Bill Text: CA AB849 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: city and county redistricting.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 557, Statutes of 2019. [AB849 Detail]

Download: California-2019-AB849-Amended.html

Amended  IN  Assembly  March 14, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 849

Introduced by Assembly Member Bonta

February 20, 2019

An act to amend Section 21601 of the Elections Code, Sections 1002, 5019, 5019.5, 5027, and 5028 of, to add Sections 1002.1, 1002.2, 1002.21, 1002.22, 1002.23, 1002.3, 5019.6, 5019.71, 5019.72, 5019.73, and 5019.8 to, and to repeal and add Sections 1005 and 5019.7 of, the Education Code, to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21507.2, 21507.3, 21508, 21509, 21605, 21607.1, 21607.2, 21607.3, 21608, 21609, 21622, 21623, 21624, 21625, 21626, 21627, 21627.1, 21627.2, 21627.3, 21628, 21629, 22002, 22003, 22004, 22005, 22006, 22007, 22007.1, 22007.2, 22007.3, 22008, and 22009 to, to repeal Sections 21502 and 21504 of, and to repeal and add Sections 21503, 21602, 21603, 21604, 21620, 21621, 22000, and 22001 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 849, as amended, Bonta. Elections: district boundaries. local redistricting.
Existing law establishes criteria and procedures pursuant to which local jurisdictions, including cities, counties, special districts, school districts, community college districts, and county boards of education, adjust or adopt district, division, or trustee area boundaries, as applicable, for the purpose of electing members of the local jurisdiction’s governing body.
This bill would revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district, division, or trustee area boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines pursuant to which the governing body shall adopt new boundaries. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the 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 the statutory provisions noted above.

Existing law requires the councils of general law cities that elect members by or from districts to adjust the boundaries of the council districts following each decennial federal census, using that census as a basis. Existing law permits a council to consider various factors in establishing the boundaries.

This bill additionally would permit the council to consider existing neighborhoods in establishing the boundaries.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.

SEC. 2.

 Section 1002 of the Education Code is amended to read:

1002.
 (a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county, or propose to increase or decrease the number of members of the county board of education, or both. The education.
(b) Following each federal decennial census, the county board of education shall request the county committee on school district organization to adopt the boundaries of the trustee areas of the county. The trustee areas shall be as nearly equal in population as may be, except that in establishing or changing the boundaries of the trustee areas the county committee may give consideration to the following factors:

(1)Topography.

(2)Geography.

(3)Cohesiveness, contiguity, integrity, and compactness of territory.

(4)Community of interests of the trustee areas.

In any event, the county committee shall ensure that trustee areas are as nearly equal in population as practicable.

(b)Following each decennial federal census, and using population figures validated by the Population Research Unit of the Department of Finance as a basis, the county committee shall adjust the boundaries of any or all of the trustee areas of the county board of education as necessary to meet the population criteria set forth in subdivision (a).

substantially equal in population as required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the county as determined by that census.
(2) Notwithstanding paragraph (1), the inmates of a state correctional facility, as that term is used in Section 21003 of the Elections Code, shall not be counted toward a county’s population, except for those inmates whose last known place of residence may be assigned to a census block in the county.
(c) The county committee shall adopt trustee area boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(d) The county committee shall adopt trustee area boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, trustee areas shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single trustee area for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Trustee area boundaries should be easily identifiable and understandable by residents. To the extent practicable, trustee areas shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, trustee areas shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(e) The county committee shall not adopt trustee area boundaries for the purpose of favoring or discriminating against a political party.
(f) The county committee shall assign area numbers or letters to the new trustee areas in a manner that, for the greatest number of residents possible, a resident’s new trustee area number or letter is the same as the resident’s old trustee area number or letter, unless another manner for assigning area numbers or letters is provided for by resolution of the county committee.
(g) Within two weeks of adopting final trustee area boundaries, the county committee shall issue a report that explains the basis on which the county committee made its decisions in achieving compliance with the criteria set forth in this section.

(c)

(h) Changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year.

(d)

(i) In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the county committees on school district organization shall fix the boundaries of trustee areas, insofar as possible, to coincide with the boundaries of school districts.

(e)

(j) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, the election for members of the county board of education shall be consolidated with the countywide election.

SEC. 3.

 Section 1002.1 is added to the Education Code, to read:

1002.1.
 (a) The boundaries of the county board of education trustee areas shall be adopted by the county committee no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but no later than 151 days before the county board of education’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the county committee from holding public hearings or workshops on the placement of trustee area boundaries before August 31.
(b) If the county committee does not adopt trustee area boundaries by the deadline set forth in subdivision (a), the chief legal officer of the county board of education shall immediately petition the superior court in the county in which the county board of education is located for an order adopting trustee area boundaries. If the chief legal officer does not petition the superior court within five days after the deadline, any resident of the county may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the county board of education for doing so.
(c) (1) Upon finding that a petition filed pursuant to subdivision (b) is valid, the superior court shall adopt trustee area boundaries in accordance with the criteria set forth in Section 1002, which shall be used in the county board of education’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new trustee area boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the trustee area boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the trustee area boundaries. The county board of education shall pay the cost for the special master.
(4) The trustee area boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution of the county committee.

SEC. 4.

 Section 1002.2 is added to the Education Code, to read:

1002.2.
 Before adopting county board of education trustee area boundaries pursuant to Section 1002 or 1002.1, or for any other reason, the county committee shall hold public hearings on the proposal, in accordance with Section 1002.21, 1002.22, or 1002.23.

SEC. 5.

 Section 1002.21 is added to the Education Code, to read:

1002.21.
 (a) This section applies to a county with a population of fewer than 50,000 residents.
(b) Before the county committee draws a draft map or maps of the proposed trustee area boundaries, the county committee shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the county committee shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the county committee that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 6.

 Section 1002.22 is added to the Education Code, to read:

1002.22.
 (a) This section applies to a county with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the county committee draws a draft map or maps of the proposed trustee area boundaries, the county committee shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the county committee shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least two public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the county committee that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 7.

 Section 1002.23 is added to the Education Code, to read:

1002.23.
 (a) This section applies to a county with a population of 100,000 or more residents.
(b) Before the county committee draws a draft map or maps of the proposed trustee area boundaries, the county committee shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the county committee shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least three public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the county committee that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 8.

