Existing law generally requires all elective city offices, including the members of a city council, to be filled at large by the city electorate at a general municipal election. Existing law, at any municipal election or special election held for this purpose, authorizes the legislative body of a city to submit to the registered voters an ordinance providing for the election of members of the legislative body by district or from district, as defined, and with or without an elective mayor. Existing law also 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 being required to submit the ordinance to the voters for approval.

This bill would delete the population limitation in that provision, thereby authorizing the legislative body of a city 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 being required to submit the ordinance to the voters for approval.

The bill also would make a conforming change to these provisions.

Existing law generally requires all elective city offices, including the members of a city council, to be filled at large by the city electorate at a general municipal election. Existing law, at any municipal election or special election held for this purpose, authorizes the legislative body of a city to submit to the registered voters an ordinance providing for the election of members of the legislative body by district or from district, as defined, and with or without an elective mayor. Existing law also 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 being required to submit the ordinance to the voters for approval.

This bill would delete the population limitation in that provision, thereby authorizing the legislative body of a city 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 being required to submit the ordinance to the voters for approval.

The bill also would make a conforming change to these provisions.

Existing law generally requires all elective city offices, including the members of a city council, to be filled at large by the city electorate at a general municipal election. Existing law, at any municipal election or special election held for this purpose, authorizes the legislative body of a city to submit to the registered voters an ordinance providing for the election of members of the legislative body by district or from district, as defined, and with or without an elective mayor. Existing law also 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 being required to submit the ordinance to the voters for approval.

This bill would delete the population limitation in that provision, thereby authorizing the legislative body of a city 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 being required to submit the ordinance to the voters for approval.

The bill also would make a conforming change to these provisions.

Existing law generally requires all elective city offices, including the members of a city council, to be filled at large by the city electorate at a general municipal election. Existing law, at any municipal election or special election held for this purpose, authorizes the legislative body of a city to submit to the registered voters an ordinance providing for the election of members of the legislative body by district or from district, as defined, and with or without an elective mayor. Existing law also 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 being required to submit the ordinance to the voters for approval.

This bill would delete the population limitation in that provision, thereby authorizing the legislative body of a city 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 being required to submit the ordinance to the voters for approval.

The bill also would make a conforming change to these provisions.

 THIRD READING  

Bill No: AB 2220

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/29/16

AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley

ASSEMBLY FLOOR: 60-11, 5/27/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill allows any city that elects its city council at-large to enact an ordinance switching its election method to by-district without obtaining voter approval.

ANALYSIS:

Existing law:

1. Permits a general law city that elects its councilmembers through at-large elections to provide for city council members to be elected by district.
2. Allows a city to change its election method after the city’s voters approve a measure proposing a switch. The measure can either be submitted to the voters by the city council or placed on the ballot through the initiative process.
3. Allows cities with populations of less than 100,000 people to change to a district-based electoral system without having to obtain voter approval.

This bill:

1. Allows the legislative body of any city, regardless of its population, to adopt an ordinance that requires members of the city’s legislative body to be elected by district or by district with an elective mayor, without having to submit the ordinance to the city’s voters for approval.
2. Requires that the adopted ordinance must include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (CVRA).

Background

Existing law permits a general law city that elects its councilmembers through at-large elections to provide for city council members to be elected by district. A city may only change its election method after the city’s voters approve a measure proposing a switch. The measure can either be submitted to the voters by the city council or placed on the ballot through the initiative process.

The CVRA prohibits 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 (SB 976, Polanco, Chapter 129, Statutes of 2002). The CVRA was enacted 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 a protected class of voters if a majority usually votes for candidates who differ from candidates who are preferred by the protected class of voters. In such situations, breaking up a jurisdiction into districts can result in districts in which a protected class of voters can elect the candidate of its choice or otherwise have the power to influence the outcome of an election. If a judge finds that a city’s at-large election method violates the CVRA, state law requires the court to implement appropriate remedies, including the imposition of district-based elections.

