Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens Redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members and 2 non-voting alternates who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. The bill would prohibit a member of an independent redistricting commission from communicating with any individual or organization regarding redistricting matters, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program.

If AB 1248 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024, this bill would permit the County of Sacramento to establish a redistricting commission in accordance with the provisions of that bill that pertain to county redistricting commissions instead of establishing a commission in accordance with the provisions of this bill.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens Redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members and 2 non-voting alternates who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. The bill would prohibit a member of an independent redistricting commission from communicating with any individual or organization regarding redistricting matters, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program.

If AB 1248 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024, this bill would permit the County of Sacramento to establish a redistricting commission in accordance with the provisions of that bill that pertain to county redistricting commissions instead of establishing a commission in accordance with the provisions of this bill.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens Redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members and 2 non-voting alternates who meet specified qualifications. This bill would remove political party preference considerations in the selection of those serving on the commission. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. The bill would prohibit a member of an independent redistricting commission from communicating with any individual or organization regarding redistricting matters, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens redistricting Redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members and 2 non-voting alternates who meet specified qualifications. This bill would remove political party preference considerations in the selection of those serving on the commission. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. The bill would prohibit a member of an independent redistricting commission from communicating with any individual or organization regarding redistricting matters, as specified. By increasing the duties on local officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. By increasing the duties on local officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in population as possible and comply with applicable federal law, and specifies the procedures the board of supervisors must follow in adjusting those boundaries. Existing law establishes the Independent Redistricting Commission in the County of San Diego, the Citizens Redistricting Commission in the County of Los Angeles, and the Citizens redistricting Commission in the County of Riverside, which are charged with adjusting the supervisorial district boundaries for those counties.

This bill would establish the Citizens Redistricting Commission in the County of Sacramento, which would be charged with adjusting the boundary lines of the districts of the Board of Supervisors of the County of Sacramento. The commission would consist of 14 members who meet specified qualifications. This bill would require the commission to adjust the boundaries of the supervisorial districts in accordance with specified criteria and adopt a redistricting plan in accordance with existing deadlines for the adoption of county supervisorial district boundaries. By increasing the duties on local officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the unique circumstances facing the County of Sacramento.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 UNFINISHED BUSINESS  

Bill No: SB 314

Author: Ashby (D), et al.

Amended: 9/5/23

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 3/21/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NO VOTE RECORDED: Nguyen

SENATE GOVERNANCE & FIN. COMMITTEE: 6-2, 4/12/23

AYES: Caballero, Blakespear, Durazo, Glazer, Skinner, Wiener

NOES: Seyarto, Dahle

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

SENATE FLOOR: 32-7, 5/22/23

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto

NO VOTE RECORDED: Wilk

ASSEMBLY FLOOR: 62-18, 9/11/23 - See last page for vote

SUBJECT: County of Sacramento Redistricting Commission

SOURCE: Author

DIGEST:

This bill establishes the Citizens Redistricting Commission for Sacramento County (CRCSC) to be tasked with adjusting the boundary lines of the supervisorial districts of Sacramento County, as specified.

Assembly Amendments

add two non-voting alternates to the CRCSC, shift a number of specified duties performed by the county elections official pursuant to this bill to the county executive, prohibit a CRCSC commissioner from communicate with any individual or organization regarding redistricting matters outside of a public meeting, address a chaptering conflict with AB 1248 (Bryan, 2023), and add a coauthor, as specified.

ANALYSIS:

Existing law:

1. Requires the board of supervisors of each county, following each federal decennial census, to adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts are substantially equal in population as required by the United States Constitution.
2. Requires population equality to be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data are available, as specified.
3. Requires each Board of supervisors to adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (VRA).
4. Requires each board of supervisors to adopt supervisorial district boundaries using a specified criteria and procedure.
5. Authorizes a county, general law city, school district, community college district, or a special district to establish an independent redistricting commission, an advisory redistricting commission, or a hybrid redistricting commission by resolution, ordinance, or charter amendment, subject to certain conditions.
6. Defines an “advisory redistricting commission” to mean a body that recommends to a legislative body placement of the district boundaries for that legislative body. Defines a “hybrid redistricting commission” to mean a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law. Defines an “independent redistricting commission” to mean a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.
7. Establishes a procedure for a government of a county to adopt a charter by a majority vote of its electors voting on the question. Provides, generally, greater autonomy over county affairs to counties that have adopted charters.
8. Provides that counties that have adopted charters are subject to statutes that relate to apportioning population of governing body districts.
9. Establishes the California Citizens Redistricting Commission, as specified. Establishes a Citizens Redistricting Commission in Fresno, Kern, Los Angeles, and Riverside counties, and an Independent Redistricting Commission in San Diego County, and charges each commission with adjusting districts of supervisorial districts after each decennial federal census, as specified.

This bill:

1. Provides for the creation of the CRCSC, and tasks the CRCSC with adjusting the boundary lines of Sacramento County’s supervisorial districts in the year following the year in which the decennial federal census is taken, as specified.
2. Requires the CRCSC to be created no later than December 31, 2030, and in each year ending in the number zero thereafter.
3. States that the selection process is designed to produce a commission that is independent from the influence of the Sacramento County Board of Supervisors (Board) and reasonably representative of the county’s diversity.
4. Requires the CRCSC to consist of 14 members and two non-voting alternates, as specified. Requires the political party preferences of the CRCSC members, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party in Sacramento County, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. Provides that the political party or no party preferences of the CRCSC members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. Requires at least one CRCSC member to reside in each of the five existing supervisorial districts of the Board.
5. Requires each CRCSC member to meet specific qualifications, as specified.
6. Permits an interested person meeting specified qualifications to submit an application to the county executive to be considered for membership on the CRCSC. Requires the county executive to review the applications and eliminate applicants who do not meet the specified qualifications.
7. Requires the county executive to select 60 of the most qualified applicants, taking into account the relevant requirements, and to make their names public for at least 30 days. Prohibits the county executive from communicating with a member of the Board, or an agent for a member of the Board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. Permits the county executive, during this period, to eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the specified qualifications.
8. Requires the county executive to create a subpool for each of the five existing supervisorial districts in Sacramento County. Requires, at a regularly scheduled meeting of the Board, the county executive to conduct a random drawing to select one commissioner from each of the five subpools established by the county executive, and to then conduct a random drawing from all of the remaining applicants to select three additional commissioners.
9. Requires the eight selected commissioners to review the remaining names in the subpools of applicants and to appoint six additional applicants to the CRCSC, as specified.
10. Requires the CRCSC, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district, as specified. Requires the CRCSC, after drawing the draft maps, to post the map for public comment on Sacramento County’s website and conduct at least two public hearings to take place over a period of no fewer than 30 days.
11. Requires the CRCSC to establish and make available to the public a calendar of all public hearings and requires the hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. Requires the CRCSC to arrange for the live translation of a hearing and requires the CRCSC to take steps to encourage county residents to participate in the redistricting public review process, as specified.
12. Requires the CRCSC to post the agenda for the public hearings at least seven days before the hearings. Requires the agenda for a meeting conducted after the CRCSC has drawn a draft map to include a copy of that map.
13. Requires the Board to take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software equivalent to what is available to the CRCSC members.
14. Requires the Board to provide for reasonable funding and staffing for the CRCSC.
15. Requires all records of the CRCSC relating to redistricting, and all data considered by the CRCSC in drawing a draft map or the final map, to be public records.
16. Requires the CRCSC to adopt a redistricting plan adjusting the boundaries of the supervisorial districts and to file the plan with the county elections official by the map adoption deadline set forth in existing law for county supervisorial maps, as specified. Prohibits the CRCSC from releasing a draft map before the date set forth in existing law for county supervisorial draft maps, as specified. Provides that this plan is subject to referendum in the same manner as ordinances.
17. Requires the CRCSC to issue, with the final map, a report that explains the basis on which the CRCSC made its decisions in achieving compliance with the criteria described above.
18. Prohibits a CRCSC member from specified activities beginning from the date of appointment to the CRCSC.
19. Defines “immediate family member” and “community of interest,” as specified.
20. Makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County.