 Section 1002.3 is added to the Education Code, to read:

1002.3.
 (a) The county committee shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the county, including those active in language minority communities.
(b) The county committee shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the county committee shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of trustee area boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the internet for at least seven days before being adopted by the county committee provided that, if there are fewer than 165 days until the district’s next regular election, the draft map may instead be published on the internet for at least three days.
(3) Each draft map prepared by a member of the county committee or by employees of the county committee shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed trustee area, to the extent the county committee has that data.
(e) The county committee shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the county committee in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The county committee shall establish, and maintain for at least 10 years after the adoption of new trustee area boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the county board of education, in English and applicable languages.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the county committee, in English and applicable languages.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the county committee at a public hearing.
(7) The adopted final map of trustee area boundaries and the companion report required by subdivision (g) of Section 1002.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201 of the Elections Code.

SEC. 9.

 Section 1005 of the Education Code is repealed.
1005.

The boundaries of any trustee area shall not at any time be changed so as to affect the term of office of any member of the county board of education who has been elected and whose term of office has not expired.

SEC. 10.

 Section 1005 is added to the Education Code, to read:

1005.
 (a) (1) A change in trustee area boundaries shall not affect the term of office of any member of the county board of education.
(2) If trustee area boundaries are changed, the member of a trustee area whose boundaries have been changed shall continue to be the member of the trustee area bearing the number of the member’s trustee area as formerly comprised until the office becomes vacant by means of term expiration or otherwise, whether or not the member is a resident within the boundaries of the current trustee area.
(3) The successor to the office in a trustee area whose boundaries have been changed shall be a resident and voter of that trustee area.
(b) At the first regular election for members of the county board of education following the redistricting of trustee area boundaries, a member shall be elected for each trustee area that has the same number as the prior trustee area whose incumbent member’s term is due to expire.

SEC. 11.

 Section 5019 of the Education Code is amended to read:

5019.
 (a) (1) Except in a school district governed by a board of education provided for in the charter of a city or city and county, in any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, areas consistent with the requirements and criteria set forth in Section 5019.5, abolish trustee areas, and increase to seven from five, or decrease from seven to five, the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030.
(2) For any school district whose average daily attendance during the preceding year was less than 300, the county committee on school district organization may decrease from five to three the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030.
(b) The county committee on school district organization may establish or abolish a common governing board for a high school district and an elementary school district within the boundaries of the high school district. The resolution of the county committee on school district organization approving the establishment or abolition of a common governing board shall be presented to the electors of the school districts as specified in Section 5020.
(c) (1) A proposal to make the changes described in subdivision (a) or (b) may be initiated by the county committee on school district organization or made to the county committee on school district organization either by a petition signed by 5 percent or 50, whichever is less, of the qualified registered voters residing in a district in which there are 2,500 or fewer qualified registered voters, by 3 percent or 100, whichever is less, of the qualified registered voters residing in a district in which there are 2,501 to 10,000 qualified registered voters, by 1 percent or 250, whichever is less, of the qualified registered voters residing in a district in which there are 10,001 to 50,000 qualified registered voters, by 500 or more of the qualified registered voters residing in a district in which there are 50,001 to 100,000 qualified registered voters, by 750 or more of the qualified registered voters residing in a district in which there are 100,001 to 250,000 qualified registered voters, or by 1,000 or more of the qualified registered voters residing in a district in which there are 250,001 or more qualified registered voters or by resolution of the governing board of the district. For this purpose, the necessary signatures for a petition shall be obtained within a period of 180 days before the submission of the petition to the county committee on school district organization, and the number of qualified registered voters in the district shall be determined pursuant to the most recent report submitted by the county elections official to the Secretary of State under Section 2187 of the Elections Code.
(2) When a proposal is made pursuant to paragraph (1), the county committee on school district organization shall call and conduct at least one hearing in the district on the matter. At the conclusion of the hearing, the county committee on school district organization shall approve or disapprove the proposal.
(d) If the county committee on school district organization approves pursuant to subdivision (a) the rearrangement of the boundaries of trustee areas for a particular district, then the rearrangement of the trustee areas shall be effectuated for the next district election occurring at least 120 days after its approval, unless at least 5 percent of the registered voters of the district sign a petition requesting an election on the proposed rearrangement of trustee area boundaries. The petition for an election shall be submitted to the county elections official within 60 days of the proposal’s adoption by the county committee on school district organization. If the qualified registered voters approve pursuant to subdivision (b) or (c) the rearrangement of the boundaries to the trustee areas for a particular district, the rearrangement of the trustee areas shall be effective for the next district election occurring at least 120 days after its approval by the voters.

SEC. 12.

 Section 5019.5 of the Education Code is amended to read:

5019.5.
 (a) Following each decennial federal census, federal decennial census, and using population figures as validated by the Population Research Unit of the Department of Finance that census as a basis, the governing board of each school district or community college district in which trustee areas have been established, and in which each trustee is elected by the residents of the area he or she the trustee represents, shall adjust the boundaries of any or all of the trustee areas of the district so that one or both of the following conditions is satisfied:
(1) The population of each area is, as nearly as may be, is substantially the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board. board as required by the United States Constitution.

(2)The population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas.

(b)The boundaries of the trustee areas shall be adjusted by the governing board of each school district or community college district, in accordance with subdivision (a), before the first day of March of the year following the year in which the results of each decennial census are released. If the governing board fails to adjust the boundaries before the first day of March of the year following the year in which the results of each decennial census are released, the county committee on school district organization shall do so before the 30th day of April of the same year.

The governing board of the school district or community college district shall reimburse all reasonable costs incurred by a county committee in adjusting the boundaries pursuant to this subdivision.

(c)Except to the extent that the adjustment of trustee area boundaries is necessary for the purposes set forth in this section, the authority to establish or abolish trustee areas, rearrange the boundaries of trustee areas, increase or decrease the number of members of the governing board, or adopt any method of electing governing board members may be exercised only as otherwise provided under this article.

