Amended in Senate June 1, 2016

Amended in Senate February 18, 2016

Amended in Assembly June 1, 2015

Amended in Assembly April 13, 2015

Amended in Assembly April 7, 2015

Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 278


Introduced by Assembly Member Roger Hernández

(Principal coauthor: Assembly Member Alejo)

(Coauthor: Senator Hueso)

February 11, 2015


An act to amend Sections 34872,begin insert 34877,end insert 34884, and 34886 of,begin delete to repeal Sections 34876 and 34877 of,end delete and tobegin delete repeal andend delete add Sectionsbegin delete 34874 and 34875 of,end deletebegin insert 34876.5 and 34877.5 to,end insert the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 278, as amended, Roger Hernández. Municipal elections.

Existing law authorizes the legislative body of a city to submit to voters at any municipal or special election an ordinance providing for the election of members of the legislative body by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. Existing law also authorizes such an ordinance to be submitted to the voters by means of an initiative measure. Existing law requiresbegin insert thatend insert the ordinancebegin delete toend delete state the number of legislative districts, describe the boundaries of each, number the districts, and state the method for electing the members of the legislative body, as described above.

This bill would delete the requirement that the ordinance describe the boundaries, and number, of each legislative district and would instead require the legislativebegin delete body, or the proponents of the initiative measure,end deletebegin insert bodyend insert to prepare a proposed map describing the boundaries and numbers of the legislative districts after the ordinance is passed or enacted, as specified. The bill would require a legislative body changing from a from district method of election to a by district method of election, or adjusting the district boundaries, to hold public hearings on the change, as specified. The bill would also make numerous technical, nonsubstantive changes to these provisions.

Existing law applies certain procedures if a majority of votes on the subject of incorporating a new city are in favor of incorporation and in favor of a by district method of election, including, among other things, requiring the boundaries of the districts of the legislative body to be as nearly equal in population as possible.

This bill would also require the districts to comply withbegin delete theend delete applicable provisions of the federal Voting Rights Act of 1965.

Existing law authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor without submitting the ordinance for voter approval.

This bill would extend this authority to the legislative body of any city, regardless of its population.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 34872 of the Government Code is
2amended to read:

3

34872.  

An ordinance shall state the number of legislative
4districts and whether members of the legislative body shall be
5elected by districts, from districts, by districts with an elective
6mayor, or from districts with an elective mayor.

begin delete7

SEC. 2.  

Section 34874 of the Government Code is repealed.

end delete
P3    1

begin deleteSEC. 3.end delete
2
begin insertSEC. 2.end insert  

Section begin delete34874end deletebegin insert34876.5end insert is added to the Government
3Code
, to read:

4

begin delete34874.end delete
5
begin insert34876.5.end insert  

(a) If an ordinance is submitted to the voters pursuant
6to Section 34871, there shall be printed on the ballots substantially
7as follows:

8“Shall members of the legislative body of the City of ____ be
9elected by (or from) districts?”

begin delete

10or,

end delete

11begin insertor,end insert if applicable:

12“Shall members of the legislative body of the City of ____ be
13elected by (or from) districts, and the Mayor of the City of ____
14be elected on a citywide basis by the voters of the entire city?”

begin delete

15followed

end delete

16begin insertfollowedend insert by the words “Yes” and “No,” so printed that the voters
17may express their choice.

18(b) If a majority of the voters voting on the proposed ordinance
19vote in its favor, members of the legislative body shall be elected
20in the manner approved by the voters beginning at the first election
21followingbegin delete theend delete approval of the district boundaries pursuant to
22Sectionbegin delete 34875.end deletebegin insert 34877.5.end insert

begin delete23

SEC. 4.  

Section 34875 of the Government Code is repealed.

end delete
24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 34877 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
25read:end insert

26

34877.  

The proposition ofbegin delete establishing orend delete altering legislative
27districts shall be printed on the ballots substantially as follows:


28“Shall members of the legislative body of the City of ____ be
29elected by (or from) districts described in Ordinance No. ____?”

30or, if applicable:


31“Shall members of the legislative body of the City of ____ be
32elected by (or from) districts described in Ordinance No. ____,
33and the Mayor of the City of ____ be elected on a citywide basis
34by the voters of the entire city?”

35followed by the words “Yes” and “No,” so printed that the voters
36may express their choice.