Background

Local Redistricting. Prior to 2017, counties and general law cities were able to create advisory redistricting commissions, but were not able to create independent commissions with the authority to establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction was generally held by the governing body of that jurisdiction. Charter cities are able to establish independent redistricting commissions that have the authority to establish district boundaries because the California Constitution gives charter cities broad authority over the conduct of city elections and over the manner for which municipal officers are elected. As a result, a number of California charter cities established redistricting commissions to adjust city council districts following each decennial census. Counties and general law cities did not have that authority in the absence of express statutory authorization.

Legislative Authority for County Redistricting Commissions. The Legislature has created independent redistricting commissions for five counties: Fresno, Kern, Los Angeles, Riverside, and San Diego.

The Legislature also authorized, but did not require, counties and general law cities to establish redistricting commissions. SB 1108 (Allen, Chapter 784, Statutes of 2016) authorized two different types of commissions: independent commissions and advisory commissions. SB 1108 generally provided cities and counties with the discretion to determine the structure and membership of an advisory or independent redistricting commission. However, it did establish minimum qualifications for commission membership. While SB 1108 imposed few restrictions and requirements on advisory commissions, it did subject members of independent commissions to extensive eligibility requirements and post-service restrictions.

Legislative Authority for Other Local Entities. SB 1018 (Allen, Chapter 462, Statutes of 2018) extended the authority to adopt redistricting commissions to school districts, community college districts, and special districts. The bill also relaxed some of the eligibility requirements for members of independent commissions and eased one of the post-service restrictions on those members in an effort to expand the pool of individuals who are available to serve on such commissions. SB 1018 also allowed for the creation of hybrid commissions, subject to the same restrictions and requirements as independent commissions.

Political Party Preferences. If chaptered, the commission makeup will be required, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party preference in Sacramento County, as determined by registration at the most recent statewide election. According to the February 10, 2023 Report of Registration, the Secretary of State reported the following for Sacramento County (868,733 total registered voters): Democratic – 398,938 (45.92%), Republican – 214,525 (24.69%), American Independent – 36,792 (4.24%), Green – 4,069 (0.47%), Libertarian – 11,566 (1.33%), Peace and Freedom – 5,443 (0.63%), Unknown – 4,297 (0.49%), Other – 5,988 (0.69%), and No Party Preference – 187,115 (21.54%).

If no party preference is shown on a voter registration affidavit, then the county election official designates the voter’s party preference as “Unknown” and is treated as a “No Party Preference” voter. If you take these numbers into consideration and use them to calculate the potential commission party preference composition, Democrats would have six or seven members, Republicans would have three or four members, No Party Preference voters would have three or four members when only using No Party Preference voters and when combining Unknown and No Party preferences, and the remaining party preferences between zero and one member.

Comments

1. Author’s statement. According to the author, electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.
2. Need for the Bill. In the materials provided to the committee by the author’s staff, in 2021, the Sacramento County Board of Supervisors drew their own district lines. They held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be. Additionally, Sacramento County’s process left several organized groups feeling unheard. For example, one vocal constituency that repeatedly pled to remain whole was the Asian American and Pacific Islander (AAPI) community. Ultimately, the Sacramento County Board of Supervisors voted 4-1 to adopt a supervisorial district map that fractured the AAPI communities of South Sacramento County, splitting them between supervisorial districts.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee, by requiring Sacramento County to provide funding and staffing for the creation and operation of the Commission, including specified duties for the county executive to begin the member selection process, this bill creates a state-mandated local program. If the Commission on State Mandates (CSM) determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, Sacramento County could claim reimbursement from the state. The magnitude of these costs is unknown, but at least in the hundreds of thousands of dollars every ten years (General Fund (GF)).

For reference, the CSM adopted a statewide cost estimate of $1.2 million one-time GF to reimburse Los Angeles County for costs related SB 958 (Lara, Chapter 781, Statutes of 2016), which established the Citizens Redistricting Commission for Los Angeles County.

SUPPORT: (Verified 9/11/23)

AAPIs for Civic Empowerment-Education Fund

California Environmental Voters

Organize Sacramento

Queer Democrats of Sacramento

OPPOSITION: (Verified 9/11/23)

Pacific Advocacy Group

ARGUMENTS IN SUPPORT: In a letter supporting SB 314, the California Environmental Voters stated, in part, the following:

As the state has recently made permanent a policy which expands access to voting by requiring every county election officials to mail a ballot to every registered voter, while voters have better access to voting, ensuring they are voting in districts that reflect their lived experience is critical to realizing the full potential of our multiracial democracy, made a reality by citizen’s redistricting commissions who have the interest of voters at heart.

ARGUMENTS IN OPPOSITION: In a letter opposing SB 314, the Pacific Advocacy Group stated, in part, the following:

[SB 314] sets several qualifications to serve on the commission, but you not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession.

ASSEMBLY FLOOR: 62-18, 9/11/23

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

9/11/23 19:49:43

**** END ****

SENATE THIRD READING

STR Bill Id:SB 314

Author:(Ashby)

As Amended Ver:September 5, 2023

Majority vote

SUMMARY

Creates a Citizens Redistricting Commission (Commission) in Sacramento County, as specified.

Major Provisions

1. Provides for the creation of the Commission, and tasks it with adjusting the boundary lines of the county's supervisorial districts in the year following the year in which the decennial federal census is taken. Requires the Commission to consist of 14 members and two non-voting alternates, and to be created no later than December 31 in each year ending in the number zero.
2. Requires the political party preferences of commissioners to be as proportional as possible to the political party registrations of voters in the county, as specified. Requires at least one commissioner to reside in each of the existing supervisorial districts.
3. Outlines the selection process, terms, and conduct for Commission members, including prohibiting a Commission member from communicating with any individual or organization regarding redistricting matters outside of a public meeting.
4. Allows Sacramento County to create its redistricting commission in accordance with the provisions of this bill or of AB 1248 (Bryan) of the current legislative session if both bills become law.

COMMENTS

"Redistricting" is the process by which the boundaries of districts of a governmental body are adjusted. Redistricting generally occurs at the beginning of each decade following the decennial federal census, when new district lines are adopted based on the census data so that the populations of each district of a governmental body are roughly equal.

The authority to establish district boundaries for a local jurisdiction generally is held by the governing body. Prior to 2017, state law generally permitted a county or a city to create an advisory redistricting commission (described in state law at the time as a "committee" of residents of the jurisdiction), but did not expressly permit local jurisdictions to create commissions that had the authority to establish district boundaries. In 2016, the Legislature passed and the Governor signed SB 1108 (Allen), Chapter 784, Statutes of 2016, which permits a county or a general law city to establish a redistricting commission, subject to certain conditions. SB 1018 (Allen), Chapter 462, Statutes of 2018, built upon SB 1108 by allowing all local governmental entities to establish redistricting commissions, and by modifying some of the rules governing local redistricting commissions.

Separately, the Legislature has enacted a number of bills to require specified counties to establish redistricting commissions. SB 958 (Lara), Chapter 781, Statutes of 2016, required the establishment of a Citizens Redistricting Commission in Los Angeles County. Similarly, AB 801 (Weber), Chapter 711, Statutes of 2017, required the establishment of a Citizens Redistricting Commission in San Diego County. These commissions were in place for redistricting following the 2020 federal decennial census, and drew the district lines for those counties' supervisorial districts.

Last year, the Legislature approved AB 1307 (Cervantes), Chapter 403, Statutes of 2022, which creates a Citizens Redistricting Commission in Riverside County, AB 2030 (Arambula), Chapter 407, Statutes of 2022, which creates a Citizens Redistricting Commission in Fresno County, and AB 2494 (Salas), Chapter 411, Statutes of 2022, which creates a Citizens Redistricting Commission in Kern County, as specified. All of those commissions will be created for the next redistricting process following the 2030 census.