(2) The population of each area is substantially equal in population as required by the United States Constitution.
(b) For purposes of this section, “total population” means the total population of residents of the school district or community college district as determined by the most recent census. However, the inmates of a state correctional facility, as that term is used in Section 21003 of the Elections Code, shall not be counted towards a school district’s or community college district’s population, except for those inmates whose last known place of residence may be assigned to a census block in the school district or community college district.
(c) The governing board shall adopt trustee area boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(d) The governing board shall adopt trustee area boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, trustee areas shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single trustee area for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Trustee area boundaries should be easily identifiable and understandable by residents. To the extent practicable, trustee areas shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the school district or community college district.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, trustee areas shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(e) The governing board shall not adopt trustee area boundaries for the purpose of favoring or discriminating against a political party.
(f) The governing board shall assign area numbers or letters to the new trustee areas in a manner that, for the greatest number of residents possible, a resident’s new trustee area number or letter is the same as the resident’s old trustee area number or letter, unless another manner for assigning area numbers or letters is provided for by resolution of the governing board.
(g) Within two weeks of adopting final trustee area boundaries, the governing board shall issue a report that explains the basis on which the governing board made its decisions in achieving compliance with the criteria set forth in this section.

SEC. 13.

 Section 5019.6 is added to the Education Code, to read:

5019.6.
 (a) The boundaries of the school district or community college district trustee areas shall be adopted by the governing board no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but no later than 151 days before the school district’s or community college district’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the governing board from holding public hearings or workshops on the placement of trustee area boundaries before August 31.
(b) If the governing board does not adopt trustee area boundaries by the deadline set forth in subdivision (a), the chief legal officer of the school district or community college district shall immediately petition the superior court of a county in which the district is located for an order adopting trustee area boundaries. If the chief legal officer does not petition the superior court within five days after the deadline, any resident of the district may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the district for doing so.
(c) (1) Upon finding that a petition filed pursuant to subdivision (b) is valid, the superior court shall adopt trustee area boundaries in accordance with the criteria set forth in Section 5019.5, which shall be used in the school district’s or community college district’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new trustee area boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the trustee area boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the trustee area boundaries. The school district or community college district shall pay the cost for the special master.
(4) The trustee area boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution of the governing board.

SEC. 14.

 Section 5019.7 of the Education Code is repealed.
5019.7.

Section 5019.5 shall not apply to multiple campus community college districts with campuses in more than one county.

SEC. 15.

 Section 5019.7 is added to the Education Code, to read:

5019.7.
 Before adopting school district or community college district trustee area boundaries pursuant to Section 5019.5, or for any other reason, the governing board shall hold public hearings on the proposal, in accordance with Section 5019.71, 5019.72, or 5019.73.

SEC. 16.

 Section 5019.71 is added to the Education Code, to read:

5019.71.
 (a) This section applies to a school district or community college district with a population of fewer than 50,000 residents.
(b) Before the governing board draws a draft map or maps of the proposed trustee area boundaries, the governing board shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the governing board shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the district.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the governing board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 17.

 Section 5019.72 is added to the Education Code, to read:

5019.72.
 (a) This section applies to a school district or community college district with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the governing board draws a draft map or maps of the proposed trustee area boundaries, the governing board shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the governing board shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the district.
(e) At least two public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the governing board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 18.

 Section 5019.73 is added to the Education Code, to read:

5019.73.
 (a) This section applies to a school district or community college district with a population of 100,000 or more residents.
(b) Before the governing board draws a draft map or maps of the proposed trustee area boundaries, the governing board shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more trustee areas.
(c) After drawing a draft map or maps, the governing board shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the district.
(e) At least three public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the governing board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 19.

 Section 5019.8 is added to the Education Code, to read:

5019.8.
 (a) The governing board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the district, including those active in language minority communities.
(b) The governing board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the governing board shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of division boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the Internet for at least seven days before being adopted by the governing board provided that, if there are fewer than 165 days until the district’s next regular election, the draft map may instead be published on the Internet for at least three days.
(3) Each draft map prepared by a member of the governing board or by employees of the special district shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed trustee area, to the extent the school district or community college district has that data.
(e) The governing board shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the governing board in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The governing board shall establish, and maintain for at least 10 years after the adoption of new division boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the school district or community college district, in English and applicable languages.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the governing board, in English and applicable languages.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the governing board at a public hearing.
(7) The adopted final map of trustee area boundaries and the companion report required by subdivision (g) of Section 5019.5.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the school district or community college district pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201.

SEC. 20.

 Section 5027 of the Education Code is amended to read:

5027.
 Whenever Notwithstanding Sections 5019.5, 5019.6, and 5019.7, whenever the boundaries of a county high school district are coterminous with the boundaries of a county, the board shall consist of one member from each supervisorial district in the county elected at large from the district.

SEC. 21.

 Section 5028 of the Education Code is amended to read:

5028.
 In every community college district which was divided into five wards trustee areas on or before September 7, 1955, one member of the board shall be elected from each ward trustee area by the registered voters of the ward. On or before January 1st of a fiscal year the governing board of the district may rearrange the boundaries of the wards to provide for representation in accordance with population and geographic factors or may abolish the wards. trustee area.

SEC. 22.

 Section 21500 of the Elections Code is amended to read:

21500.
 (a) Following each decennial federal federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or all of the supervisorial districts of the county so that the supervisorial districts shall be as nearly substantially equal in population as may be and shall comply with the applicable provisions of Section 10301 of Title 52 of the United States Code, as amended. In establishing the boundaries of the supervisorial districts the board may give consideration to the following factors: (a) topography, (b) geography, (c) cohesiveness, contiguity, integrity, and compactness of territory, and (d) community of interests of the supervisorial districts. required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the county as determined by that census.
(2) Notwithstanding paragraph (1), the inmates of a state correctional facility, as that term is used in Section 21003, shall not be counted as part of a county’s population, except for those inmates whose last known place of residence may be assigned to a census block in the county.
(b) The board shall adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c) The board shall adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, supervisorial districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single supervisorial district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) To the extent practicable, the geographic integrity of a city shall be respected in a manner that minimizes its division.
(4) Supervisorial district boundaries should be easily identifiable and understandable by residents. To the extent practicable, supervisorial districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
(5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, supervisorial districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(d) The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
(e) The board shall assign district numbers to the new supervisorial districts in a manner that, for the greatest number of residents possible, a resident’s new supervisorial district number is the same as the resident’s old supervisorial district number, unless another manner for assigning district numbers is provided for by ordinance.
(f) Within two weeks of adopting final supervisorial district boundaries, the board shall issue a report that explains the basis on which the board made its decisions in achieving compliance with the criteria set forth in this section.