At least 160 local governments have switched from at-large to district-based elections since the enactment of the CVRA in 2002. While some jurisdictions did so in response to 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. However, submitting an ordinance to voters via the ballot initiative process can be cumbersome and costly. Furthermore, there is no guarantee that a city’s voters will approve a proposed change, no matter how proactive the city council.

Last year, the Legislature responded by allowing cities with populations of less than 100,000 people to change to a district-based electoral system without having to obtain voter approval (SB 493, Cannella, Chapter 735, Statutes of 2015). Some city officials now want the Legislature to extend that authority to all cities, regardless of their populations.

Comments

Purpose of the bill. Since the passage of the CVRA, an increasing number of cities are opting to switch to by-district elections. Numerous cities that use at-large election methods have been sued under the CVRA by groups arguing that at-large elections prevent minority groups from electing candidates that represent their community or their interests. In all such cases, citizens alleging that at-large elections violated the CVRA prevailed. Reading the proverbial writing on the wall, cities with at-large election methods want to avoid inevitable CVRA lawsuits, but are also weary of the costly process of submitting an ordinance to the voters for approval to switch to by-district voting—which, ultimately, the voters might reject. Last year, the Legislature allows cities with fewer than 100,000 residents to switch to by-district elections, as recommended by many judges in CVRA lawsuits, without having to first go through the costly and uncertain process of voter approval. This bill builds upon last year’s bill by extending the same authority to all cities.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/6/16)

City Clerks Association of California

City of Elk Grove

City of Fontana

City of Rancho Cucamonga

Lawyers’ Committee for Civil Rights

League of California Cities

League of California Cities, Los Angeles Division

League of California Cities, Riverside County Division

League of Women Voters California

Mexican American Legal Defense and Education Fund

OPPOSITION: (Verified 7/6/16)

None received

ASSEMBLY FLOOR: 60-11, 5/27/16

AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon

NOES: Travis Allen, Bigelow, Chávez, Dahle, Beth Gaines, Gallagher, Harper, Mathis, Obernolte, Patterson, Wagner

NO VOTE RECORDED: Brough, Brown, Chiu, Dodd, Grove, Hadley, Jones, Melendez, O'Donnell

Prepared by:

7/29/16 10:48:59

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

Elections in cities: by or from district

Allows any city that elects its city council at-large to enact an ordinance switching its election method to by-district without obtaining voter approval.

Background

Existing law permits a general law city that elects its councilmembers through at-large elections to provide for city council members to be elected by district. A city may only change its election method after the city’s voters approve a measure proposing a switch. The measure can either be submitted to the voters by the city council or placed on the ballot through the initiative process.

The California Voting Rights Act (CVRA) prohibits 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 (SB 976, Polanco, 2002). The CVRA was enacted 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 a protected class of voters if a majority usually votes for candidates who differ from candidates who are preferred by the protected class of voters. In such situations, breaking up a jurisdiction into districts can result in districts in which a protected class of voters can elect the candidate of its choice or otherwise have the power to influence the outcome of an election. If a judge finds that a city’s at-large election method violates the CVRA, state law requires the court to implement appropriate remedies, including the imposition of district-based elections.

At least 160 local governments have switched from at-large to district-based elections since the enactment of the CVRA in 2002. While some jurisdictions did so in response to 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. However, submitting an ordinance to voters via the ballot initiative process can be cumbersome and costly. Furthermore, there is no guarantee that a city’s voters will approve a proposed change, no matter how proactive the city council.

Last year, the Legislature responded by allowing cities with populations of less than 100,000 people to change to a district-based electoral system without having to obtain voter approval (SB 493, Cannella, 2015). Some city officials now want the Legislature to extend that authority to all cities, regardless of their populations.

