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
2read:
(a) If an ordinance is submitted to the voters pursuant
4to Section 34871, there shall be printed on the ballots substantially
5as follows:
6“Shall members of the legislative body of the City of ____ be
7elected by (or from) districts?”
8or, if applicable:
9“Shall members of the legislative body of the City of ____ be
10elected by (or from) districts, and the Mayor of the City of ____
11be elected on a citywide basis by the voters of the entire city?”
12followed by the words “Yes” and “No,” so printed that the voters
13may express their
choice.
14(b) If a majority of the voters voting on the proposed ordinance
15vote in its favor, members of the legislative body shall be elected
16in the manner approved by the voters beginning at the first election
17following approval of the district boundaries pursuant to Section
18
begin delete 34877.5.end deletebegin insert 34877.5, and for which the election consolidation
19deadlines established in the Elections Code have not passed.end insert
Section 34877 of the Government Code is amended
21to read:
The proposition of altering legislative districts shall be
23printed on the ballots substantially as follows:
24“Shall members of the legislative body of the City of ____ be
25elected by (or from) districts described in Ordinance No. ____?”
26or, if applicable:
27“Shall members of the legislative body of the City of ____ be
28elected by (or from) districts described in Ordinance No. ____,
29and the Mayor of the City of ____ be elected on a citywide basis
30by the voters of the entire city?”
31followed by the words “Yes” and “No,” so printed that the voters
32may express their choice.
Section 34877.5 is added to the Government Code, to
34read:
(a) After an ordinance is passed by the voters
36pursuant to Section 34876.5, or after an ordinance is enacted by
37the legislative body pursuant to Section 34886, the legislative body
38shall prepare a proposed map that describes the boundaries and
39numbers of the districts for the legislative body. In preparing the
P4 1proposed map, the legislative body may seek public input,
2including accepting proposed maps submitted by the public.
3(b) If the legislative body is changing from an at-large method
4of election to a district-based election, as those terms are defined
5in Section 14026 of the Elections Code, the legislative body
shall
6hold public hearings pursuant to Section 10010 of the Elections
7Code. If the legislative body is otherwise adjusting the district
8boundaries, the legislative body shall hold public hearings on the
9proposed district boundaries pursuant to Section 21607 of the
10Elections Code.
Section 34884 of the Government Code is amended
12to read:
(a) If, at the time a vote is held on the subject of
14incorporation of a new city, a majority of the votes cast is for
15incorporation and, if, in accordance with Section 57116, a majority
16of the votes cast on the question of whether members of the city
17council in future elections are to be elected by district or at large
18is in favor of election by district, all of the following procedures
19apply:
20(1) Before the first day on which voters may nominate
21candidates for election at the next regular municipal election, the
22legislative body shall, by ordinance or resolution, establish the
23boundaries of the districts of the legislative body. The districts
24
shall be as nearly equal in population as may be. The districts shall
25comply with applicable provisions of the federal Voting Rights
26Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as amended. In
27establishing the boundaries of the districts, the legislative body
28may consider the following factors:
29(A) Topography.
30(B) Geography.
31(C) Cohesiveness, contiguity, integrity, and compactness of
32territory.
33(D) Community of interests of the districts.
34(2) The terms of office of the two members elected with the
35lowest vote shall expire on the Tuesday succeeding the next regular
36municipal
election. At that election, members shall be elected by
37district in the even-numbered districts and shall hold office for
38four years.
39(3) The terms of office of the three members elected with the
40highest vote shall expire on the Tuesday succeeding the second
P5 1regular municipal election following the incorporation. At that
2election, members shall be elected by district in the odd-numbered
3districts and shall hold office for four years.
4(b) The result of the vote cast on the question of whether
5members of the city council in future elections are to be elected
6by district or at large shall not preclude the submission to the voters
7at any future election of a measure in accordance with Section
834871.
Section 34886 of the Government Code is amended
10to read:
Notwithstanding Section 34871 or any other law, the
12legislative body of a city may adopt an ordinance that requires the
13members of the legislative body to be elected by district or by
14district with an elective mayor, as described in subdivisions (a)
15and (c) of Section 34871, without being required to submit the
16ordinance to the voters for approval. An ordinance adopted
17pursuant to this subdivision shall include a declaration that the
18change in the method of electing members of the legislative body
19is being made in furtherance of the purposes of the California
20Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
2114025) of Division 14 of the Elections Code).
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