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 requires that the ordinance 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 legislative body 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 with 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:
Section 34872 of the Government Code is
2amended to read:
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.
Section 34876.5 is added to the Government Code, to
8read:
(a) If an ordinance is submitted to the voters pursuant
2to Section 34871, there shall be printed on the ballots substantially
3as follows:
4“Shall members of the legislative body of the City of ____ be
5elected by (or from) districts?”
6or, if applicable:
7“Shall members of the legislative body of the City of ____ be
8elected by (or from) districts, and the Mayor of the City of ____
9be elected on a citywide basis by the voters of the entire city?”
10followed by the words “Yes” and “No,” so printed that the voters
11may express their
choice.
12(b) If a majority of the voters voting on the proposed ordinance
13vote in its favor, members of the legislative body shall be elected
14in the manner approved by the voters beginning at the first election
15following approval of the district boundaries pursuant to Section
1634877.5.
Section 34877 of the Government Code is amended
18to read:
The proposition of altering legislative districts shall be
20printed on the ballots substantially as follows:
21“Shall members of the legislative body of the City of ____ be
22elected by (or from) districts described in Ordinance No. ____?”
23or, if applicable:
24“Shall members of the legislative body of the City of ____ be
25elected by (or from) districts described in Ordinance No. ____,
26and the Mayor of the City of ____ be elected on a citywide basis
27by the voters of the entire city?”
28followed by the words “Yes” and “No,” so printed that the voters
29may express their choice.
Section 34877.5 is added to the Government Code, to
31read:
(a) After an ordinance is passed by the voters
33pursuant to Section 34876.5, or after an ordinance is enacted by
34the legislative body pursuant to Section 34886, the legislative body
35shall prepare a proposed map that describes the boundaries and
36numbers of the districts for the legislative body. In preparing the
37proposed map, the legislative body may seek public input,
38including accepting proposed maps submitted by the public.
39(b) If the legislative body is changing from an at-large method
40of election to a district-based election, as those terms are defined
P4 1in Section 14026 of the Elections Code, the legislative bodybegin delete shall,end delete
2begin insert
shall hold public hearingsend insert pursuant to Section 10010 of the
3Electionsbegin delete Code, hold at least two public hearings on the proposed begin insert Code.end insert If the legislative body is otherwise
4district boundaries.end delete
5adjusting the district boundaries, the
legislative body shall holdbegin delete at public
6least oneend deletebegin delete hearingend deletebegin insert hearingsend insert on the proposed district
7boundaries pursuant to Section 21607 of the Elections Code.
Section 34884 of the Government Code is amended
9to read:
(a) If, at the time a vote is held on the subject of
11incorporation of a new city, a majority of the votes cast is for
12incorporation and, if, in accordance with Section 57116, a majority
13of the votes cast on the question of whether members of the city
14council in future elections are to be elected by district or at large
15is in favor of election by district, all of the following procedures
16apply:
17(1) Before the first day on which voters may nominate
18candidates for election at the next regular municipal election, the
19legislative body shall, by ordinance or resolution, establish the
20boundaries of the districts of the legislative body. The districts
21
shall be as nearly equal in population as may be. The districts shall
22comply with applicable provisions of the federal Voting Rights
23Act of 1965 (52 U.S.C. Sec.begin delete 10301,end deletebegin insert 10301end insert et seq.), as amended.
24In establishing the boundaries of the districts, the legislative body
25may consider the following factors:
26(A) Topography.
27(B) Geography.
28(C) Cohesiveness, contiguity, integrity, and compactness of
29territory.
30(D) Community of interests of the districts.
31(2) The terms of office of the two members elected with the
32lowest vote shall expire on the Tuesday succeeding the next regular
33municipal election. At that election, members shall be elected by
34district in the even-numbered districts and shall hold office for
35four years.
36(3) The terms of office of the three members elected with the
37highest vote shall expire on the Tuesday succeeding the second
38regular municipal election following the incorporation. At that
39election, members shall be elected by district in the odd-numbered
40districts and shall hold office for four years.
P5 1(b) The result of the vote cast on the question of whether
2members of the city council in future elections are to be elected
3by district or at large
shall not preclude the submission to the voters
4at any future election of a measure in accordance with Section
534871.
Section 34886 of the Government Code is amended
7to read:
Notwithstanding Section 34871 or any other law, the
9legislative body of a city may adopt an ordinance that requires the
10members of the legislative body to be elected by district or by
11district with an elective mayor, as described in subdivisions (a)
12and (c) of Section 34871, without being required to submit the
13ordinance to the voters for approval. An ordinance adopted
14pursuant to this subdivision shall include a declaration that the
15change in the method of electing members of the legislative body
16is being made in furtherance of the purposes of the California
17Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
1814025) of Division 14 of the Elections Code).
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