Proposed Law

Assembly Bill 2220 allows the legislative body of any city, regardless of its population, to adopt an ordinance that requires members of the city’s legislative body to be elected by district or by district with an elective mayor, without having to submit the ordinance to the city’s voters for approval. The adopted ordinance must include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Since the passage of the California Voting Rights Act of 2001, an increasing number of cities are opting to switch to by-district elections. Numerous cities that use at-large election methods have been sued under the CVRA by groups arguing that at-large elections prevent minority groups from electing candidates that represent their community or their interests. In all such cases, citizens alleging that at-large elections violated the CVRA prevailed. Reading the proverbial writing on the wall, cities with at-large election methods want to avoid inevitable CVRA lawsuits, but are also weary of the costly process of submitting an ordinance to the voters for approval to switch to by-district voting—which, ultimately, the voters might reject. Last year, the Legislature allow cities with fewer than 100,000 residents to switch to by-district elections, as recommended by many judges in CVRA lawsuits, without having to first go through the costly and uncertain process of voter approval. AB 2220 builds upon last year’s bill by extending the same authority to all cities.

2. Finding a balance. The CVRA was enacted to protect democratic principles of fairness and equal access to representation in government. Democratic principles also suggest that local voters should be allowed to make fundamental decisions about the methods by which their communities’ local officials are elected. Sometimes, these principles conflict, as is the case when at-large elections for a local governing board are supported by a majority of a community’s voters but impair a protected class of voters’ ability to influence elections. AB 2220 attempts to strike a balance between making it easier for local governments to modify their elections to comply with the CVRA while still leaving some local discretion over the method by which governing boards are elected.

3. Related legislation. AB 278 (Hernandez), which will be heard by the Senate Governance & Finance Committee at its June 29 hearing, also would allow all cities, regardless of population size, to change the method of electing council members to a by-district method of election without receiving voter approval. AB 2389 (Ridley-Thomas), which will be heard by the Senate Governance & Finance Committee at its June 29 hearing, would allow special districts’ governing boards, without having to seek voter approval, to change from an at-large to a by-district method of electing the district’s governing board members. 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 or by subdistrict. The Senate Governance & Finance Committee approved SB 927 at its March 30 hearing on a 7-0 vote.

Assembly Actions

Assembly Elections & Redistricting Committee: 5-2

Assembly Local Government Committee: 8-0

Assembly Floor: 60-11

Support and Opposition

(6/23/16)

Support: Mexican American Legal Defense and Education Fund; League of California Cities; City Clerks Association of California; Cities of Fontana and Rancho Cucamonga; Lawyers’ Committee for Civil Rights; League of Women Voters California; League of California Cities, Los Angeles Division; League of California Cities, Riverside County Division.

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2220

Author:(Cooper)

As Amended Ver:May 19, 2016

Majority vote

SUMMARY: Allows all cities, regardless of population, to change the method of electing council members to a by-district method of election without receiving voter approval. Specifically, 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.
2. Makes conforming changes.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "AB 2220 provides large cities with a cost effective method and streamlined process to convert from at-large to by-district council elections while furthering the purposes of the California Voting Rights Act (CVRA).

"Last year, the Governor signed SB 493 (Cannella) [Chapter 735, Statues of 2015,] which allows jurisdictions under 100,000 in population the option to convert from at-large to by-district elections by ordinance or resolution. AB 2220 would do the same for those jurisdictions over 100,000 in population who opt to convert to by-district elections. Cities with populations over 100,000 in California need a streamlined tool they can utilize to convert to by-district elections if they decide to convert on their own or when they are facing a potential lawsuit under CVRA. Since the enactment of SB 493, 3 cities have already elected to convert to by-district elections by ordinance or resolution. This tool serves as a cost saving measure to jurisdictions who face possible litigation under the CVRA because it allows them to settle with the plaintiffs and convert to by-district election system quicker than by placing the question on the ballot for voter approval. Under current law jurisdictions over 100,000 are required to go to the voters to approve converting to by-district elections."

Under existing law, a city can be organized so that members of the city council are elected 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.

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.

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.