AB 1248 (Bryan) requires a county or city with over 300,000 residents and a school district or community college district with over 500,000 residents to establish an independent redistricting commission. AB 1248 is pending on the Senate Floor. If both this bill and AB 1248 become law, Sacramento County would have the option to create its redistricting commission in accordance with the provisions of either this bill or AB 1248.

According to the Author

"Electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County's district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process."

Arguments in Support

In support of this bill, AAPIs for Civic Empowerment Education Fund writes. "If a county does not use an independent redistricting commission, the incumbent county supervisors draw their own district boundaries after each Census. In 2021, the Sacramento County Board of Supervisors drew their own district lines. They held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be. A recent report from Common Cause CA analyzed the 2020 local redistricting cycle and found that independent redistricting commissions, 'significantly outperformed legislative bodies in terms of conducting a transparent process, promoting public participation, and drawing community-reflective maps.' The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency."

Arguments in Opposition

In opposition to this bill, a lobbyist at the Pacific Advocacy Group (a lobbying firm) writes, "[SB 314] sets several qualifications to serve on the commission, but you not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession. I find the idea repugnant, that a universe of applicants, including a representative of a collective bargaining entity of County employees is qualified to serve, but I, and my family is not."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, by requiring Sacramento County to provide funding and staffing for the creation and operation of the Commission, including specified duties for the county executive to begin the member selection process, this bill creates a state-mandated local program. If the Commission on State Mandates (CSM) determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, Sacramento County could claim reimbursement from the state. The magnitude of these costs is unknown, but at least in the hundreds of thousands of dollars every ten years (General Fund (GF)).

For reference, the CSM adopted a statewide cost estimate of $1.2 million one-time GF to reimburse Los Angeles County for costs related SB 958 (Lara), Chapter 781, Statutes of 2016, which established the Citizens Redistricting Commission for Los Angeles County.

VOTES

SENATE FLOOR: 32-7-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto

ABS, ABST OR NV: Wilk

ASM ELECTIONS: 6-2-0

YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio

NO: Lackey, Essayli

ASM LOCAL GOVERNMENT: 6-1-1

YES: Juan Carrillo, Boerner, Haney, Pacheco, Ramos, Wilson

NO: Waldron

ABS, ABST OR NV: Dixon

ASM APPROPRIATIONS: 12-4-0

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Soria, Weber, Wilson

NO: Megan Dahle, Dixon, Mathis, Sanchez

UPDATED

VERSION: September 5, 2023

CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0001647

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 314

Author:(Ashby) – As Amended Ver:June 27, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill establishes the Citizens Redistricting Commission (Commission) in the County of Sacramento.

Specifically, this bill:

1. Requires establishment of the Commission, no later than December 31, 2030, with 14 voting members and two non-voting alternates who meet specified qualifications, to adjust the boundaries of the county’s supervisorial districts after every decennial census.
2. Outlines the selection process, terms, and conduct for Commission members, such as prohibiting a Commission member from communicating with any individual or organization regarding redistricting matters outside of a public meeting.

FISCAL EFFECT:

By requiring Sacramento County to provide funding and staffing for the creation and operation of the Commission, including specified duties for the county executive to begin the member selection process, this bill creates a state-mandated local program. If the Commission on State Mandates (CSM) determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, Sacramento County could claim reimbursement from the state. The magnitude of these costs is unknown, but at least in the hundreds of thousands of dollars every ten years (General Fund (GF)).

For reference, the CSM adopted a statewide cost estimate of $1.2 million one-time GF to reimburse Los Angeles County for costs related SB 958 (Lara), Chapter 781, Statutes of 2016, which established the Citizens Redistricting Commission for Los Angeles County.

COMMENTS:

1. Purpose. According to the author, establishing the Commission will “better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.”
2. Support and Opposition. This bill is supported by California Common Cause and other voter empowerment groups, as well as the Democratic Party of Sacramento and other local community groups. For example, Organize Sacramento argues that, in 2021, the Sacramento County Board of Supervisors “held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be.”

This bill is opposed by an individual lobbyist who is a Sacramento County constituent, arguing this bill will “not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession.” Additionally, the Sacramento Board of Supervisors shares a position of concern “related to the proposed increase in responsibilities assigned to our Voter Registration and Elections staff” and argues this bill “removes local control and discretion from Sacramento County’s elected representatives, while other counties with similar demographics and population base maintain local control and discretion over the redistricting process.”

1. Local Redistricting Commissions. Prior to 2017, counties and general law cities were able to create advisory redistricting commissions, but were not able to create independent commissions with the authority to establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction was generally held by the governing body of that jurisdiction.

SB 1108 (Allen), Chapter 784, Statutes of 2016, permitted a county or a general law city to establish an independent redistricting commission, subject to certain conditions. Legislation has also been enacted to require specific counties to establish redistricting commissions – the counties of Los Angeles and San Diego had commissions in place for redistricting following the 2020 decennial census and the counties of Riverside, Fresno, and Kern have commissions in place for redistricting following the 2030 decennial census. This bill adds Sacramento County to that list for 2030. While a prior version of this bill required the political party preferences of commissioners to be as proportionate as possible to county registration numbers, recent amendments removed such provisions from this bill.

1. Related Legislation. AB 34 (Valencia) creates a Citizens Redistricting Commission in Orange County. AB 34 is pending hearing in the Senate Appropriations Committee.

AB 764 (Bryan) makes various changes to existing law governing redistricting by counties, cities, special districts, school districts, community college districts, and county boards of education. AB 764 is pending hearing in the Senate Appropriations Committee.

AB 1248 (Bryan) requires a county or city with over 300,000 residents and a school district or community college district with over 500,000 residents to establish an independent redistricting commission. AB 1248 is pending hearing in the Senate Appropriations Committee.

SB 52 (Durazo) requires a city matching the description of the City of Los Angeles to create an independent redistricting commission. SB 52 is pending hearing in this committee.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: July 12, 2023

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Juan Carrillo, Chair

SBPCA Bill Id:SB 314

Author:(Ashby) – As Amended Ver:June 27, 2023

SENATE VOTE: 32-7

SUBJECT: County of Sacramento Redistricting Commission.

SUMMARY: Creates a Citizens Redistricting Commission (Commission) in Sacramento County. Specifically, this bill:

1. Provides for the creation of the Commission, and tasks it with adjusting the boundary lines of the county's supervisorial districts in the year following the year in which the decennial federal census is taken. Requires the Sacramento County Board of Supervisors (board) to provide reasonable funding and staffing for the Commission, to ensure that a computerized redistricting database is available, and to ensure that the public has access to redistricting data and computer software equivalent to what is available to the commissioners.
   
2. Requires the Commission to consist of 14 members and two alternates, and to be created no later than December 31 in each year ending in the number zero. Alternates may fully participate in Commission deliberation but shall not vote and shall not be counted towards the establishment of a quorum. Alternates are subject to the same terms of office, qualifications, restrictions, and standards of conduct as other commissioners.
3. Requires at least one commissioner to reside in each of the existing supervisorial districts.
4. Requires each commissioner to meet all of the following qualifications:
   
   1. Be a resident of the County of Sacramento.
   2. Be a voter who has been continuously registered in Sacramento County for five or more years immediately preceding the date of their appointment to the Commission.
      
   3. Have voted in at least one of the last three statewide elections immediately preceding the person’s application.
      
   4. Possess experience that demonstrates analytical skills relevant to redistricting and voting rights, and possess an ability to comprehend and apply applicable legal requirements.
      
   5. Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements.
   6. Possess experience that demonstrates an ability to be impartial.
      