37

begin deleteSEC. 5.end delete
38
begin insertSEC. 4.end insert  

Section begin delete34875end deletebegin insert34877.5end insert is added to the Government
39Code
, to read:

P4    1

begin delete34875.end delete
2
begin insert34877.5.end insert  

(a) After an ordinance is passed by the voters
3pursuant to Sectionbegin delete 34874,end deletebegin insert 34876.5,end insert or after an ordinance is enacted
4by the legislative body pursuant to Section 34886, the legislative
5bodybegin delete or the proponents of the initiative measure, as applicable,end delete
6 shall prepare a proposed map that describes the boundaries and
7numbers of the districts for the legislative body.begin insert In preparing the
8proposed map, the legislative body may seek public input, including
9accepting proposed maps submitted by the public.end insert

10(b) If the legislative body is changing from an at-large method
11of election to a district-based election, as those terms are defined
12in Section 14026 of the Elections Code, the legislative body shall,
13pursuant to Section 10010 of the Elections Code, hold at least two
14public hearings on the proposed district boundaries. If the
15legislative body is otherwise adjusting the district boundaries, the
16 legislative body shall hold at least one public hearing on the
17proposed district boundaries pursuant to Section 21607 of the
18Elections Code.

begin delete

19(c) After completing the hearing process, the legislative body
20shall submit the proposed district boundaries to the planning
21commission of the city for an examination as to the definiteness
22and certainty of the boundaries of the legislative districts proposed.
23If the city does not have a planning commission, the legislative
24body shall conduct the examination of the proposed boundaries.

25(d) (1) The planning commission, or the legislative body, shall
26reject the proposed boundaries if it finds any of the following:

27(A) One or more of the legislative districts do not close.

28(B) One or more entire legislative districts are eliminated before
29the termination of the term of office of the council members of or
30from the district.

31(C) The effect is that a greater number of members of the
32legislative body will be qualified to hold office concurrently than
33are authorized by this article or the amendatory ordinance.

34(2) If a substantial change to the proposed boundaries is
35necessary to address the reason the proposed boundaries were
36rejected pursuant to paragraph (1), the legislative body or the
37proponents of the initiative measure, as applicable, shall begin
38anew the process for approval of the proposed boundaries, starting
39with subdivision (a). If a substantial change to the proposed
40boundaries is not necessary to address the reason the proposed
P5    1boundaries were rejected pursuant to paragraph (2), the planning
2commission, or the legislative body, may revise the proposed
3boundaries to address the reason for rejection.

4(e) The planning commission of the city or, in the absence of
5the planning commission, the legislative body of the city, shall
6make findings as to the matters set forth in subdivision (d) by
7resolution within 90 days after submission of the amendatory
8ordinance to the city clerk. Failure to make findings shall constitute
9a finding of compliance with subdivision (d).

end delete
begin delete10

SEC. 6.  

Section 34876 of the Government Code is repealed.

end delete
begin delete11

SEC. 7.  

Section 34877 of the Government Code is repealed.

end delete
12

begin deleteSEC. 8.end delete
13
begin insertSEC. 5.end insert  

Section 34884 of the Government Code is amended
14to read:

15

34884.  

(a) If, at the time a vote is held on the subject of
16incorporation of a new city, a majority of the votes cast is for
17incorporation and, if, in accordance with Section 57116, a majority
18of the votes cast on the question of whether members of the city
19council in future elections are to be elected by district or at large
20is in favor of election by district, all of the following procedures
21apply:

22(1) Before the first day on which voters may nominate
23candidates for election at the next regular municipal election, the
24legislative body shall, by ordinance or resolution, establish the
25boundaries of the districts of the legislative body. The districts
26 shall be as nearly equal in population as may be. The districts shall
27comply withbegin delete theend delete applicable provisions of the federal Voting Rights
28Act of 1965 (52 U.S.C. Sec. 10301, et seq.), as amended. In
29establishing the boundaries of the districts, the legislative body
30maybegin delete give consideration toend deletebegin insert considerend insert the following factors:

31(A) Topography.

32(B) Geography.

33(C) Cohesiveness, contiguity, integrity, and compactness of
34territory.

35(D) Community of interests of the districts.

36(2) The terms of office of the two members elected with the
37lowest vote shall expire on the Tuesday succeeding the next regular
38municipal election. At that election, members shall be elected by
39district in the even-numbered districts and shall hold office for
40four years.

P6    1(3) The terms of office of the three members elected with the
2highest vote shall expire on the Tuesday succeeding the second
3regular municipal election following the incorporation. At that
4election, members shall be elected by district in the odd-numbered
5districts and shall hold office for four years.

6(b) The result of the vote cast on the question of whether
7members of the city council in future elections are to be elected
8by district or at large shall not preclude the submission to the voters
9at any future election of a measure in accordance with Section
1034871.

11

begin deleteSEC. 9.end delete
12
begin insertSEC. 6.end insert  

Section 34886 of the Government Code is amended
13to read:

14

34886.  

begin delete(a)end deletebegin deleteend deleteNotwithstanding Section 34871 or any other law,
15the legislative body of a city may adopt an ordinance that requires
16the members of the legislative body to be elected by district or by
17district with an elective mayor, as described in subdivisions (a)
18and (c) of Section 34871, without being required to submit the
19ordinance to the voters for approval. An ordinance adopted
20pursuant to this subdivision shall include a declaration that the
21change in the method of electing members of the legislative body
22is being made in furtherance of the purposes of the California
23Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
2414025) of Division 14 of the Elections Code).

begin delete

25(b) For purposes of this section, the population of a city shall
26be determined by the most recent federal decennial census.

end delete


O

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