This bill would permit cities of any size (not just cities with populations of less than 100,000) to transition to district-based elections without receiving voter approval, which could allow cities that potentially face liability under the CVRA to proactively change their method of electing city council members.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0002974

ASSEMBLY THIRD READING

ATR Bill Id:AB 2220

Author:(Cooper)

As Introduced Ver:February 18, 2016

Majority vote

SUMMARY: Allows all cities, regardless of population, to change the method of electing council members to a by-district method of election without receiving voter approval. Specifically, 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.
2. Makes conforming changes.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "AB 2220 provides large cities with a cost effective method and streamlined process to convert from at-large to by-district council elections while furthering the purposes of the California Voting Rights Act (CVRA).

"Last year, the Governor signed SB 493 (Cannella), [Chapter 735,] which allows jurisdictions under 100,000 in population the option to convert from at-large to by-district elections by ordinance or resolution. AB 2220 would do the same for those jurisdictions over 100,000 in population who opt to convert to by-district elections. Cities with populations over 100,000 in California need a streamlined tool they can utilize to convert to by-district elections if they decide to convert on their own or when they are facing a potential lawsuit under CVRA. Since the enactment of SB 493, 3 cities have already elected to convert to by-district elections by ordinance or resolution. This tool serves as a cost saving measure to jurisdictions who face possible litigation under the CVRA because it allows them to settle with the plaintiffs and convert to by-district election system quicker than by placing the question on the ballot for voter approval. Under current law jurisdictions over 100,000 are required to go to the voters to approve converting to by-district elections."

Under existing law, a city can be organized so that members of the city council are elected 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.

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.

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.

This bill would permit cities of any size (not just cities with populations of less than 100,000) to transition to district-based elections without receiving voter approval, which could allow cities that potentially face liability under the CVRA to proactively change their method of electing city council members.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094 FN: 0002887

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 2220 (

Author:Cooper) – As Introduced Ver:February 18, 2016

SUBJECT: Elections in cities: by or from district.

SUMMARY: Allows any city to adopt an ordinance requiring the city council to be elected by district without being required to submit the ordinance to the voters.

EXISTING LAW:

1. Allows a city to provide for city council members to be elected by districts or from districts, as specified. Such a change shall occur only upon the approval of voters of a measure submitted to them by the city council or placed on the ballot through the initiative process.
2. Allows, notwithstanding the provisions of 1), above, a city with less than 100,000 people to adopt an ordinance requiring the city council to be elected by district or by district with an elective mayor, without being required to submit the ordinance to the voters for approval.
3. Prohibits, pursuant to the California Voting Rights Act (CVRA), an at-large method of election from being imposed or applied in a political subdivision (including a city) in a manner that impairs the ability of a protected class of voters to elect a 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.
4. 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.
5. 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.
6. 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.

FISCAL EFFECT: None

COMMENTS:

1. Bill Summary. This bill expands existing law, which allows a city with less than 100,000 people, to adopt an ordinance requiring the city council to be elected by district without submitting the ordinance to the voters for approval, to include all cities. This bill is sponsored by the League of California Cities and the Mexican American Legal Defense and Educational Fund (MALDEF).
2. Author's Statement. According to the author, "AB 2220 provides large cities with a cost effective method and streamlined process to convert from at-large to by-district council elections while furthering the purposes of the California Voting Rights Act (CVRA).

"Last year, the Governor signed SB 493 (Cannella) which allows jurisdictions under 100,000 in population the option to convert from at-large to by-district elections by ordinance or resolution. AB 2220 would do the same for those jurisdictions over 100,000 in population who opt to convert to by-district elections. Cities with populations over 100,000 in California need a streamlined tool they can utilize to convert to by-district elections if they decide to convert on their own or when they are facing a potential lawsuit under CVRA…

"This tool serves as a cost saving measure to jurisdictions who face possible litigation under the CVRA because it allows them to settle with the plaintiffs and convert to by-district election system quicker than by placing the question on the ballot for voter approval…Cities have reported costs ranging from $1,000,000 to $6,000,000 in legal fees and election costs associated with CVRA litigation and 'by-district' conversions. These important local resources can be better used providing critical services for the community."