   7. Possess experience that demonstrates an appreciation for the diverse demographics and geography of the county.
      
5. Prohibits a person from being a commissioner if the person, or an immediate family member, has done any of the following in the 10 years immediately preceding the person’s application:
   
   1. Been appointed or elected to, or have been a candidate for, office at the local, state, or federal level representing the county, including as a member of the board.
      
   2. Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the county, or of a candidate for such an office.
      
   3. Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee.
      
   4. Been a registered federal, state, or local lobbyist.
      
6. Requires the county executive to review commissioner applications and eliminate applicants who do not meet the qualifications. Requires the county executive to select 60 of the most qualified applicants and to publicize their names for at least 30 days. Permits the county executive, during this period, to eliminate any applicant if the executive becomes aware that the applicant does not meet the qualifications. Requires the county executive to create a subpool for each of the five existing supervisorial districts. Prohibits the county executive from communicating with a member of the board or their agent about the nomination process or applicants before the publication of the 60 most qualified applicants.
   
7. Requires the county executive to conduct a random drawing to select one commissioner from each of the five subpools, and then conduct a random drawing from the remaining applicants to select three additional commissioners.
   
8. Requires the eight selected commissioners to appoint six additional members from the remaining applicants. Requires these appointees to be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the Commission reflects the county's diversity, as specified.
   
9. Requires commissioners to apply the requirements of this bill in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.
   
10. Provides that the term of office of each member of the Commission expires upon the appointment of the first member of the succeeding Commission.
    
11. Provides that nine members of the Commission constitute a quorum and requires nine or more affirmative votes for any official action.
    
12. Prohibits the Commission from retaining a consultant, as specified, who would not be qualified as a Commission applicant due to any of the reasons described above in 5).
    
13. Requires each commissioner to be a designated employee for the purposes of the conflict of interest code adopted by the county, as specified, thereby requiring members to file statements of economic interests and to comply with specified state laws regarding conflicts of interests and limits on gifts and honoraria.
    
14. Provides that a member of an independent redistricting commission established pursuant to this bill shall not communicate with any individual or organization regarding redistricting matters outside of a public meeting. This provision does not do either of the following:
    1. Restrict the Commission from communicating with the staff of the legislative body of the local jurisdiction regarding administrative matters of the Commission.
       
    2. Restrict a commissioner from directly communicating with another commissioner, Commission staff, legal counsel, or consultants retained by the Commission.
       
15. Requires the Commission to establish single-member supervisorial districts pursuant to a mapping process using the following criteria as set forth in the following order of priority:
    
    1. Requires districts to comply with the United States (US) Constitution and requires each district to have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act (VRA) or allowable by law. Provides that population equality shall be based on the total population of residents in the county as determined by the most recent federal decennial census for which redistricting data are available, as specified. Provides that an incarcerated person shall not be counted towards the county’s population except for an incarcerated person whose last known place of residence can be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in a specified computerized database for redistricting.
       
    2. Requires districts to comply with the VRA.
       
    3. Requires districts to be geographically contiguous.
       
    4. Requires the geographic integrity of any city, local neighborhood, or local community of interest, as defined, to be respected in a manner that minimizes its division to the extent possible without violating the above requirements.
       
    5. Requires, to the extent practicable, and where this does not conflict with the higher-priority criteria detailed above, districts to be drawn to encourage geographical compactness, as specified.
       
16. Prohibits the place of residence of any incumbent or political candidate from being considered in the creation of a map, and prohibits districts from being drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
    
17. Requires the Commission to comply with the Ralph M. Brown Act (the state's open meetings law).
    
18. Requires the Commission, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing in each supervisorial district, as specified.
    
19. Requires the Commission, after drawing a draft map, to do both of the following:
    
    1. Post the map for public comment on county’s website.
       
    2. Conduct at least two public hearings to take place over a period of no fewer than 30 days.
       
20. Requires the Commission to make available to the public a calendar of all public hearings and to post the agenda for the public hearings at least seven days before the hearings. Requires the agenda for a meeting conducted after the Commission has drawn a draft map to include a copy of that map. Requires hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible.
    
21. Defines an "applicable language" as a language for which the number of residents of the county who are members of a language minority is greater than or equal to three percent of the total voting age residents of the county. Requires the Commission to arrange for the live translation of a hearing into that language if a request is made at least 24 hours before the hearing.
    
22. Requires the Commission to take steps to encourage county residents to participate in the redistricting process. Provides that these steps may include the following:
    
    1. Providing information through media, social media, and public service announcements.
       
    2. Coordinating with community organizations.
       
    3. Posting information on the county’s website that explains the redistricting process and includes a notice of each hearing and procedures for testifying or submitting testimony.
       
23. Provides that all records of the Commission relating to redistricting, and all data considered by the Commission in drawing a draft map or the final map, are public records.
    
24. Makes the Commission subject to restrictions on the release of draft maps and deadlines for the adoption of final maps that are generally applicable to county redistricting. Provides that the redistricting plan is subject to referendum.
    
25. Requires the Commission to issue, with the final map, a report that explains how the Commission made its decisions in achieving compliance with the criteria described above.
    
26. Prohibits a commissioner from holding elective office at the federal, state, county, or city level in the state for five years beginning from the date of the person’s appointment.
    
27. Prohibits a commissioner from doing any of the following for a period of three years beginning from the date of appointment to the Commission:
    
    1. Holding an appointive federal, state, or local public office.
       
    2. Serving as paid staff for, or a paid consultant to, the Board of Equalization (BOE), the Congress, the Legislature, or any individual legislator.
       
    3. Registering as a federal, state, or local lobbyist in the state.
       
28. Makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County.
29. Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.
    

EXISTING LAW:

1. Requires the board of supervisors of each county, following each federal decennial census, to adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts are substantially equal in population as required by the US Constitution, as specified. (Elections Code §§ 21500 et seq.)
2. Authorizes a local jurisdiction, including a county, to establish an independent, hybrid, or advisory redistricting commission by resolution, ordinance, or charter amendment, subject to certain conditions. (Elections Code §§ 23000 et seq.)
3. Establishes a procedure for a government of a county to adopt a charter by a majority vote of its electors voting on the question. Generally provides greater autonomy over county affairs to counties that have adopted charters. (California Constitution Article XI, §§ 3, 4)
4. Provides that charter counties are subject to statutes that relate to apportioning population of governing body districts. (California Constitution Article XI, § 4(a))
   
5. Establishes Citizens Redistricting Commissions in Fresno, Kern, Los Angeles, Riverside, and San Diego counties, and charges the commissions with adjusting the boundaries of supervisorial districts after each decennial federal census, as specified. (Elections Code §§ 21530-21535, 21540-21546, 21550-21553, 21560-21565, 21570-51575)
   

FISCAL EFFECT: According to the Senate Appropriations Committee, by requiring Sacramento County to create and operate a redistricting commission as specified, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on Sacramento County, the County could claim reimbursement of those costs (General Fund). The magnitude of these costs is unknown, but minimally in the hundreds of thousands of dollars on a decennial basis.

COMMENTS:

1. Bill Summary and Author’s Statement. This bill creates a Commission in Sacramento County and requires the Commission to adjust the boundaries of the county’s supervisorial districts after every decennial census. The bill establishes the composition of the Commission, requires at least one member to reside in each of the supervisorial districts, and further specifies the qualifications of Commission members.

This bill outlines the selection process for Commission members and specifies their terms and their conduct, including numerous prohibited activities to avoid conflicts of interest. It also imposes requirements for the districts that the Commission would establish and the process the Commission must follow in drafting and adopting the districts, including public hearings.

According to the author, “Electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.”

This bill is sponsored by the author.