SEC. 23.

 Section 21500.1 is added to the Elections Code, to read:

21500.1.
 (a) This article applies only to counties electing members of the board of supervisors by districts or from districts.
(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court, or to limit a federal or state court’s ability to fashion a remedy that conflicts with this article.

SEC. 24.

 Section 21501 of the Elections Code is amended to read:

21501.
 The boundaries of the supervisorial districts shall be adjusted adopted by the board before the first day of November of the year following the year in which each decennial federal census is taken. If the board fails to adjust the boundaries before the first day of November following the year in which the federal census is taken, a supervisorial redistricting commission shall do so before the 31st day of December of the same year. The adjustment of the district boundaries shall be immediately effective the same as if the act of the supervisorial redistricting commission were an ordinance of the board, subject, however, to the same provisions of referendum as apply to ordinances of the board. no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but no later than 151 days before the county’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 31.

SEC. 25.

 Section 21502 of the Elections Code is repealed.
21502.

The supervisorial redistricting commission shall be composed of the district attorney, who shall be chairman, the county assessor, and the county elections official if he or she is elected by the qualified electors of the county, or, if not, the county superintendent of schools if he or she is elected by the qualified electors of the county, or, if not, the sheriff.

SEC. 26.

 Section 21503 of the Elections Code is repealed.
21503.

At any time between the decennial adjustments of district boundaries, the board may cause a census of the county to be taken as provided in Section 26203 of the Government Code, and may adjust the boundaries of the supervisorial districts on the basis of that census, or on the basis of population estimates prepared by the State Department of Finance or the county planning department or planning commission, pursuant to Section 21500.

SEC. 27.

 Section 21503 is added to the Elections Code, to read:

21503.
 (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the board to redistrict.
(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.
(3) The boundaries of the county change by the addition or subtraction of territory.
(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.

SEC. 28.

 Section 21504 of the Elections Code is repealed.
21504.

Any person claiming that the estimates of population used in the redistricting pursuant to Section 21503 do not reflect the current population within the district boundaries more accurately than the most recent census data, may commence an action in the superior court in declaratory relief to determine that fact. The action shall be brought within 30 days after the adoption of the redistricting ordinance.

SEC. 29.

 Section 21506 of the Elections Code is amended to read:

21506.
 (a) The term of office of any supervisor who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she the supervisor was elected.
(b) At the first election for county supervisors in each county following adjustment adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the readjusted new district plan that has the same district number as a district whose incumbent’s term is due to expire.
(c) A change in the boundaries of a supervisorial district shall not be made within 45 days before the first day for circulating nomination papers for an election of supervisors in the county or between the direct primary election and the general election.
(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.

SEC. 30.

 Section 21507 of the Elections Code is amended to read:

21507.
 Before adjusting the boundaries of a district pursuant to Section 21500, 21503, or 21504, 21501 or 21503, or for any other reason, the board shall hold at least one public hearing on the proposal to adjust the boundaries of the district prior to the public hearing at which the board votes to approve or defeat the proposal. public hearings on the proposal in accordance with Section 21507.1, 21507.2, or 21507.3.

SEC. 31.

 Section 21507.1 is added to the Elections Code, to read:

21507.1.
 (a) This section applies to a county with a population of fewer than 50,000 residents.
(b) Before the board draws a draft map or maps of the proposed supervisorial district boundaries, the board shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more supervisorial districts.
(c) After drawing a draft map or maps, the board shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 32.

 Section 21507.2 is added to the Elections Code, to read:

21507.2.
 (a) This section applies to a county with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the board draws a draft map or maps of the proposed supervisorial district boundaries, the board shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more supervisorial districts.
(c) After drawing a draft map or maps, the board shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least two public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 33.

 Section 21507.3 is added to the Elections Code, to read:

21507.3.
 (a) This section applies to a county with a population of 100,000 or more residents.
(b) Before the board draws a draft map or maps of the proposed supervisorial district boundaries, the board shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more supervisorial districts.
(c) After drawing a draft map or maps, the board shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the county.
(e) At least three public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 34.

 Section 21508 is added to the Elections Code, to read:

21508.
 (a) The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the county, including those active in language minority communities.
(b) The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the board shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of supervisorial district boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the Internet for at least seven days before being adopted by the board provided that, if there are fewer than 165 days until the county’s next regular election, the draft map may instead be published on the Internet for at least three days.
(3) Each draft map prepared by a member of the board or by employees of the county shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed supervisorial district, to the extent the county has that data.
(e) The board shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the board in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The board shall establish, and maintain for at least 10 years after the adoption of new supervisorial district boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the county, in English and applicable languages.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the board at a public hearing.
(7) The adopted final map of supervisorial district boundaries and the companion report required by subdivision (f) of Section 21500.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201.

SEC. 35.

 Section 21509 is added to the Elections Code, to read:

21509.
 (a) If the board does not adopt supervisorial district boundaries by the deadlines set forth in Section 21501, the county counsel shall immediately petition the superior court of the county for an order adopting supervisorial district boundaries. If the county counsel does not petition the superior court within five days after the deadline, any resident of the county may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the county for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt supervisorial district boundaries in accordance with the criteria set forth in Section 21500, which shall be used in the county’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new supervisorial district boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the supervisorial district boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the supervisorial district boundaries. The county shall pay the cost for the special master.
(4) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the board.

SEC. 36.

 Section 21600 of the Elections Code is amended to read:

21600.
 (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.
(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court, or to limit a federal or state court’s ability to fashion a remedy that conflicts with one or more of the provisions in this article.

Section 21601 of the Elections Code is amended to read:

21601.
 (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adjust the boundaries of adopt boundaries for any or all of the council districts of the city so that the council districts shall be as nearly substantially equal in population as required by the United States Constitution. population as may be and shall comply with the applicable provisions of Section 10301 of Title 52 of the United States Code, as amended.

(b)In establishing the boundaries of the council districts, the council may give consideration to all of the following factors:

(1)Topography.

