BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          ELECTIONS AND CONSTITUTIONAL AMENDMENTS
                              Senator Ben Allen, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 278         Hearing Date:    6/8/16    
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          |Author:    |Roger Hernández                                      |
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          |Version:   |6/1/16                                               |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Darren Chesin                                        |
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                            Subject:  Municipal elections

           DIGEST
           
          Permits any city, regardless of population size, to change the  
          method of electing its governing board members from at-large to  
          a by-district method of election without receiving voter  
          approval and provides that if voter approval is sought, the  
          proposed boundaries for the districts are not required to appear  
          on the ballot.

           ANALYSIS
           
           Existing law:
           
          1)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.  

          2)Authorizes such an ordinance to be submitted to the voters by  
            means of an initiative measure. 

          3)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. 
          
          4)Permits a city with a population of fewer than 100,000 people  







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            to change the method of electing council members from at-large  
            to a by-district method of election without receiving voter  
            approval.  Requires ordinances adopted pursuant to this  
            provision to be accompanied by a declaration that the change  
            is being made in furtherance of the purposes of the California  
            Voting Rights Act (CVRA) of 2001. 
              
          5)Prohibits, pursuant to the CVRA, an at-large method of  
            election from being imposed or applied in a political  
            subdivision (including a special district) in a manner that  
            impairs the ability of a protected class of voters to elect  
            the candidate of its choice or its ability to influence the  
            outcome of an election, as a result of the dilution or the  
            abridgement of the rights of voters who are members of a  
            protected class. 


          6)Provides that a violation of the CVRA may be established if it  
            is shown that racially polarized voting occurs in elections  
            for members of the governing body of the political subdivision  
            or in elections incorporating other electoral choices by the  
            voters of the political subdivision. 


          7)Requires a court, upon finding a violation of the CVRA, to  
            implement appropriate remedies, including the imposition of  
            district-based elections, which are tailored to remedy the  
            violation. 


          8)Permits any voter who is a member of a protected class and who  
            resides in a political subdivision where a violation of the  
            CVRA is alleged to file an action in the superior court of the  
            county in which the political subdivision is located. 

           This bill:
           
          1)Repeals the population limitation on a law that permits the  
            legislative body of a city with a population of fewer than  
            100,000 people to adopt an ordinance, without being required  
            to submit the ordinance to the voters for approval, that  
            requires the members of the legislative body to be elected by  
            districts, thereby giving all cities, regardless of population  
            the flexibility that is provided by that law. 








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          2)Deletes 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. 

          3)Provides that after an ordinance is passed by the voters or  
            after an ordinance is enacted by the legislative body to  
            change from an at-large method of election to a district-based  
            election, 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 seek public input, including accepting  
            proposed maps submitted by the public.

          4)Provides that if the legislative body is changing from an  
            at-large method of election to a district-based election, the  
            legislative body shall, pursuant to existing provisions of the  
            Elections Code, hold at least two public hearings on the  
            proposed district boundaries.  If the legislative body is  
            otherwise adjusting the district boundaries, the legislative  
            body shall hold at least one public hearing on the proposed  
            district boundaries pursuant to other existing provisions of  
            the Elections Code.

          5)This bill would also require the districts to comply with  
            applicable provisions of the federal Voting Rights Act of  
            1965.  

          6)Makes numerous technical, nonsubstantive, and conforming  
            changes to these provisions.




           BACKGROUND
           
           At-Large vs. District Elections  .   Under existing law, a city  
          can be organized so that members of the city council are elected  








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          at-large or are elected using districts.  In cities that have  
          districts, the city can be organized such that the registered  
          voters in the entire city vote for councilmembers from each of  
          the districts (known as "from district" elections), or the city  
          can be organized so that only the registered voters in a  
          district vote in the election to choose the councilmember from  
          that area (known as by-district elections).  In either instance,  
          a candidate for the city council must reside in the district in  
          which he or she is running. 

          For any city with a population of fewer than 100,000 people that  
          wishes to move from an at-large method of electing their city  
          council members, an ordinance may be adopted to switch their  
          method of voting to by-district elections without seeking the  
          approval of the voters, but a city with a population of 100,000  
          or more requires the voters of the city to approve the change.   
          If the voters reject the proposed change, the city must continue  
          holding elections using an at-large method of election.  

          California Voting Rights Act of 2001  .  SB 976 (Polanco, Chapter  
          129, Statutes of 2002), enacted the CVRA to address racial block  
          voting in at-large elections for local office in California.  In  
          areas where racial block voting occurs, an at-large method of  
          election can dilute the voting rights of minority communities if  
          the majority typically votes to support candidates that differ  
          from the candidates who are preferred by minority communities.   
          In such situations, breaking a jurisdiction up into districts  
          can result in districts in which a minority community can elect  
          the candidate of its choice or otherwise have the ability to  
          influence the outcome of an election. 

          Accordingly, the CVRA prohibits an at-large method of election  
          from being imposed or applied in a political subdivision in a  
          manner that impairs the ability of a protected class of voters  
          to elect the candidate of its choice or to influence the outcome  
          of an election, as a result of the dilution or the abridgement  
          of the rights of voters who are members of the protected class. 

          The first case brought under the CVRA was filed in 2004, and the  
          jurisdiction that was the target of that case - the City of  
          Modesto - challenged the constitutionality of the law.   
          Ultimately, the City of Modesto appealed that case all the way  
          to the United States Supreme Court, which rejected the city's  
          appeal in October 2007.  The legal uncertainty surrounding the  








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          CVRA may have limited the impacts of that law in the first five  
          years after its passage. 