1. Redistricting Overview. Redistricting is the process by which the boundaries of districts of a governmental body are adjusted. Redistricting generally occurs at the beginning of each decade following the decennial federal census, when new district lines are adopted based on the census data so that the populations of each district of a governmental body are roughly equal. Over the course of the decade, districts can become significantly unequal in population due to differential growth rates in various locations of a jurisdiction. Redistricting is the way this inequality is corrected.
2. California Citizens Redistricting Commission. Proposition 11, which was approved by the voters at the 2008 statewide general election, created the California Citizens Redistricting Commission (CCRC), and gave it the responsibility for establishing district lines for Assembly, Senate, and BOE. Proposition 11 also modified the criteria to be used when drawing district lines. Two years later, California voters approved Proposition 20, which gave the CCRC the responsibility for establishing lines for California's congressional districts, and made other changes to the procedures and criteria to be used by the CCRC. The CCRC consists of 14 registered voters, including five Democrats, five Republicans, and four others, all of whom are chosen according to procedures specified in Proposition 11. The CCRC adopted district lines for the Legislature, Congress, and the BOE in 2011 following the release of 2010 census data, and again in 2021 following the release of 2020 census data.
3. Local Redistricting Commissions and Previous Legislation. Prior to 2017, state law generally permitted a county or a city to create an advisory redistricting commission (described in state law at the time as a "committee" of residents of the jurisdiction), but did not expressly permit local jurisdictions to create commissions that had the authority to

establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction generally was held by the governing body. While charter cities could establish redistricting commissions that had the authority to establish district boundaries, charter counties did not have that authority in the absence of express statutory authorization.

In 2016, however, the Legislature passed and the Governor signed SB 1108 (Allen), Chapter 784, Statutes of 2016, which permits a county or a general law city to establish a redistricting commission, subject to certain conditions. SB 1018 (Allen), Chapter 462, Statutes of 2018, built upon SB 1108 by allowing all local governmental entities to establish redistricting commissions, and by modifying some of the rules governing local redistricting commissions.

Separately, the Legislature has enacted a number of bills to require specified counties to establish redistricting commissions. SB 958 (Lara), Chapter 781, Statutes of 2016, required the establishment of a Citizens Redistricting Commission in Los Angeles County. Similarly, AB 801 (Weber), Chapter 711, Statutes of 2017, required the establishment of a Citizens Redistricting Commission in San Diego County. These commissions were in place for redistricting following the 2020 federal decennial census, and drew the district lines for those counties’ supervisorial districts.

Last year, the Legislature approved AB 1307 (Cervantes), Chapter 403, Statutes of 2022, which creates a Citizens Redistricting Commission in Riverside County, AB 2030 (Arambula), Chapter 407, Statutes of 2022, which creates a Citizens Redistricting Commission in Fresno County, and AB 2494 (Salas), Chapter 411, Statutes of 2022, which creates a Citizens Redistricting Commission in Kern County, as specified. All of those commissions will be created for the next redistricting process following the 2030 census.

1. 2021 Sacramento County Redistricting. The authority to establish district boundaries for a local jurisdiction generally is held by the governing body of that jurisdiction. Because Sacramento County did not create a redistricting commission for the 2021 redistricting process, the Board of Supervisors redrew the boundary lines for supervisorial districts following the 2020 census.
   
   According to information from Sacramento County’s website for the 2021 redistricting process, the Board of Supervisors held eight public hearings on redistricting (four prior to the release of any draft maps, and four following the release of draft maps). The county also held eight public workshops on the redistricting process before draft maps were released, and one workshop after draft maps were released. At its meeting on December 7, 2021, the Board of Supervisors adopted new boundaries for the county supervisorial districts by a 4-1 vote.
   
2. Related Legislation. AB 34 (Valencia) creates a Citizens Redistricting Commission in Orange County. AB 34 is pending in the Senate Governance & Finance Committee.

AB 1248 (Bryan) requires a county or city with more than 300,000 residents, or a school district or community college district with more than 500,000 residents, to establish an IRC to adopt district boundaries after each federal decennial census. AB 1248 is pending in the Senate Governance & Finance Committee.

AB 764 (Bryan) makes various changes to provisions of state law governing redistricting by counties, cities, special districts, school districts, community college districts, and county boards of education. AB 764 is pending in the Senate Governance & Finance Committee.

SB 52 (Durazo) requires charter cities with a population of at least 2.5 million people to create an independent redistricting commission. SB 52 is pending in this committee.

1. Arguments in Support. California Common Cause writes, “In the 2020 local redistricting cycle, Sacramento County’s redistricting was conducted by the Sacramento County Board of Supervisors (BOS), in contrast to the IRC used by the City of Sacramento. By the end of the redistricting process, local communities expressed frustration at the BOS for not responding to community testimony and feedback. For instance, local communities submitted significant public testimony asking for the Asian American Pacific Islander communities in the Elk Grove, Florin, and Vineyard areas to be kept together in one district to not divide their voting power. These communities were ultimately split by the BOS into multiple districts in the final map.

“We commend Senator Ashby for expanding the use of independent redistricting commissions in California. They are proven to be the best practice for high-integrity, highly participatory redistricting. We also want to express our appreciation to the author for their collaborative dialogue with us in response to our suggestions to improve this legislation. Remaining suggestions, which have not yet been incorporated into SB 314, include better alignment with the FAIR MAPS Act, better alignment with existing commissioner qualifications and post-service restrictions in Election Code 23003, and eliminating the unnecessarily restrictive qualification for redistricting consultants in order to let jurisdictions which have not been proven to serve to public interest. However, even without these changes, SB 314 will greatly improve the redistricting process for Sacramento County residents.

“SB 314 will help ensure a redistricting process in Sacramento County that maximizes transparency, fairness, and participation, and respects communities over incumbent politicians. For these reasons, California Common Cause supports SB 314.”

1. Arguments in Opposition. Richard Markuson of the Pacific Advocacy Group writes, “As a registered lobbyist and constituent, I write in opposition to your Senate Bill 314 that creates the Citizens’ Redistricting Commission of Sacramento County, and tasks it with adjusting the boundary lines of Sacramento County’s supervisorial districts.

“Your bill sets several qualifications to serve on the commission, but you not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession. I find the idea repugnant, that a universe of applicants, including a representative of a collective bargaining entity of County employees is qualified to serve, but I, and my family is not.”

1. Double Referral. This was double-referred to the Assembly Elections Committee, where it passed on a 6-2 vote on June 21, 2023.

REGISTERED SUPPORT / OPPOSITION:

Support

AAPIs for Civic Empowerment-Education Fund

California Common Cause

California Environmental Voters

Democratic Party of Sacramento County

League of Women Voters of California (if amended)

Organize Sacramento

Queer Democrats of Sacramento

Opposition

Richard Markuson, Pacific Advocacy Group

Concerns

County of Sacramento

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

Date of Hearing: June 21, 2023

ASSEMBLY COMMITTEE ON ELECTIONS

Isaac G. Bryan, Chair

SBPCA Bill Id:SB 314

Author:(Ashby) – As Amended Ver:April 13, 2023

SENATE VOTE: 32-7

SUBJECT: County of Sacramento Redistricting Commission.

SUMMARY: Creates a Citizens Redistricting Commission (Commission) in Sacramento County, as specified. Specifically, this bill:

1. Provides for the creation of the Commission, and tasks it with adjusting the boundary lines of the county's supervisorial districts in the year following the year in which the decennial federal census is taken. Requires the Sacramento County Board of Supervisors (board) to provide reasonable funding and staffing for the Commission, to ensure that a computerized redistricting database is available, and to ensure that the public has access to redistricting data and computer software equivalent to what is available to the commissioners.
   