1. Background. The CVRA was enacted 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 usually votes for majority candidates rather than for minority candidates. In such situations, breaking up a jurisdiction 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 CVRA also allows a prevailing plaintiff to recover attorney's fees and litigation expenses to increase the likelihood that attorneys will be willing to bring challenges under the law.

At least 160 local government bodies have transitioned from at-large to district-based elections since the enactment of the CVRA in 2002. 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.

1. Voter Approval and Waivers. Generally, 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. However, the State Board of Education (SBE) and the Board of Governors (BOG) of the California Community Colleges can waive the voter-approval requirement for school districts and community college districts. The SBE and the BOG have granted nearly 150 requests for waivers from the voter-approval requirement for school districts and community college districts that have sought to move to district-based elections for board members due to concerns about potential liability under the CVRA.

Prior to SB 493, there was no provision in statute for cities to dispense with the voter-approval requirement to move from at-large to district-based elections, if those governmental bodies had concerns about liability under the CVRA. However, in at least some cases, judges approved settlements to CVRA lawsuits that allowed the governing body to transition from at-large to district-based elections without voter approval.

1. General Law vs. Charter Cities. The California Constitution gives cities the ability to exercise greater control over municipal affairs through the adoption of a charter by a majority vote of the city's electors voting on the question. Cities that have not adopted charters are commonly referred to as "general law" cities, because such cities are subject to the state's general laws, regardless of whether those laws concern a municipal affair.

The California Constitution grants charter cities the plenary authority, subject only to restrictions contained in specified provisions of the California Constitution, to provide for the manner in which municipal officers are elected or appointed.

This bill seeks to regulate the manner in which municipal officers are elected. It is not clear whether this bill would apply to charter cities. According to the League of California Cities, sponsor of this bill, if the charter of a charter city contains provisions that contradict this bill, the charter would take precedence. Conversely, if a city charter does not specify elections procedures or contains language stating that state elections laws shall govern that city's elections, the provisions of this bill would apply.

For example, the City of Visalia's charter states, "The Council may, by ordinance, make further provisions as to the manner of holding and conducting elections. The provisions of the laws of the State of California relating to municipal elections, the qualifications of electors, the manner of voting, the duties of election officers, and all other particulars so far as they may be applicable, shall govern all municipal elections, except as otherwise provided in this Charter, or by such ordinance, provided, that no primary elections shall be held."

California has 121 charter cities. It is not known how many of these charters conflict with the provisions of this bill and how many charters harmonize with this bill.

1. Related Legislation. AB 278 (Roger Hernández) contains provisions that are identical to this bill, but also contains other provisions governing the creation of district boundaries in cities. A similar version of AB 278 was heard by this Committee on April 29, 2015, and passed on a 5-1 vote. AB 278 is pending in the Senate Elections and Constitutional Amendments Committee.
2. Previous Legislation. SB 493 (Cannella), Chapter 735, Statutes of 2015, allowed California's smaller cities (of 100,000 or less in population) to adopt an ordinance, without going to the voters, that requires the city to elect its council members by district, or by district with an elective mayor.

AB 2715 (Roger Hernández) and AB 1383 (Roger Hernández) of 2014 would have allowed cities with a population of 100,000 or more to elect city council members by district.
AB 2715 was held in the Assembly Appropriations Committee and AB 1383 was held in the Senate Rules Committee.

AB 1440 (Campos), Chapter 873, Statutes of 2014, required political subdivisions that change from an at-large method of election to a district-based election to hold public hearings, and required special districts to hold a public hearing before adjusting the boundaries of a division.