          Since the case in Modesto was resolved, however, many local  
          jurisdictions have converted or are in the process of converting  
          from an at-large method of election to district-based elections  
          due to the CVRA.  In many cases, local government bodies must  
          receive voter approval to move from an at-large method of  
          election to a district-based method of election for selecting  
          governing board members.  This voter approval requirement can  
          make it difficult for jurisdictions to proactively transition to  
          district-based elections in order to address potential liability  
          under the CVRA.  If a jurisdiction attempts to transition from  
          at-large to district-based elections to address CVRA concerns,  
          but the voters reject the proposal, the jurisdiction nonetheless  
          remains subject to a lawsuit under the CVRA.  
          Furthermore, to the extent that there is racially polarized  
          voting on the question of whether to transition from at-large to  
          district-based elections, the results of the vote on that  
          question could provide further evidence for a lawsuit under the  
          CVRA.  As a result, many jurisdictions have sought ways to  
          transition from at-large to district-based elections without  
          having to receive voter approval for such a change.  
           
          Since the enactment of the CVRA in 2001, at least 160 local  
          governments have switched from at-large to district based  
          elections.  While some jurisdictions did so in response to  
          litigation or threats of litigation, other jurisdictions  
          proactively changed election methods because they believed they  
          could be susceptible to a legal challenge under the CVRA, and  
          they wished to avoid the potential expense of litigation.

          Notably, many school districts have transitioned from at-large  
          to district-based elections without receiving voter approval in  
          an effort to avoid potential liability under the CVRA. Even  
          though state law generally requires such a transition to be  
          approved by the voters in a school district, existing law also  
          permits the State Board of Education (SBE) to waive all or part  
          of any section of the Education Code, with certain identified  
          exceptions, upon request by the governing board of a school  
          district or county board of education. The SBE generally is  
          required to approve any and all requests for waivers unless it  
          makes a finding that one of the seven enumerated conditions  
          exists.  Since 2009, the SBE has approved more than 130 waivers  








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          to permit school districts to change from at-large to  
          district-based elections without voter approval, as would  
          otherwise be required by the Education Code. 

          Furthermore, in response to concerns that community college  
          districts were subject to liability under the CVRA but were  
          unable to change from at-large to district-based elections  
          without receiving voter approval, AB 684 (Block), Chapter 614,  
          Statutes of 2011, established a process under which a community  
          college district could transition from at-large to  
          district-based elections without receiving voter approval if  
          such a transition was first approved by the Board of Governors  
          (BOG) of the California Community Colleges, among other  
          provisions.  Since the enactment of AB 684, the BOG has received  
          and approved requests from approximately 20 community college  
          districts to change their election method from at-large to  
          district-based elections.

           COMMENTS
                                           
           1)According to the author  :  While many cities are spending  
            millions in litigation costs to avoid a more fair election  
            method, district-based elections, AB 278 will facilitate a  
            more effective process for cities to adopt district-based  
            elections.  District elections have resulted in elected  
            representatives who are more knowledgeable of local problems  
            and issues and constituents are more likely to be better  
            served by having a local point of contact in their  
            neighborhood.

          The at-large election method has shown to have significant  
            downsides for minority groups and more broadly speaking for  
            all groups, as its applicability can isolate certain  
            geographic parts of districts from civic participation,  
            engagement and representation.   AB 278 will empower all  
            communities to elect their own voice, their own advocate,  
            their own council member.  They can hold him or her  
            accountable and in turn decisions made by the council will  
            more likely represent the needs of all its residents.  
          The at-large method of disenfranchisement of communities is  
            found throughout the state, including in Antioch, Concord,  
            Daly City, Fontana, Oxnard, Rialto and West Covina.  At-large  
            elections have been the subject of litigation as a violation  
            of both the state and federal Voting Rights Act.  Voters in  








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            numerous cities, including Anaheim, Compton, Palmdale and  
            Watsonville have gone to court to discard the at-large system.

          AB 278 will create more accountability at the local level by  
            maintaining local control and leveling the playing field for  
            voters to better determine if they want district-based  
            elections.   Moreover, MALDEF argues that many times voters  
            are confused or distracted by the maps at the time of voting  
            on whether district-based elections should be adopted.  This  
            confusion can often lead to a lack of understanding why  
            district-based elections can further democracy in their  
            communities. 

                               RELATED/PRIOR LEGISLATION
           
          SB 493 (Cannella, Chapter 735, Statutes of 2015), permitted a  
          city with a population of fewer than 100,000 people to change  
          the method of electing council members to a by-district method  
          of election without receiving voter approval.  This bill mirrors  
          this process and permits the governing body of a special  
          district, as defined, to adopt a resolution, without being  
          required to submit the resolution to the voters for approval, to  
          elect the members of its governing body using district-based  
          elections.   

          AB 2220 (Cooper), which is pending referral in the Senate, also  
          extends the option created in SB 493 to all cities regardless of  
          population size. 
             
          SB 927 (Anderson), which is pending in the Assembly Local  
          Government Committee, permits directors of any public utility  
          district that is wholly or partially within the County of San  
          Diego to be elected at large, by subdistrict, or from  
          subdistricts, as defined.

           PRIOR ACTION
           
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          |Assembly Floor:                       |43 - 32                    |
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          |Assembly Appropriations Committee:    |12 - 0                     |
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          |Assembly Local Government Committee:  |  5 - 1                    |
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          |Assembly Elections and Redistricting  |  4 - 1                    |
          |Committee:                            |                           |
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          POSITIONS
           
          Sponsor:  Author 

          Support:  None received

           Oppose:   None received 

                                          
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