Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2715

Introduced by Assembly Member Roger Hernández

February 21, 2014

An act to add Section 14028.5 to the Elections Code, begin insert and to add Section 36503.2 to the Government Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2715, as amended, Roger Hernández. District-based municipal elections.

Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or from districts formed within the political subdivision (district-based). Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election to be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class, as defined. begin delete Existing end delete

begin insert Existing end insert law authorizes the legislative body of a city to submit to voters at any municipal or special election an ordinance providing for begin delete a district-based method of election for end delete the election of members of the legislative body begin insert by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. Under existing law, “by district” means election of members of the legislative body by voters of the district alone and “from district” means election of members of the legislative body who are residents of the district from which they are elected by the voters of the entire city. Existing law prescribes the procedures for the electors to change from the election of these members by district to election from districts or vice versa end insert .

begin delete

This bill would require a district-based election to be imposed for the election of the members of the governing body of a city with a population of 100,000 or more, as determined by the most recent federal decennial census. This bill would authorize a city to petition the superior court for an order permitting the city to impose an at-large method of election for the members of the governing body. This bill would permit the court to grant the order if it determines that imposing an at-large method of election would not violate the California Voting Rights Act of 2001. This bill would provide that a voter may file an action against a city that has been granted an order permitting the city to impose an at-large method of election alleging that the city violated the act.

end delete begin insert

This bill would require the members of the legislative body of a city with a population of 100,000 or more, as determined by the most recent federal decennial census, to be elected by district. This bill would require the legislative body to provide by ordinance, without submitting the ordinance to the electors of the city for approval, for the election of the members in this manner. This bill would require that the boundary lines of each district be adjusted in accordance with specified provisions of law.

end insert

By requiring cities to conduct elections for members of their legislative bodies in a specified manner, this bill 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.

This bill would specify that its provisions become operative on July 1, 2015.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 14028.5 is added to the Elections Code,
to read:

14028.5.  

begin delete (a) end delete begin delete   end delete Notwithstanding any other begin delete provision of end delete law,
begin delete except as provided in subdivision (b), end delete in a city with a population
of 100,000 or more, as determined by the most recent federal
decennial census, a district-based election shall be imposed for the
election of the members of the governing body of the city begin insert in
accordance with Section 36503.2 of the Government Code end insert .

begin delete

(b) A city described in subdivision (a) may petition the superior
court of the county in which the city is located for an order
permitting the city to impose an at-large method of election for
the members of the governing body of the city. The court may
grant the petition if it finds that imposing an at-large method of
election would not violate Sections 14027 and 14028.

end delete begin delete

(c) A voter may file an action under Section 14032 against a
city that has been granted an order permitting the city to impose
an at-large method of election pursuant to subdivision (b) alleging
a violation of Sections 14027 and 14028.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 36503.2 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 36503.2. end insert   

(a) Notwithstanding any other law, the members of
the legislative body of a city with a population of 100,000 or more,
as determined by the most recent federal decennial census, shall
be elected by district as provided in subdivision (a) or (c) of Section
34871. The legislative body shall provide by ordinance, without
submitting the ordinance to the electors of the city for approval,
for the election of members of the legislative body in this manner.

(b) The boundaries of the districts for the legislative body shall
be established and adjusted in accordance with Chapter 7
(commencing with Section 21600) of Division 21 of the Elections
Code.

(c) For purposes for this section, “by district” has the same
meaning as set forth in Section 34871.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

This act shall become operative on July 1, 2015.