(2)Geography.

(3)Cohesiveness, contiguity, integrity, and compactness of territory.

(4)Neighborhoods.

(5)Community of interests of the council districts.

(1) Population equality shall be based on the total population of residents of the city as determined by that census.
(2) Notwithstanding paragraph (1), the inmates of a state correctional facility, as that term is used in Section 21003, shall not be counted as part of a city’s population, except for those inmates whose last known place of residence may be assigned to a census block in the city.
(b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
(e) The council shall assign district numbers to the new council districts in a manner that, for the greatest number of residents possible, a resident’s new council district number is the same as the resident’s old council district number, unless another manner for assigning district numbers is provided for by ordinance.
(f) Within two weeks of adopting final council district boundaries, the council shall issue a report that explains the basis on which the council made its decisions in achieving compliance with the criteria set forth in this section.

SEC. 38.

 Section 21602 of the Elections Code is repealed.
21602.

The boundaries of the council districts shall be adjusted by the council before the first day of November of the year following the year in which each decennial federal census is taken.

Notwithstanding Article 2 (commencing with Section 34870) of Chapter 7 of Part 1 of Division 2 of Title 4 of the Government Code, if the council fails to adjust the boundaries prior to the 90th day before the final date for registration of electors for an election of council members in the city, each council member to be elected at that election and at any succeeding election shall have the qualifications required by Section 34883 of the Government Code, but shall be elected at large. Council members shall continue to be so elected until the council adjusts the boundaries of the districts.

SEC. 39.

 Section 21602 is added to the Elections Code, to read:

21602.
 The boundaries of the council districts shall be adopted by the council no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but not later than 151 days before the city’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 31.

SEC. 40.

 Section 21603 of the Elections Code is repealed.
21603.

If at any time between each decennial federal census, a city annexes territory or consolidates with another city, the legislative body of the city annexing the territory or the legislative body of the consolidated city, shall reexamine the boundaries of its council districts after the first census is taken or the first current population estimates are obtained, following the annexation or consolidation.

If upon reexamination, the legislative body finds that the population of any council district has varied so that the districts no longer meet the criteria specified in Section 21601, the legislative body shall, within 60 days after the census is taken, or current population estimate received, by ordinance or resolution, adjust the boundaries of any or all of the council districts of the city so that the districts shall be as nearly equal in population as may be.

SEC. 41.

 Section 21603 is added to the Elections Code, to read:

21603.
 (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.
(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:
(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.
(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population, as determined by the most recent federal decennial census.

SEC. 42.

 Section 21604 of the Elections Code is repealed.
21604.

Any person claiming that the estimates of population used in the redistricting pursuant to Section 21603 do not reflect the current population within the district boundaries more accurately than the most recent census data, may commence an action in the superior court in declaratory relief to determine that fact. The action shall be brought within 42 days after the adoption of the redistricting ordinance or resolution.

SEC. 43.

 Section 21604 is added to the Elections Code, to read:

21604.
 (a) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made more than 180 days before the city’s next regular election, the council shall adopt new council district boundaries at least 151 days before the next regular election, based on data from the most recent federal decennial census.
(b) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made between 180 days and 151 days, inclusive, before the city’s next regular election, the council shall adopt new council district boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(c) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made less than 151 days before the city’s next regular election, the council may adopt new council district boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(d) For purposes of this section, a legal commitment to adopt new district boundaries includes the following:
(1) A resolution or ordinance to adopt by district or from district elections, whether enacted by the council or the voters.
(2) A legal settlement that requires a city to adopt by district or from district elections.
(3) A resolution of intent to transition from at-large to district-based elections pursuant to paragraph (3) of subdivision (e) of Section 10010.
(e) This section applies only to districting or mid-cycle redistricting pursuant to Section 21603.

SEC. 44.

 Section 21605 is added to the Elections Code, to read:

21605.
 (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.
(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.

SEC. 45.

 Section 21606 of the Elections Code is amended to read:

21606.
 (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she the council member was elected.
(b) At the first election for council members in each city following adjustment adoption of the boundaries of councilmanic council districts, a council member shall be elected for each district under the readjusted new district plan that has the same district number as a district whose incumbent’s term is due to expire.

(c)Notwithstanding any other provision of this article, a change in the boundaries of a council district shall not be made within 90 days prior to the final date of voter registration for an election of council members in the city or between the municipal primary election and the general municipal election.

(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.

SEC. 46.

 Section 21607 of the Elections Code is amended to read:

21607.
 Before adjusting adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, or for any other reason, the council shall hold at least one public hearing on the proposal to adjust the boundaries of the district prior to the public hearing at which the council votes to approve or defeat the proposal. public hearings on the proposal in accordance with Section 21607.1, 21607.2, or 21607.3.

SEC. 47.

 Section 21607.1 is added to the Elections Code, to read:

21607.1.
 (a) This section applies to a city with a population of fewer than 50,000 residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 48.

 Section 21607.2 is added to the Elections Code, to read:

21607.2.
 (a) This section applies to a city with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least two public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 49.

 Section 21607.3 is added to the Elections Code, to read:

21607.3.
 (a) This section applies to a city with a population of 100,000 or more residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least three public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 50.

 Section 21608 is added to the Elections Code, to read:

21608.
 (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities.
(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this chapter in an applicable language if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of council district boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the internet for at least seven days before being adopted by the council provided that, if there are fewer than 165 days until the city’s next regular election, the draft map may instead be published on the internet for at least three days.
(3) Each draft map prepared by a member of the council or by employees of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(e) The council shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the council in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and any applicable language.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the council at a public hearing.
(7) The adopted final map of council district boundaries and the companion report required by subdivision (f) of Section 21601.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the city pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201.

SEC. 51.

 Section 21609 is added to the Elections Code, to read:

21609.
 (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, the city attorney shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the city attorney does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to this subdivision is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21601, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the council district boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master.
(4) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.

SEC. 52.

 Section 21620 of the Elections Code is repealed.
21620.

