaries.
Specifically, this bill :
1)Requires a political subdivision, when switching from an
at-large method of election to a district-based method of
election, to hold at least two public hearings on the proposal
to establish district boundaries prior to the public hearing
at which those boundaries are adopted. Provides that this
requirement applies to, but is not limited to, a proposal that
AB 1440
Page 2
is required due to a court-imposed change from an at-large
method of election to a district-based method of election.
2)Requires the governing board of a district to hold at least
one public hearing on any proposal to adjust the boundaries of
a division prior to a public hearing at which the board votes
to approve or defeat the proposal.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs for districts to hold the required public
hearings would be state reimbursable, and statewide costs would
depend on the number of governments changing to district-based
elections. Costs would be minimized to the extent the public
hearings are consolidated with regularly-scheduled meetings of
the governing body. Any state reimbursable costs are expected
to at most be minor.
COMMENTS : According to the author, "AB 1440 protects the voting
rights for people of color when new district lines are drawn for
local elections such as city councils, school boards, and water
districts. Specifically, when a jurisdiction switches from an
at-large to a district system of elections, AB 1440 requires
that there be at least two open and public hearings prior to
adoption of the new district lines."
SB 976 (Polanco), Chapter 129, Statutes of 2002, enacted the
California Voting Rights Act (CVRA) to address racial block
voting in at-large elections for local office in California.
The CVRA prohibits an at-large method of election from being
imposed or applied in a political subdivision in a manner that
impairs the ability of a protected class of voters to elect the
candidate of its choice or to influence the outcome of an
election, as a result of the dilution or the abridgement of the
rights of voters who are members of the protected class.
In all, approximately 130 local government bodies have
transitioned from at-large to district-based elections since the
enactment of the CVRA. While some jurisdictions did so in
response to litigation or threats of litigation, other
jurisdictions proactively changed election methods because they
believed they could be susceptible to a legal challenge under
the CVRA, and they wished to avoid the potential expense of
litigation.
AB 1440
Page 3
While existing law generally requires cities and counties to
hold at least one public hearing on a proposal to adjust the
boundaries of city council or county supervisorial districts
prior to the hearing at which the council or board votes on the
proposed adjustment, state law does not appear to require
hearings on proposed district boundaries when a local
governmental body transitions from at-large to district-based
elections. Given the large number of jurisdictions that have
been transitioning from at-large to district-based elections due
to the CVRA, many local governmental bodies are in the process
of developing proposed district boundaries without any
requirement that public hearings be conducted to ensure public
access and involvement in those decisions.
Counties, cities, and districts that elect governing board
members using a district-based election system are required
under existing law to adjust the boundaries of the governing
boards' districts in the year following the decennial census.
The purpose of adjusting the district lines is to ensure that
all districts within a local government body have roughly equal
populations. AB 186 (Hertzberg), Chapter 429, Statutes of 1999,
required county boards of supervisors and city councils to hold
a public hearing prior to a vote to adjust the boundaries of
supervisorial or council districts. However, no such public
hearing requirement applies to districts when they are
considering proposals to adjust the boundaries of the governing
board's divisions. This bill expands the requirements of AB 186
such that they apply to districts, in addition to cities and
counties.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0003586