Bill Text: CA AB350 | 2015-2016 | Regular Session | Chaptered
Bill Title: District-based municipal elections: preapproval hearings.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 737, Statutes of 2016. [AB350 Detail]
Download: California-2015-AB350-Chaptered.html
BILL NUMBER: AB 350 CHAPTERED
BILL TEXT
CHAPTER 737
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE FEBRUARY 29, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Alejo
FEBRUARY 17, 2015
An act to amend Section 10010 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 350, Alejo. District-based municipal elections: preapproval
hearings.
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 by districts formed within
the political subdivision (district-based). Existing law requires a
political subdivision, as defined, that changes from an at-large
method of election to a district-based election to hold at least 2
public hearings on a proposal to establish the district boundaries of
the political subdivision before a public hearing at which the
governing body of the political subdivision votes to approve or
defeat the proposal.
This bill would instead require a political subdivision that
changes to, or establishes, district-based elections to hold public
hearings before and after drawing a preliminary map or maps of the
proposed district boundaries, as specified.
Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large method of election in a political
subdivision if it would impair the ability of a protected class, as
defined, to elect candidates of its choice or otherwise influence the
outcome of an election. The CVRA provides that a voter who is a
member of a protected class may bring an action in superior court to
enforce its provisions.
This bill would require a prospective plaintiff under the CVRA to
first send a written notice to the political subdivision against
which the action would be brought indicating that the method of
election used by the political subdivision may violate the CVRA. The
bill would permit the political subdivision to take ameliorative
steps to correct the alleged violation before the prospective
plaintiff commences litigation, and it would stay the prospective
plaintiff's ability to file suit for a prescribed amount of time.
This bill would also permit a prospective plaintiff who sent a
written notice, as described, to recover from the political
subdivision reasonable costs incurred in supporting the written
notice.
Because the bill would impose additional duties on local agencies,
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10010 of the Elections Code is amended to read:
10010. (a) A political subdivision that changes from an at-large
method of election to a district-based election, or that establishes
district-based elections, shall do all of the following before a
public hearing at which the governing body of the political
subdivision votes to approve or defeat an ordinance establishing
district-based elections:
(1) Before drawing a draft map or maps of the proposed boundaries
of the districts, the political subdivision shall hold at least two
public hearings over a period of no more than thirty days, at which
the public is invited to provide input regarding the composition of
the districts. Before these hearings, the political subdivision may
conduct outreach to the public, including to non-English-speaking
communities, to explain the districting process and to encourage
public participation.
(2) After all draft maps are drawn, the political subdivision
shall publish and make available for release at least one draft map
and, if members of the governing body of the political subdivision
will be elected in their districts at different times to provide for
staggered terms of office, the potential sequence of the elections.
The political subdivision shall also hold at least two additional
hearings over a period of no more than 45 days, at which the public
is invited to provide input regarding the content of the draft map or
maps and the proposed sequence of elections, if applicable. The
first version of a draft map shall be published at least seven days
before consideration at a hearing. If a draft map is revised at or
following a hearing, it shall be published and made available to the
public for at least seven days before being adopted.
(b) In determining the final sequence of the district elections
conducted in a political subdivision in which members of the
governing body will be elected at different times to provide for
staggered terms of office, the governing body shall give special
consideration to the purposes of the California Voting Rights Act of
2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of
this code), and it shall take into account the preferences expressed
by members of the districts.
(c) This section 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 election.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "At-large method of election" has the same meaning as set
forth in subdivision (a) of Section 14026.
(2) "District-based election" has the same meaning as set forth in
subdivision (b) of Section 14026.
(3) "Political subdivision" has the same meaning as set forth in
subdivision (c) of Section 14026.
(e) (1) Before commencing an action to enforce Sections 14027 and
14028, a prospective plaintiff shall send by certified mail a written
notice to the clerk of the political subdivision against which the
action would be brought asserting that the political subdivision's
method of conducting elections may violate the California Voting
Rights Act.
(2) A prospective plaintiff shall not commence an action to
enforce Sections 14027 and 14028 within 45 days of the political
subdivision's receipt of the written notice described in paragraph
(1).
(3) (A) Before receiving a written notice described in paragraph
(1), or within 45 days of receipt of a notice, a political
subdivision may pass a resolution outlining its intention to
transition from at-large to district-based elections, specific steps
it will undertake to facilitate this transition, and an estimated
time frame for doing so.
(B) If a political subdivision passes a resolution pursuant to
subparagraph (A), a prospective plaintiff shall not commence an
action to enforce Sections 14027 and 14028 within 90 days of the
resolution's passage.
(f) (1) If a political subdivision adopts an ordinance
establishing district-based elections pursuant to subdivision (a), a
prospective plaintiff who sent a written notice pursuant to
subdivision (e) before the political subdivision passed its
resolution of intention may, within 30 days of the ordinance's
adoption, demand reimbursement for the cost of the work product
generated to support the notice. A prospective plaintiff shall make
the demand in writing and shall substantiate the demand with
financial documentation, such as a detailed invoice for demography
services. A political subdivision may request additional
documentation if the provided documentation is insufficient to
corroborate the claimed costs. A political subdivision shall
reimburse a prospective plaintiff for reasonable costs claimed, or in
an amount to which the parties mutually agree, within 45 days of
receiving the written demand, except as provided in paragraph (2). In
all cases, the amount of the reimbursement shall not exceed the cap
described in paragraph (3).
(2) If more than one prospective plaintiff is entitled to
reimbursement, the political subdivision shall reimburse the
prospective plaintiffs in the order in which they sent a written
notice pursuant to paragraph (1) of subdivision (e), and the 45-day
time period described in paragraph (1) shall apply only to
reimbursement of the first prospective plaintiff who sent a written
notice. The cumulative amount of reimbursements to all prospective
plaintiffs shall not exceed the cap described in paragraph (3).
(3) The amount of reimbursement required by this section is capped
at $30,000, as adjusted annually to the Consumer Price Index for All
Urban Consumers, U.S. city average, as published by the United
States Department of Labor.
SEC. 2. 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.