SB 1365 (Padilla) of 2014 would have prohibited the use of a district-based election in a political subdivision, if it would impair the ability of a protected class to elect candidates of its choice or otherwise influence the outcome of an election as a result of the dilution or the abridgment of the rights of voters who are members of a protected class, and would have required a court to implement specified remedies. SB 1365 was vetoed with the following message: "While there is progress to be made, the federal Voting Rights Act and the California Voting Rights Act already provide important safeguards to ensure that the voting strength of minority communities is not diluted."

AB 1979 (Roger Hernández) of 2012 would have required the City of West Covina to elect city council members by districts, instead of at-large. AB 1979 was held in the Assembly Elections and Redistricting Committee.

AB 450 (Jones-Sawyer) of 2013 would have required the Los Angeles Community College District to elect governing board members by trustee area, instead of at-large. AB 450 was held in the Assembly Appropriations Committee.

1. Arguments in Support. The League of California Cities, co-sponsor of this bill, writes, "Last year, SB 493 (Cannella) provided an option for cities with a population of less than 100,000 to switch to district based elections by ordinance. Since its passage, three cities have already used this tool. Providing this option furthers the intent and impact of the California Voters Rights Act (CVRA) while relieving local jurisdictions of costly and extensive lawsuits.

"The CVRA provides generous recovery for attorney’s fees. As a consequence, cities have incurred extremely high legal costs – some as high as 7 million dollars. This is money taken off of the table for increased civic engagement, public safety or other critical public services and instead going to plaintiffs’ attorneys.

"The by-ordinance option allows cities to be proactive and quickly switch to district elections before a lawsuit is brought. This process is much quicker and less expensive than placing the question on the ballot for voter approval. It is equally important to note that cities are not insulated from further litigation if their voters reject district-based elections. For example, the City of Highland is still tied up in a lengthy litigation after voters rejected their ballot measure for district based elections."

1. Arguments in Opposition. None on file.
2. Double-Referral. This bill was heard by the Elections and Redistricting Committee on
   April 13, 2016, where it passed with a 5-2 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

League of California Cities [CO-SPONSOR]

Mexican American Legal Defense and Educational Fund [CO-SPONSOR]

Cities of Chino Hills, Elk Grove, Fontana, Highland, and Rancho Cucamonga

City Clerks Association of California

Lawyers’ Committee for Civil Rights

League of Women Voters

Los Angeles County Division, League of California Cities

Riverside County Division, League of California Cities

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958

Date of Hearing: April 13, 2016

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Shirley Weber, Chair

ABPCA Bill Id:AB 2220 (

Author:Cooper) – As Introduced Ver:February 18, 2016

SUBJECT: Elections in cities: by or from district.

SUMMARY: Allows all cities, regardless of population, to change the method of electing council members to a by-district method of election without receiving voter approval. Specifically, 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.
2. Makes conforming changes.

EXISTING LAW:

1. Permits a city, with a population of fewer than 100,000 people, which elects its city council members at-large to enact an ordinance switching its election method to by-district without submitting the change to voters for 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.
2. Permits a city, with a population of 100,000 people or more, to submit an ordinance to the voters of the city to provide for city council members to be elected in any of the following ways:
   1. By districts, in five, seven, or nine districts;
   2. From districts, in five, seven, or nine districts
   3. By districts, in four, six, or eight districts, with a mayor who is elected citywide; or,
   4. From districts, in four, six, or eight districts, with a mayor who is elected citywide.

Provides that adoption of the ordinance shall occur only upon the approval of the voters. Provides that the term "by districts," for the purposes of this provision, means the election of members by voters of the district alone and provides that "from districts" means the election of members who are residents of the district from which they are elected, but who are elected by voters of the city as a whole.

1. Prohibits, pursuant to the CVRA, an at-large method of election from being imposed or applied in a political subdivision (including a city, county, city and county, school district, and 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.
2. 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.
3. 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.
4. 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.

FISCAL EFFECT: Keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose of the Bill: According to the author:

AB 2220 provides large cities with a cost effective method and streamlined process to convert from at-large to by-district council elections while furthering the purposes of the California Voting Rights Act (CVRA).