2. Requires the Commission to consist of 14 members, and to be created no later than December 31 in each year ending in the number zero.
3. Requires the political party preferences of commissioners to be as proportional as possible to the political party registrations of voters in the county, as specified. Requires at least one commissioner to reside in each of the existing supervisorial districts.
4. Requires each commissioner to meet all of the following qualifications:
   
   1. Be a county resident who was continuously registered to vote in the county with the same party preference for at least five years immediately preceding the person’s appointment;
      
   2. Has voted in at least one of the last three statewide elections immediately preceding the person’s application;
      
   3. Possess experience that demonstrates analytical skills relevant to redistricting and voting rights, and possess an ability to comprehend and apply applicable legal requirements;
      
   4. Possess experience that demonstrates an ability to be impartial; and,
      
   5. Possess experience that demonstrates an appreciation for the diverse demographics and geography of the county.
      
5. Prohibits a person from being a commissioner if the person, or an immediate family member, did any of the following in the 10 years immediately preceding the person’s application:
   
   1. Was appointed or elected to, or was a candidate for, office at the local, state, or federal level representing the county, including as a member of the board;
      
   2. Served as an employee or paid consultant of an elected representative at the local, state, or federal level representing the county, or of a candidate for such an office;
      
   3. Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee; or,
      
   4. Was a registered federal, state, or local lobbyist.
      
6. Requires the county elections official to review commissioner applications and eliminate applicants who do not meet the qualifications. Requires the elections official to select 60 of the most qualified applicants and to publicize their names for at least 30 days. Permits the elections official, during this period, to eliminate any applicant if the official becomes aware that the applicant does not meet the qualifications. Requires the elections official to create a subpool for each of the five existing supervisorial districts. Prohibits the elections official from communicating with a member of the board or their agent about the nomination process or applicants before the publication of the 60 most qualified applicants.
   
7. Requires the county elections official to conduct a random drawing to select one commissioner from each of the five subpools, and then conduct a random drawing from the remaining applicants to select three additional commissioners.
   
8. Requires the eight selected commissioners to appoint six additional members from the remaining applicants. Requires these appointees to be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the Commission reflects the county's diversity, as specified. Requires the eight commissioners to select applicants so that the political party preferences of the members of the Commission are as proportional as possible to the registered voters in the county, as detailed above.
   
9. Requires commissioners to apply the requirements of this bill in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.
   
10. Provides that the term of office of each member of the Commission expires upon the appointment of the first member of the succeeding Commission.
    
11. Provides that nine members of the Commission constitute a quorum and requires nine or more affirmative votes for any official action.
    
12. Prohibits the Commission from retaining a consultant, as specified, who would not be qualified as a Commission applicant due to any of the reasons described above in 5).
    
13. Requires each commissioner to be a designated employee for the purposes of the conflict of interest code adopted by the county, as specified, thereby requiring members to file statements of economic interests and to comply with specified state laws regarding conflicts of interests and limits on gifts and honoraria.
    
14. Requires the Commission to establish single-member supervisorial districts pursuant to a mapping process using the following criteria as set forth in the following order of priority:
    
    1. Requires districts to comply with the United States (US) Constitution and requires each district to have a reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act (VRA) or allowable by law. Provides that population equality shall be based on the total population of residents in the county as determined by the most recent federal decennial census for which redistricting data are available, as specified. Provides that an incarcerated person shall not be counted towards the county’s population except for an incarcerated person whose last known place of residence can be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in a specified computerized database for redistricting;
       
    2. Requires districts to comply with the VRA;
       
    3. Requires districts to be geographically contiguous;
       
    4. Requires the geographic integrity of any city, local neighborhood, or local community of interest, as defined, to be respected in a manner that minimizes its division to the extent possible without violating the above requirements; and,
       
    5. Requires, to the extent practicable, and where this does not conflict with the higher-priority criteria detailed above, districts to be drawn to encourage geographical compactness, as specified.
       
15. Prohibits the place of residence of any incumbent or political candidate from being considered in the creation of a map, and prohibits districts from being drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
    
16. Requires the Commission to comply with the Ralph M. Brown Act (the state's open meetings law).
    
17. Requires the Commission, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing in each supervisorial district, as specified.
    
18. Requires the Commission, after drawing a draft map, to do both of the following:
    
    1. Post the map for public comment on county’s website; and,
       
    2. Conduct at least two public hearings to take place over a period of no fewer than 30 days.
       
19. Requires the Commission to make available to the public a calendar of all public hearings and to post the agenda for the public hearings at least seven days before the hearings. Requires the agenda for a meeting conducted after the Commission has drawn a draft map to include a copy of that map. Requires hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible.
    
20. Defines an "applicable language," as a language for which the number of residents of the county who are members of a language minority is greater than or equal to three percent of the total voting age residents of the county. Requires the Commission to arrange for the live translation of a hearing into that language if a request is made at least 24 hours before the hearing.
    
21. Requires the Commission to take steps to encourage county residents to participate in the redistricting process. Provides that these steps may include the following:
    
    1. Providing information through media, social media, and public service announcements;
       
    2. Coordinating with community organizations; and,
       
    3. Posting information on the county’s website that explains the redistricting process and includes a notice of each hearing and procedures for testifying or submitting testimony.
       
22. Provides that all records of the Commission relating to redistricting, and all data considered by the Commission in drawing a draft map or the final map, are public records.
    
23. Makes the Commission subject to restrictions on the release of draft maps and deadlines for the adoption of final maps that are generally applicable to county redistricting. Provides that the adopted map is subject to referendum.
    
24. Requires the Commission to issue, with the final map, a report that explains how the Commission made its decisions in achieving compliance with the criteria described above.
    
25. Prohibits a commissioner from holding elective office at the federal, state, county, or city level in the state for five years beginning from the date of the person’s appointment.
    
26. Prohibits a commissioner from doing any of the following for a period of three years beginning from the date of appointment to the Commission:
    
    1. Holding an appointive federal, state, or local public office;
       
    2. Serving as paid staff for or a paid consultant to, the Board of Equalization (BOE), Congress, the Legislature, or any individual legislator; or,
       
    3. Registering as a federal, state, or local lobbyist in the state.
       
27. Makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County.
    

EXISTING LAW:

1. Requires the board of supervisors of each county, following each federal decennial census, to adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts are substantially equal in population as required by the US Constitution, as specified. (Elections Code §§21500 et seq.)
2. Authorizes a local jurisdiction, including a county, to establish an independent, hybrid, or advisory redistricting commission by resolution, ordinance, or charter amendment, subject to certain conditions. (Elections Code §§23000 et seq.)
3. Establishes a procedure for a government of a county to adopt a charter by a majority vote of its electors voting on the question. Generally provides greater autonomy over county affairs to counties that have adopted charters. (California Constitution Article XI, §§3, 4)
4. Provides that charter counties are subject to statutes that relate to apportioning population of governing body districts. (California Constitution Article XI, §4(a))
   
5. Establishes Citizens Redistricting Commissions in Fresno, Kern, Los Angeles, Riverside, and San Diego counties, and charges the commissions with adjusting the boundaries of supervisorial districts after each decennial federal census, as specified. (Elections Code §§21530-21535, 21540-21546, 21550-21553, 21560-21565, 21570-51575)
   

FISCAL EFFECT: According to the Senate Appropriations Committee, by requiring Sacramento County to create and operate a redistricting commission as specified, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on Sacramento County, the County could claim reimbursement of those costs (General Fund). The magnitude of these costs is unknown, but minimally in the hundreds of thousands of dollars on a decennial basis.

COMMENTS:

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

Electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.

