SB 1018: Elections: state and local reapportionment.

Existing law authorizes a local jurisdiction, defined as a county or general law city, to establish by resolution or ordinance a commission composed of residents of the local jurisdiction to either change the boundaries of the districts of the local jurisdictions legislative body or recommend to the governing body changes to the boundaries of the districts. Existing law defines a legislative body for these purposes to mean either a city council of a general law city or a county board of supervisors.

For a commission that recommends changes to district boundaries, defined as an advisory redistricting commission, existing law prohibits a person who is an elected official of the local jurisdiction or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction from being appointed to serve on the commission, and requires the commission to submit a report to the legislative body of its findings on the need for changes to the boundaries and its recommended changes, within a specified time after the federal decennial census, as specified.

For a commission empowered to change district boundaries, defined as an independent redistricting commission, existing law authorizes the local jurisdiction to prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. Existing law disqualifies a person or a family member of a person from being appointed to the commission if he or she has engaged in specified activities during the 8 years preceding his or her appointment. Existing law also prohibits a commission member from engaging in specified activities, such as accepting an appointment to an office of the local jurisdiction for 4 years after the date of his or her appointment, or from being a candidate for elective office of the local jurisdiction for 10 years after the date of his or her appointment. Existing law authorizes an independent redistricting commission to impose additional qualifications or restrictions on members of the commission in excess of these provisions. Existing law requires a commission to adopt new boundaries within a specified period of time after the federal decennial census. Existing law prohibits a commission from drawing districts for the purpose of favoring or discriminating against an incumbent or political candidate.

This bill would authorize a local jurisdiction to establish a commission by charter amendment. The bill would authorize a local jurisdiction to establish a hybrid redistricting commission, as defined. The bill would, for an advisory redistricting commission, authorize a local jurisdiction to impose additional qualifications and restrictions on the commission, members of the commission, or applicants to the commission in excess of those described above. The bill would eliminate the requirement that an advisory redistricting commission submit a report on its findings and recommended changes within a specified time after the federal decennial census.

This bill would, for an independent redistricting commission or a hybrid redistricting commission, prohibit the direct appointment of members of the commission by the legislative body or an elected official of the local jurisdiction. The bill would clarify that a person is disqualified from being appointed to the commission if that person or a family member of that person engages in specified activities preceding the date of that persons appointment. The bill would reduce to 4 years the time period for certain activities of a family member of a person, other than his or her spouse or registered domestic partner, that would disqualify that person from appointment to the commission. The bill would instead prohibit a commission member from accepting an appointment to an office of the local jurisdiction for 2 years, commencing with the date of his or her appointment. The bill would instead prohibit a member from being a candidate for elective office of the local jurisdiction if less than 5 years have elapsed since the date of his or her appointment or if the commission on which the member served adopted or recommended the district boundaries to be used for the election, as specified. The bill would eliminate the requirement that the commission adopt new boundaries within a specified period after the federal decennial census and instead subject the commission to the same redistricting deadlines, requirements, and restrictions that would otherwise apply to a legislative body. The bill would prohibit a legislative body from altering district boundaries that it or a hybrid or independent redistricting commission has adopted until after the next federal decennial census following the adoption of the boundaries, except as specified. The bill would additionally prohibit a commission from drawing districts for the purpose of favoring or discriminating against a political party. The bill would authorize a commission to impose additional requirements and restrictions on a commission or applicants to a commission in excess of these provisions. The bill would authorize a local jurisdiction, except a county, to contract with a county in which the local jurisdiction is located that has established a commission empowered to change district boundaries to have that commission adopt the local jurisdictions election district boundaries, as specified. The bill would apply the provisions applicable to an independent redistricting commission to a hybrid redistricting commission, as defined. The bill would define redistricting, for the purposes of these provisions and those described above, to mean either districting or redistricting. The bill would expand the definition of legislative body to include a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district. The bill would expand the definition of a local jurisdiction to include a school district, community college district, or special district.