Last year, the Governor signed SB 493 (Cannella) which allows jurisdictions under 100,000 in population the option to convert from at-large to by-district elections by ordinance or resolution. AB 2220 would do the same for those jurisdictions over 100,000 in population who opt to convert to by-district elections. Cities with populations over 100,000 in California need a streamlined tool they can utilize to convert to by-district elections if they decide to convert on their own or when they are facing a potential lawsuit under CVRA. Since the enactment of SB 493, 3 cities have already elected to convert to by-district elections by ordinance or resolution. This tool serves as a cost saving measure to jurisdictions who face possible litigation under the CVRA because it allows them to settle with the plaintiffs and convert to by-district election system quicker than by placing the question on the ballot for voter approval. Under current law jurisdictions over 100,000 are required to go to the voters to approve converting to by-district elections. For cities over 100,000 in population requiring them to gain voter approval on the conversion can be costly and prolongs the process that they are able to take towards a settlement. Cities have reported costs ranging from $1,000,000 to $6,000,000 in legal fees and election costs associated with CVRA litigation and “by-district” conversions. These important local resources can be better used providing critical services for the community.

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

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

Since the resolution of the Modesto case, 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.

Generally, in order to move from an at-large method of election to a district-based method of selecting governing board members, local government bodies must first receive approval from the voters. This voter approval requirement can be an obstacle 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 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.

This bill would permit cities of any size (not just cities with populations of less than 100,000) to transition to district-based elections without receiving voter approval, which could allow cities that potentially face liability under the CVRA to proactively change their method of electing city council members.

1. Arguments in Support: In support of this bill, the Lawyers' Committee for Civil Rights writes:

AB 2220 would authorize a city to enact an ordinance switching its city council election method to by-district without submitting it to the voters for approval. The bill would also allow the city council to by-pass the voter approval process for those jurisdiction with populations over 100,000 as determined under the most recent decennial census in the same way that last sessions' SB 493 (Cannella, Statutes of 2015) conferred that authority on general law cities under 100,000 in population and provide uniformity.

The CVRA is designed to protect against at-large election systems that dilute minority voting rights. As a result of the CVRA, local governments throughout the state have been transitioning from at-large to district based elections. Since the passage of SB 493 last year, at least 3 municipalities have already taken advantage and have voluntarily converted to district based elections without the added difficulty or confusion.

1. Related or Previous Legislation: AB 2389 (Ridley-Thomas) which was approved by this committee on a 5-2 vote and is pending in the Assembly Local Government Committee, would authorize the governing body of a special district to adopt a resolution, without being required to submit the resolution to the voters for approval, that requires members of its governing body to be elected using district-based elections to further the purposes of the CVRA.

AB 278 (Roger Hernández) which is currently pending in the Senate Elections and Constitutional Amendments Committee, contains provisions that are identical to this bill, but also contains other provisions governing the creation of district boundaries in cities. AB 278 was previously considered and approved by this committee but at that time, it would have required general law cities with a population of 100,000 or more to elect city council members through by-district elections.

SB 493 (Cannella), Chapter 735, Statutes of 2015, permits a general law city with a population of fewer than 100,000 people, to enact an ordinance switching its election method to by-district without receiving voter approval. SB 493 additionally requires any ordinance adopted to change the method of election to be accompanied by a declaration that the change is in furtherance of the purposes of the CVRA.

1. Double-Referral: This bill has been double referred to the Assembly Committee on Local Government.

REGISTERED SUPPORT / OPPOSITION:

Support

League of California Cities (co-sponsor)

Mexican American Legal Defense and Educational Fund (co-sponsor)

American Civil Liberties Union of California

City Clerks Association of California

City of Fontana

City of Rancho Cucamonga

Lawyers' Committee for Civil Rights

League of California Cities, Los Angeles County Division

League of Women Voters of California

Opposition

None on file.

Analysis Prepared by: Lori Barber / E. & R. / (916) 319-2094