1. Redistricting Overview: “Redistricting” is the process by which the boundaries of districts of a governmental body are adjusted. Redistricting generally occurs at the beginning of each decade following the decennial federal census, when new district lines are adopted based on the census data so that the populations of each district of a governmental body are roughly equal. Over the course of the decade, districts can become significantly unequal in population due to differential growth rates in various locations of a jurisdiction. Redistricting is the way this inequality is corrected.
2. California Citizens Redistricting Commission: Proposition 11, which was approved by the voters at the 2008 statewide general election, created the California Citizens Redistricting Commission (CCRC), and gave it the responsibility for establishing district lines for Assembly, Senate, and BOE. Proposition 11 also modified the criteria to be used when drawing district lines. Two years later, California voters approved Proposition 20, which gave the CCRC the responsibility for establishing lines for California's congressional districts, and made other changes to the procedures and criteria to be used by the CCRC. The CCRC consists of 14 registered voters, including five Democrats, five Republicans, and four others, all of whom are chosen according to procedures specified in Proposition 11. The CCRC adopted district lines for the Legislature, Congress, and the BOE in 2011 following the release of 2010 census data, and again in 2021 following the release of 2020 census data.
3. Local Redistricting Commissions and Previous Legislation: Prior to 2017, state law generally permitted a county or a city to create an advisory redistricting commission (described in state law at the time as a "committee" of residents of the jurisdiction), but did not expressly permit local jurisdictions to create commissions that had the authority to establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction generally was held by the governing body. While charter cities could establish redistricting commissions that had the authority to establish district boundaries, charter counties did not have that authority in the absence of express statutory authorization.
   
   In 2016, however, the Legislature passed and the Governor signed SB 1108 (Allen), Chapter 784, Statutes of 2016, which permits a county or a general law city to establish a redistricting commission, subject to certain conditions. SB 1018 (Allen), Chapter 462, Statutes of 2018, built upon SB 1108 by allowing all local governmental entities to establish redistricting commissions, and by modifying some of the rules governing local redistricting commissions.
   
   Separately, the Legislature has enacted a number of bills to require specified counties to establish redistricting commissions. SB 958 (Lara), Chapter 781, Statutes of 2016, required the establishment of a Citizens Redistricting Commission in Los Angeles County. Similarly, AB 801 (Weber), Chapter 711, Statutes of 2017, required the establishment of a Citizens Redistricting Commission in San Diego County. These commissions were in place for redistricting following the 2020 federal decennial census, and drew the district lines for those counties’ supervisorial districts.
   
   Last year, the Legislature approved AB 1307 (Cervantes), Chapter 403, Statutes of 2022, which creates a Citizens Redistricting Commission in Riverside County, AB 2030 (Arambula), Chapter 407, Statutes of 2022, which creates a Citizens Redistricting Commission in Fresno County, and AB 2494 (Salas), Chapter 411, Statutes of 2022, which creates a Citizens Redistricting Commission in Kern County, as specified. All of those commissions will be created for the next redistricting process following the 2030 census.
4. 2021 Sacramento County Redistricting: The authority to establish district boundaries for a local jurisdiction generally is held by the governing body of that jurisdiction. Because Sacramento County did not create a redistricting commission for the 2021 redistricting process, the Board of Supervisors redrew the boundary lines for supervisorial districts following the 2020 census.
   
   According to information from Sacramento County’s website for the 2021 redistricting process, the Board of Supervisors held eight public hearings on redistricting (four prior to the release of any draft maps, and four following the release of draft maps). The county also held eight public workshops on the redistricting process before draft maps were released, and one workshop after draft maps were released. At its meeting on December 7, 2021, the Board of Supervisors adopted new boundaries for the county supervisorial districts by a 4-1 vote.
   
5. Partisan Make Up: This bill requires the political party preferences of the commissioners to be as proportional as possible to the total number of voters who are registered with each political party in Sacramento County or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. According to the most recent voter registration figures from the Secretary of State, 45.92% of registered voters in Sacramento County are registered as Democrats, 24.69% are registered as Republicans, 21.54% are registered as having No Party Preference, and the remaining 7.85% of voters are registered with another party or are registered with a political body that is attempting to qualify as a political party. While this bill provides that "the political party or no party preferences of the commission members are not required to be exactly the same as the proportion of political party or no party preferences among the registered voters of the county," in order to reflect these registration figures, a 14-member commission might be expected to have between 6-7 Democrats, between 3-4 Republicans, three members registered as having No Party Preference, and one member registered with other political parties or bodies. The ability for the Commission to reflect those registration figures could be limited based on the results of the random drawing to select the first eight commissioners.
   
6. Arguments in Support: In support of this bill, AAPIs for Civic Empowerment Education Fund writes:

If a county does not use an independent redistricting commission, the incumbent county supervisors draw their own district boundaries after each Census. In 2021, the Sacramento County Board of Supervisors drew their own district lines. They held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be.

A recent report from Common Cause CA analyzed the 2020 local redistricting cycle and found that independent redistricting commissions, “significantly outperformed legislative bodies in terms of conducting a transparent process, promoting public participation, and drawing community-reflective maps.” The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency.

1. Arguments in Opposition: In opposition to this bill, a lobbyist at the Pacific Advocacy Group (a lobbying firm) writes, “[SB 314] sets several qualifications to serve on the commission, but you not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession. I find the idea repugnant, that a universe of applicants, including a representative of a collective bargaining entity of County employees is qualified to serve, but I, and my family is not.”
2. Related Legislation: AB 34 (Valencia), which is pending in the Senate Elections & Constitutional Amendments Committee, creates a Citizens Redistricting Commission in Orange County. AB 34 was approved by this committee on a 6-0 vote, and was approved on the Assembly Floor by a 61-15 vote.
   
   AB 1248 (Bryan), which is pending in the Senate Elections & Constitutional Amendments Committee, requires a county or city with more than 300,000 residents, or a school district or community college district with more than 500,000 residents, to establish an independent redistricting commission to adopt district boundaries after each federal decennial census. AB 1248 was approved by this committee on a 5-1 vote, and was approved on the Assembly Floor by a 61-17 vote.
   
   AB 764 (Bryan), which is pending in the Senate Elections & Constitutional Amendments Committee, makes various changes to provisions of state law governing redistricting by counties, cities, special districts, school districts, community college districts, and county boards of education. AB 764 was approved by this committee on a 5-1 vote, and was approved on the Assembly Floor by a 62-17 vote.
   
   SB 52 (Durazo), which is pending in this committee, requires charter cities with a population of 2.5 million people or more to create an independent redistricting commission. The City of Los Angeles is the only city that would be affected based on current population figures.
3. Double Referral: This bill has been double referred to the Assembly Local Government Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

AAPIs for Civic Empowerment Education Fund

California Common Cause (if amended)

California Environmental Voters

Democratic Party of Sacramento County

League of Women Voters of California (if amended)

Organize Sacramento (prior version)

Queer Democrats of Sacramento

Opposition

Pacific Advocacy Group

Analysis Prepared by: Ethan Jones / ELECTIONS / (916) 319-2094

 THIRD READING  

Bill No: SB 314

Author: Ashby (D)

Amended: 4/13/23

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 3/21/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NO VOTE RECORDED: Nguyen

SENATE GOVERNANCE & FIN. COMMITTEE: 6-2, 4/12/23

AYES: Caballero, Blakespear, Durazo, Glazer, Skinner, Wiener

NOES: Seyarto, Dahle

SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

SUBJECT: County of Sacramento Redistricting Commission

SOURCE: Author

DIGEST:

This bill establishes the Citizens Redistricting Commission for Sacramento County (CRCSC) to be tasked with adjusting the boundary lines of the supervisorial districts of Sacramento County, as specified.

ANALYSIS:

Existing law:

1. Requires the board of supervisors of each county, following each federal decennial census, to adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts are substantially equal in population as required by the United States Constitution.
2. Requires population equality to be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data are available, as specified.
3. Requires each Board of supervisors to adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (VRA).
4. Requires each board of supervisors to adopt supervisorial district boundaries using a specified criteria and procedure.
5. Authorizes a county, general law city, school district, community college district, or a special district to establish an independent redistricting commission, an advisory redistricting commission, or a hybrid redistricting commission by resolution, ordinance, or charter amendment, subject to certain conditions.
6. Defines an “advisory redistricting commission” to mean a body that recommends to a legislative body placement of the district boundaries for that legislative body. Defines a “hybrid redistricting commission” to mean a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law. Defines an “independent redistricting commission” to mean a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.
7. Establishes a procedure for a government of a county to adopt a charter by a majority vote of its electors voting on the question. Provides, generally, greater autonomy over county affairs to counties that have adopted charters.
8. Provides that counties that have adopted charters are subject to statutes that relate to apportioning population of governing body districts.
9. Establishes the California Citizens Redistricting Commission, as specified. Establishes a Citizens Redistricting Commission in Fresno, Kern, Los Angeles, and Riverside counties, and an Independent Redistricting Commission in San Diego County, and charges each commission with adjusting districts of supervisorial districts after each decennial federal census, as specified.

