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 ----------------------------------------------------------------- |Author: |Roger Hernández | |-----------+-----------------------------------------------------| |Version: |6/1/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Darren Chesin | | | | ----------------------------------------------------------------- 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 AB 278 (Roger Hernández) Page 2 of ? 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. AB 278 (Roger Hernández) Page 3 of ? 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 AB 278 (Roger Hernández) Page 4 of ? 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 AB 278 (Roger Hernández) Page 5 of ? 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 AB 278 (Roger Hernández) Page 6 of ? 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 AB 278 (Roger Hernández) Page 7 of ? 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 ------------------------------------------------------------------ |Assembly Floor: |43 - 32 | |--------------------------------------+---------------------------| |Assembly Appropriations Committee: |12 - 0 | |--------------------------------------+---------------------------| |Assembly Local Government Committee: | 5 - 1 | |--------------------------------------+---------------------------| AB 278 (Roger Hernández) Page 8 of ? |Assembly Elections and Redistricting | 4 - 1 | |Committee: | | ------------------------------------------------------------------ POSITIONS Sponsor: Author Support: None received Oppose: None received -- END --