If the members of the governing body of a chartered city are nominated or elected “by districts” or “from districts,” as defined in Section 34871 of the Government Code, upon the initial establishment thereof, the districts shall be as nearly equal in population as may be according to the latest federal decennial census or, if the city’s charter so provides, according to the federal mid-decade census or the official census of the city, as provided for pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of Division 3 of Title 4 of the Government Code, as the case may be. After the initial establishment of the districts, the districts shall continue to be as nearly equal in population as may be according to the latest federal decennial census or, if authorized by the charter of the city, according to the federal mid-decade census. The districts shall comply with the applicable provisions of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301, et seq.), as amended. In establishing the boundaries of the districts, the council may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interest of the districts.

SEC. 53.

 Section 21620 is added to the Elections Code, to read:

21620.
 (a) This article applies to charter cities that elect members of the charter city’s legislative body by districts or from districts, as defined in Section 34871 of the Government Code.
(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court, or to limit a federal or state court’s ability to fashion a remedy that conflicts with one or more of the provisions in this article.

SEC. 54.

 Section 21621 of the Elections Code is repealed.
21621.

Before adjusting the boundaries of a district pursuant to Section 21620 or for any other reason, the governing body shall hold at least one public hearing on the proposal to adjust the boundaries of the district prior to the public hearing at which the governing body votes to approve or defeat the proposal.

SEC. 55.

 Section 21621 is added to the Elections Code, to read:

21621.
 (a) Following each federal decennial census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the city as determined by the census.
(2) Notwithstanding paragraph (1), the inmates of a state correctional facility, as that term is used in Section 21003, shall not be counted towards a city’s population, except for those inmates whose last known place of residence may be assigned to a census block in the city.
(b) The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
(e) The council shall assign district numbers to the new council districts in a manner that, for the greatest number of residents possible, a resident’s new council district number is the same as the resident’s old council district number, unless another manner for assigning district numbers is provided for by ordinance.
(f) Within two weeks of adopting final council district boundaries, the council shall issue a report that explains the basis on which the council made its decisions in achieving compliance with the criteria set forth in this section.
(g) Subdivision (b) does not apply to a charter city that has adopted redistricting criteria in its city charter.

SEC. 56.

 Section 21622 is added to the Elections Code, to read:

21622.
 (a) The boundaries of the council districts shall be adopted by the council no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but no later than 151 days before the city’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 31.
(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter.

SEC. 57.

 Section 21623 is added to the Elections Code, to read:

21623.
 (a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.
(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:
(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.
(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population as determined by the most recent federal decennial census.
(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.

SEC. 58.

 Section 21624 is added to the Elections Code, to read:

21624.
 (a) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made more than 180 days before the city’s next regular election, the council shall adopt new council district boundaries at least 151 days before the next regular election, based on data from the most recent federal decennial census.
(b) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made between 180 days and 151 days, inclusive, before the city’s next regular election, the council shall adopt new council district boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(c) In a city that has legally committed to adopt new council district boundaries pursuant to a commitment that was made less than 151 days before the city’s next regular election, the council may adopt new council district boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(d) For purposes of this section, a legal commitment to adopt new district boundaries includes the following:
(1) A resolution or ordinance to adopt by district or from district elections, whether enacted by the council or the voters.
(2) A legal settlement that requires a city to adopt by district or from district elections.
(3) A resolution of intent to transition from at-large to district-based elections pursuant to paragraph (3) of subdivision (e) of Section 10010.
(e) This section applies only to districting or mid-cycle redistricting pursuant to Section 21623.

SEC. 59.

 Section 21625 is added to the Elections Code, to read:

21625.
 (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the council to redistrict.
(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.
(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.
(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.

SEC. 60.

 Section 21626 is added to the Elections Code, to read:

21626.
 (a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected.
(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire.
(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.

SEC. 61.

 Section 21627 is added to the Elections Code, to read:

21627.
 Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, or for any other reason, the council shall hold public hearings on the proposal, in accordance with Sections 21627.1, 21627.2, or 21627.3.

SEC. 62.

 Section 21627.1 is added to the Elections Code, to read:

21627.1.
 (a) This section applies to a city with a population of fewer than 50,000 residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6:00 p.m. on a weekday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 63.

 Section 21627.2 is added to the Elections Code, to read:

21627.2.
 (a) This section applies to a city with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least two public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 64.

 Section 21627.3 is added to the Elections Code, to read:

21627.3.
 (a) This section applies to a city with a population of 100,000 or more residents.
(b) Before the council draws a draft map or maps of the proposed council district boundaries, the council shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more council districts.
(c) After drawing a draft map or maps, the council shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the city.
(e) At least three public hearings hearing shall be held on a Saturday, on a Sunday, or after 6 on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 65.

 Section 21628 is added to the Elections Code, to read:

21628.
 (a) The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities.
(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this chapter in an applicable language if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the council shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of council district boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the internet for at least seven days before being adopted by the council provided that, if there are fewer than 165 days until the city’s next regular election, the draft map may instead be published on the internet for at least three days.
(3) Each draft map prepared by a member of the council or by employees of the city shall be accompanied with information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(e) The council shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the council in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the city in English and any applicable language.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the council at a public hearing.
(7) The adopted final map of council district boundaries and the companion report required by subdivision (f) of Section 21621.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the city pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201.

SEC. 66.

 Section 21629 is added to the Elections Code, to read:

21629.
 (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, the city attorney shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the city attorney does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to this subdivision is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21621, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the council district boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master.
(4) The council district boundaries adopted by the superior court shall be immediately effective the same manner as if the court’s order were an enacted resolution or ordinance of the city council.
(c) This section does not apply to a charter city that has adopted in its city charter a different method for adopting city council district boundaries when a redistricting deadline is missed.

SEC. 67.

 Section 22000 of the Elections Code is repealed.
22000.

(a)Each district required by its authorizing act to adjust division boundaries pursuant to this section shall, by resolution, after each federal decennial census, and using that census as a basis, adjust the boundaries of any divisions so that the divisions are, as far as practicable, equal in population and in compliance with Section 10301 of Title 52 of the United States Code, as amended, to the extent those provisions apply. In adjusting the boundaries of the divisions, the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the division. This section does not apply to divisions in which only landowners vote for directors or whose directors are all elected at large or appointed.

(b)The resolution specified in subdivision (a) shall be adopted by a vote of not less than a majority of the directors.

(c)At the time of, or after, any annexation of territory to the district, the board of directors shall designate, by resolution, the division of which the annexed territory shall be a part.

