BILL ANALYSIS �
AB 1440
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1440 (Campos)
As Amended August 7, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |77-0 |(May 27, 2014) |SENATE: |36-0 |(August 13, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: E. & R.
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
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.
The Senate amendments clarify that counties, cities, and
districts are required 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, regardless of whether that adjustment occurs after the
decennial federal census or at another time.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
AB 1440
Page 2
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.
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.
AB 1440
Page 3
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.
Under certain circumstances, a governmental entity that elects
governing board members using a district-based election system
may be required to adjust the boundaries of the board's
districts at a time other than the year following the decennial
census. The Senate amendments clarify that the public hearing
requirements of existing law and of this bill apply any time a
board votes to adjust the boundaries of the board's districts,
regardless of whether that adjustment is in the year following
the decennial census. This bill, as amended in the Senate, is
consistent with Assembly actions.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0004546