Bill Text: CA AB2715 | 2013-2014 | Regular Session | Amended
Bill Title: District-based municipal elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2715 Detail]
Download: California-2013-AB2715-Amended.html
BILL NUMBER: AB 2715 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY APRIL 3, 2014
INTRODUCED BY Assembly Member Roger Hernández
( Coauthor: Assembly Member
Alejo )
FEBRUARY 21, 2014
An act to add and repeal Section 14028.5 to
14035 of the Elections Code, and to
add Section 36503.2 to the Government Code, 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.
Existing law authorizes the legislative body of a city to submit
to voters at any municipal or special election an ordinance providing
for the election of members of the legislative body 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.
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.
This bill would permit the legislative body of a city to provide
by ordinance, without submitting the ordinance to the voters of the
city for approval, for the election of members of the legislative
body by district if the voters of the city previously rejected such
an ordinance, as specified. This provision would be repealed on
December 31, 2016.
The bill would, commencing January 1, 2017, require the
legislative body of a city with a population of 100,000 or more, as
determined by the most recent federal decennial census, to provide by
ordinance, without submitting the ordinance to the voters of the
city for approval, for the election of members of the legislative
body by district. The bill would, commencing January 1, 2017, permit
the legislative body of any other city to provide by ordinance,
without submitting the ordinance to the voters of the city for
approval, for the election of members of the legislative body by
district.
The bill would require that the boundary lines of each district be
adjusted in accordance with specified provisions of law.
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. Notwithstanding any other law, 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 in
accordance with Section 36503.2 of the Government Code.
SEC. 2. Section 36503.2 is added to the
Government Code, to read:
36503.2. (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.
SECTION 1. Section 14035 is added to the
Elections Code , to read:
14035. (a) (1) Notwithstanding any other law, if the voters of a
city reject an ordinance providing for the election of members of the
legislative body by district submitted pursuant to Section 34871 of
the Government Code, the legislative body of the city may provide by
ordinance, without submitting the ordinance to the voters of the city
for approval, for the election of members of the legislative body by
district as provided in subdivision (a) or (c) of Section 34871 of
the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(b) This section shall remain in effect only until December 31,
2016, and as of that date is repealed.
SEC. 2. Section 14035 is added to the
Elections Code , to read:
14035. (a) (1) Notwithstanding any other law, the legislative
body of a city may provide by ordinance, without submitting the
ordinance to the voters of the city for approval, for the election of
members of the legislative body by district as provided in
subdivision (a) or (c) of Section 34871 of the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(b) (1) Notwithstanding any other law, the legislative body of a
city with a population of 100,000 or more, as determined by the most
recent federal decennial census, shall adopt an ordinance for the
election of members of the legislative body by district as provided
in subdivision (a) or (c) of Section 34871 of the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(c) This section shall become operative on January 1, 2017.
SEC. 3. 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.
SEC. 4. This act shall become operative on July 1, 2015.
