Bill Text: CA AB2715 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 2715	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2014

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to add Section 14028.5 to 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 
   Existing  law authorizes the legislative body of a city
to submit to voters at any municipal or special election an ordinance
providing for  a district-based method of election 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 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.  
   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.
   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.   (a)   
Notwithstanding any other  provision of  law,
 except as provided in subdivision (b),  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
 . 
   (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.  
   (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. 
   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. 
   SEC. 2.   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. 3.   SEC. 4.   This act shall
become operative on July 1, 2015.