(d)No change in division boundaries may be made within 180 days preceding the election of any director.

(e)(1)A change in division boundaries shall not affect the term of office of any director.

(2)If division boundaries are adjusted, the director of the division whose boundaries have been adjusted shall continue to be the director of the division bearing the number of his or her division as formerly comprised until the office becomes vacant by means of term expiration or otherwise, whether or not the director is a resident within the boundaries of the division as adjusted.

(f)The successor to the office in a division whose boundaries have been adjusted shall be a resident and voter of that division.

(g)A district is not required to adjust the boundaries of any divisions pursuant to this section until after the 2000 federal decennial census.

(h)Nothing in this section shall be construed to prohibit or restrict a district from adjusting the boundaries of any divisions whenever the governing body of the district determines by a two-thirds vote of the governing body that a sufficient change in population has occurred that makes it desirable in the opinion of the governing body to adjust the boundaries of any divisions, or whenever any territory is added by or excluded from the district.

SEC. 68.

 Section 22000 is added to the Elections Code, to read:

22000.
 (a) This chapter applies to special districts that elect members of their governing boards by divisions or from divisions.
(b) This chapter does not apply to divisions in which only landowners or business owners vote for directors.
(c) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court, or to limit a federal or state court’s ability to fashion a remedy that conflicts with this chapter.

SEC. 69.

 Section 22001 of the Elections Code is repealed.
22001.

Before adjusting the boundaries of a division pursuant to Section 22000 or for any other reason, the governing body of the district shall hold at least one public hearing on the proposal to adjust the boundaries of the division prior to the public hearing at which the governing body votes to approve or defeat the proposal.

SEC. 70.

 Section 22001 is added to the Elections Code, to read:

22001.
 (a) Following each federal decennial census, and using that census as a basis, the governing board shall, by resolution, adopt boundaries for all of the divisions of the special districts so that the divisions shall be substantially equal in population as required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the special district as determined by that census.
(2) Notwithstanding paragraph (1), the inmates of a state correctional facility, as that term is used in Section 21003, shall not be counted as part of a special district’s population, except for those inmates whose last known place of residence may be assigned to a census block in the special district
(b) The board shall adopt division boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c) The board shall adopt division boundaries using the following criteria as set forth in the following order of priority:
(1) To the extent practicable, divisions shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single division for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) To the extent practicable, the geographic integrity of a city shall be respected in a manner that minimizes its division.
(4) Division boundaries should be easily identifiable and understandable by residents. To the extent practicable, divisions shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the special district.
(5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, divisions shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant population.
(d) The board shall not adopt divisions for the purpose of favoring or discriminating against a political party.
(e) The board shall assign division numbers to the new divisions in a manner that, for the greatest number of residents possible, a resident’s new division number is the same as the resident’s old division number, unless another manner for assigning division numbers is provided for by ordinance.
(f) Within two weeks of adopting final division boundaries, the board shall issue a report that explains the basis on which the board made its decisions in achieving compliance with the criteria set forth in this section.

SEC. 71.

 Section 22002 is added to the Elections Code, to read:

22002.
 The boundaries of divisions shall be adopted by the board no earlier than August 31, 2021, and August 31 in each year ending in the number one thereafter, but no later than 151 days before the special district’s next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of division boundaries before August 31.

SEC. 72.

 Section 22003 is added to the Elections Code, to read:

22003.
 (a) If the boundaries of a special district expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another district, the board shall add that new territory to the nearest existing division without changing the boundaries of other divisions.
(b) Notwithstanding subdivision (a), the board may adopt new boundaries for each division under the circumstances described in subdivision (a) if both of the following conditions are met:
(1) There are more than four years until the board is next required to redistrict pursuant to Section 22001.
(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the special district’s population, as determined by the most recent federal decennial census.

SEC. 73.

 Section 22004 is added to the Elections Code, to read:

22004.
 (a) In a special district that has legally committed to adopt new division boundaries pursuant to a commitment that was made more than 180 days before the special district’s next regular election, the board shall adopt new division boundaries at least 151 days before the next regular election, based on data from the most recent federal decennial census.
(b) In a special district that has legally committed to adopt new division boundaries pursuant to a commitment that was made between 180 days and 151 days, inclusive, before the special district’s next regular election, the board shall adopt new division boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(c) In a special district that has legally committed to adopt new division boundaries pursuant to a commitment that was made less than 151 days before the special district’s next regular election, the board may adopt new division boundaries at least 125 days before the next regular election, based on data from the most recent federal decennial census.
(d) For purposes of this section, a legal commitment to adopt new division boundaries includes the following:
(1) A resolution or ordinance to adopt by division or from division elections, whether enacted by the board or the voters.
(2) A legal settlement that requires a special district to adopt by division or from division elections.
(3) A resolution of intent to transition from at-large to division-based elections pursuant to paragraph (3) of subdivision (e) of Section 10010.
(e) This section applies only to districting or mid-cycle redistricting pursuant to Section 22003.

SEC. 74.

 Section 22005 is added to the Elections Code, to read:

22005.
 (a) After redistricting or districting pursuant to Section 22001 or 22003, a board shall not adopt new division boundaries until after the next federal decennial census, except under the following circumstances:
(1) A court orders the board to redistrict.
(2) The board is settling a legal claim that its division boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.
(3) The boundaries of the special district expand by the addition of new territory pursuant to Section 22003.
(b) This section does not prohibit a board from adopting divisions between federal decennial censuses if the board is adopting divisions for the first time, including when a special district adopts divisions for the purpose of transitioning from electing its directors in at-large elections to elections by divisions or from divisions.

SEC. 75.

 Section 22006 is added to the Elections Code, to read:

22006.
 (a) The term of office of any director who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the division from which the director was elected.
(b) At the first election for directors in each special district following adoption of the boundaries of divisions, a director shall be elected for each division under the new division plan that has the same division number as a division whose incumbent’s term is due to expire.
(c)  The successor to the office of director in a division for which the boundaries have changed shall be a resident and voter of that division.

SEC. 76.

 Section 22007 is added to the Elections Code, to read:

22007.
 Before adopting the boundaries of a division pursuant to Section 22001 or 22003, or for any other reason, the board shall hold public hearings on the proposal, in accordance with Sections 22007.1, 22007.2, or 22007.3.

