BILL ANALYSIS Ó
AB 2715
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2715 (Hernandez) - As Amended: May 8, 2014
Policy Committee: ElectionsVote:5-2
Local Government 5-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill modifies requirements for general law cities to change
from at-large to districts elections, and mandates that some
cities make this change. Specifically, this bill:
1)Authorizes a city, until January 1, 2017, if its voters reject
an ordinance to switch to district elections, to subsequently
implement district elections by ordinance without submitting
that ordinance to the voters for approval.
2)Authorizes a city, after January 1, 2017 to implement district
elections by ordinance without submitting that ordinance to
the voters for approval.
3)Requires cities, after January 1, 2017, with over 100,000 per
the most recent census to implement district elections.
FISCAL EFFECT
For general law cities over 100,000 population that will have
not changed to district elections prior to January 1, 2017,
costs associated with converting after that date will be state
reimbursable. Up to twenty-two cities could be required to
undertake this conversion: Antioch, Concord, Corona, Costa Mesa,
Daly City, El Monte, Fairfield, Fontana, Fremont, Fullerton,
Garden Grove, Murrieta, Norwalk, Ontario, Orange, Oxnard, Rancho
Cucamonga, Santa Clarita, Simi Valley, Temecula, Thousand Oaks,
and West Covina.
Each city would incur costs for city staff as well as a
consulting contract to map the districts. Assuming average costs
AB 2715
Page 2
in the range of $100,000 per city, total one-time General Fund
costs would be $2.2 million, mostly in 2016-17. At least some
cities will also likely incur litigation costs, which
cumulatively could be significant, to the extent the proposed
district boundaries result in legal challenges.
COMMENTS
1)Background . The California Voting Rights Act (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. Approximately
130 local government bodies have transitioned from at-large to
district-based elections since the enactment of the CVRA.
2)Purpose . According to the author, "While the diversity of city
councils across the State has increased, evidence suggests
that at-large based elections unsuccessfully reflect minority
representation in large cities with sizeable minority
populations. Currently, minority groups make up 57% of the
population in California.
"A lack of fair representation still exists in areas with
at-large elections. Several California cities such as Modesto,
Compton, Anaheim, and Whittier have recently undergone
lawsuits seeking minority representation on the councils."
3)Opposition . The California League of Cities objects to a
costly new mandate, arguing that the CVRA already provides
significant leverage for anyone seeking to challenge a city's
at-large election system. The City of Murrieta opposes for
similar reasons.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081