SEC. 77.

 Section 22007.1 is added to the Elections Code, to read:

22007.1.
 (a) This section applies to a special district with a population of fewer than 50,000 residents.
(b) Before the board draws a draft map or maps of the proposed division boundaries, the board shall hold at least one public hearing, at which the public is invited to provide input regarding the composition of one or more divisions.
(c) After drawing a draft map or maps, the board shall hold at least three additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least one public hearing shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the special district.
(e) At least one public hearing shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 78.

 Section 22007.2 is added to the Elections Code, to read:

22007.2.
 (a) This section applies to a special district with a population of 50,000 or more, but fewer than 100,000, residents.
(b) Before the board draws a draft map or maps of the proposed division boundaries, the board shall hold at least two public hearings, at which the public is invited to provide input regarding the composition of one or more divisions.
(c) After drawing a draft map or maps, the board shall hold at least four additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least two public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the special district.
(e) At least two public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 79.

 Section 22007.3 is added to the Elections Code, to read:

22007.3.
 (a) This section applies to a special district with a population of 100,000 or more residents.
(b) Before the board draws a draft map or maps of the proposed division boundaries, the board shall hold at least four public hearings, at which the public is invited to provide input regarding the composition of one or more divisions.
(c) After drawing a draft map or maps, the board shall hold at least six additional public hearings, at which the public is invited to provide input regarding the composition of the draft map or maps or to propose a new draft map.
(d) At least three public hearings shall be held in a different geographic area to ensure meetings are accessible to diverse communities within the special district.
(e) At least three public hearings shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(f) Public hearing buildings shall be accessible to persons with disabilities and, where practicable, should be located within walking distance of free parking and public transit.
(g) If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time, which shall be noticed to the public.

SEC. 80.

 Section 22008 is added to the Elections Code, to read:

22008.
 (a) The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the districting or redistricting public review process. These steps shall include the following:
(1) Providing information in English and applicable languages other than English through media, social media, and public service announcements.
(2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the special district, including those active in language minority communities.
(b) The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop.
(c) Notwithstanding Section 54954.2 of the Government Code, the board shall publish the agenda for any public hearing or workshop on the internet at least five days before the hearing or workshop.
(d) (1)  The first version of a draft map of division boundaries shall be published on the internet at least seven days before it may be considered at a public hearing.
(2) If a draft map is revised at or following a public hearing or workshop, it shall be published on the internet for at least seven days before being adopted by the board provided that, if there are fewer than 165 days until the county’s next regular election, the draft map may instead be published on the internet for at least three days.
(3) Each draft map prepared by a member of the board or by employees of the special district shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed division, to the extent the special district has that data.
(e) The board shall allow the public to submit testimony or draft maps in writing and electronically.
(f) A public hearing held pursuant to this article shall be recorded by the board in audio or audiovisual format and made available to the public on the internet within 72 hours of the public hearing.
(g) The board shall establish, and maintain for at least 10 years after the adoption of new division boundaries, an internet website dedicated to districting or redistricting, which includes, or links to, all of the following information:
(1) A general explanation of the redistricting process for the special district, in English and applicable languages.
(2) The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages.
(3) A calendar of all public hearings and workshop dates.
(4) The notice and agenda for each public hearing and workshop.
(5) The audio or audiovisual recording, draft minutes, and adopted minutes of each public hearing.
(6) Each draft map considered by the board at a public hearing.
(7) The adopted final map of division boundaries and the companion report required by subdivision (f) of Section 22001.
(h) For purposes of this section, “applicable language” means any language in which ballots or facsimile ballots are required to be provided in the special district pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503) or Section 14201.

SEC. 81.

 Section 22009 is added to the Elections Code, to read:

22009.
 (a) If the board does not adopt division boundaries by the deadlines set forth in Section 22002 or subdivision (a) or (b) of Section 22004, the board or the special district’s chief legal officer shall immediately petition the superior court of a county in which the special district is located for an order adopting division boundaries. If the board or the chief legal officer do not petition the superior court within five days after the deadline, any resident of the special district may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the special district for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt division boundaries in accordance with the criteria set forth in Section 22001, which shall be used in the special district’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new division boundaries in the next regular election.
(2) The superior court shall hold one or more public hearings before adopting the division boundaries.
(3) The superior court may appoint a special master to assist the court with adopting the division boundaries. The special district shall pay the cost for the special master.
(4) The division boundaries adopted by the superior court shall be immediately effective the same manner as if the court’s order were an enacted resolution of the special district.

SEC. 82.

 Section 34874 of the Government Code is amended to read:

34874.
 No (a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered voters until the ordinance has been submitted to the planning commission of the city or, in absence of a planning commission, to the legislative body of said city for an examination as to the definiteness and certainty of the boundaries of the legislative districts proposed.
(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.

SEC. 83.

 Section 34877.5 of the Government Code is amended to read:

34877.5.
 (a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body may shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.
(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 of the Elections Code.

SEC. 84.

 Section 34884 of the Government Code is amended to read:

34884.
 (a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply:
(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be as nearly substantially equal in population as may be. required by the United States Constitution. The districts shall comply with applicable provisions of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as amended. In establishing the boundaries of the districts, the legislative body may consider the following factors: the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.

(A)Topography.

(B)Geography.

(C)Cohesiveness, contiguity, integrity, and compactness of territory.

(D)Community of interests of the districts.

(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.
(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.
(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.

SEC. 85.

 Section 34886 of the Government Code is amended to read:

34886.
 Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).

SEC. 86.

 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.

LegiScan Search

View Top 50 Searches

Select area of search.
Find an exact bill number.
Search bill text and data. [help]
Reset

LegiScan Trends

View Top 50 National

UT HB0249 Utah Legal Personhood Amendments
TN SB1902 AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, Part 21...
US HB5826 No Paydays for Hostage-Takers Act
UT HB0507 Construction Amendments
US HB6603 No Technology for Terror Act
US HB6046 Standing Against Houthi Aggression Act
MS HB1298 Mississippi Wild Turkey Stamp; establish.
UT HB0075 Paid Leave Modifications
UT SB0213 Criminal Justice Modifications
UT SB0013 Education Entity Amendments
feedback