This bill:

1. Provides for the creation of the CRCSC, and tasks the CRCSC with adjusting the boundary lines of Sacramento County’s supervisorial districts in the year following the year in which the decennial federal census is taken, as specified.
2. Requires the CRCSC to be created no later than December 31, 2030, and in each year ending in the number zero thereafter.
3. States that the selection process is designed to produce a commission that is independent from the influence of the Sacramento County Board of Supervisors (Board) and reasonably representative of the county’s diversity.
4. Requires the CRCSC to consist of 14 members. Requires the political party preferences of the CRCSC members, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party in Sacramento County, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. Provides that the political party or no party preferences of the CRCSC members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. Requires at least one CRCSC member to reside in each of the five existing supervisorial districts of the Board.
5. Requires each CRCSC member to meet specific qualifications:
6. Prohibits an applicant and an immediate family member of the applicant from specified activities within the 10 years immediately preceding the date of application to the CRCSC.
7. Permits an interested person meeting specified qualifications to submit an application to the county election official to be considered for membership on the CRCSC. Requires the county election official to review the applications and eliminate applicants who do not meet the specified qualifications.
8. Requires the county election official to select 60 of the most qualified applicants, taking into account the relevant requirements, and to make their names public for at least 30 days. Prohibits the county election official from communicating with a member of the Board, or an agent for a member of the Board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. Permits the county election official, during this period, to eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the specified qualifications.
9. Requires the county election official to create a subpool for each of the five existing supervisorial districts in Sacramento County. Requires, at a regularly scheduled meeting of the Board, the county election official to conduct a random drawing to select one commissioner from each of the five subpools established by the county election official, and to then conduct a random drawing from all of the remaining applicants to select three additional commissioners.
10. Requires the eight selected commissioners to review the remaining names in the subpools of applicants and to appoint six additional applicants to the CRCSC, as specified.
11. Requires the CRCSC, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district, as specified. Requires the CRCSC, after drawing the draft maps, to post the map for public comment on Sacramento County’s website and conduct at least two public hearings to take place over a period of no fewer than 30 days.
12. Requires the CRCSC to establish and make available to the public a calendar of all public hearings and requires the hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. Requires the CRCSC to arrange for the live translation of a hearing and requires the CRCSC to take steps to encourage county residents to participate in the redistricting public review process, as specified.
13. Requires the CRCSC to post the agenda for the public hearings at least seven days before the hearings. Requires the agenda for a meeting conducted after the CRCSC has drawn a draft map to include a copy of that map.
14. Requires the Board to take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software equivalent to what is available to the CRCSC members.
15. Requires the Board to provide for reasonable funding and staffing for the CRCSC.
16. Requires all records of the CRCSC relating to redistricting, and all data considered by the CRCSC in drawing a draft map or the final map, to be public records.
17. Requires the CRCSC to adopt a redistricting plan adjusting the boundaries of the supervisorial districts and to file the plan with the county election official by the map adoption deadline set forth in existing law for county supervisorial maps, as specified. Prohibits the CRCSC from releasing a draft map before the date set forth in existing law for county supervisorial draft maps, as specified. Provides that this plan is subject to referendum in the same manner as ordinances.
18. Requires the CRCSC to issue, with the final map, a report that explains the basis on which the CRCSC made its decisions in achieving compliance with the criteria described above.
19. Prohibits a CRCSC member from specified activities beginning from the date of appointment to the CRCSC.
20. Defines “immediate family member” and “community of interest,” as specified.
21. Makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County.

Background

Local Redistricting. Prior to 2017, counties and general law cities were able to create advisory redistricting commissions, but were not able to create independent commissions with the authority to establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction was generally held by the governing body of that jurisdiction. Charter cities are able to establish independent redistricting commissions that have the authority to establish district boundaries because the California Constitution gives charter cities broad authority over the conduct of city elections and over the manner for which municipal officers are elected. As a result, a number of California charter cities established redistricting commissions to adjust city council districts following each decennial census. Counties and general law cities did not have that authority in the absence of express statutory authorization.

Legislative Authority for County Redistricting Commissions. The Legislature has created independent redistricting commissions for five counties: Fresno, Kern, Los Angeles, Riverside, and San Diego,

The Legislature also authorized (but did not require) counties and general law cities to establish redistricting commissions. SB 1108 (Allen, Chapter 784, Statutes of 2016) authorized two different types of commissions: independent commissions and advisory commissions. SB 1108 generally provided cities and counties with the discretion to determine the structure and membership of an advisory or independent redistricting commission. However, it did establish minimum qualifications for commission membership. While SB 1108 imposed few restrictions and requirements on advisory commissions, it did subject members of independent commissions to extensive eligibility requirements and post-service restrictions.

Legislative Authority for Other Local Entities. SB 1018 (Allen, Chapter 462, Statutes of 2018) extended the authority to adopt redistricting commissions to school districts, community college districts, and special districts. The bill also relaxed some of the eligibility requirements for members of independent commissions and eased one of the post-service restrictions on those members in an effort to expand the pool of individuals who are available to serve on such commissions. SB 1018 also allowed for the creation of hybrid commissions, subject to the same restrictions and requirements as independent commissions.

Political Party Preferences. If chaptered, the commission makeup will be required, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party preference in Sacramento County, as determined by registration at the most recent statewide election. According to the February 10, 2023 Report of Registration, the Secretary of State reported the following for Sacramento County (868,733 total registered voters): Democratic – 398,938 (45.92%), Republican – 214,525 (24.69%), American Independent – 36,792 (4.24%), Green – 4,069 (0.47%), Libertarian – 11,566 (1.33%), Peace and Freedom – 5,443 (0.63%), Unknown – 4,297 (0.49%), Other – 5,988 (0.69%), and No Party Preference – 187,115 (21.54%).

If no party preference is shown on a voter registration affidavit, then the county election official designates the voter’s party preference as “Unknown” and is treated as a “No Party Preference” voter. If you take these numbers into consideration and use them to calculate the potential commission party preference composition, Democrats would have six or seven members, Republicans would have three or four members, No Party Preference voters would have three or four members when only using No Party Preference voters and when combining Unknown and No Party preferences, and the remaining party preferences between zero and one member.

Comments

1. Author’s statement. According to the author, electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.
2. Need for the Bill. In the materials provided to the committee by the author’s staff, in 2021, the Sacramento County Board of Supervisors drew their own district lines. They held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be. Additionally, Sacramento County’s process left several organized groups feeling unheard. For example, one vocal constituency that repeatedly pled to remain whole was the Asian American and Pacific Islander (AAPI) community. Ultimately, the Sacramento County Board of Supervisors voted 4-1 to adopt a supervisorial district map that fractured the AAPI communities of South Sacramento County, splitting them between supervisorial districts.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, by requiring Sacramento County to create and operate a redistricting commission as specified, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on Sacramento County, the County could claim reimbursement of those costs (General Fund). The magnitude of these costs is unknown, but minimally in the hundreds of thousands of dollars on a decennial basis.

SUPPORT: (Verified 5/18/23)

AAPIs for Civic Empowerment-Education Fund

California Environmental Voters

Organize Sacramento

Queer Democrats of Sacramento

OPPOSITION: (Verified 5/18/23)

Pacific Advocacy Group

ARGUMENT IN SUPPORT: In a letter supporting SB 314, the California Environmental Voters stated, in part, the following:

As the state has recently made permanent a policy which expands access to voting by requiring every county election officials to mail a ballot to every registered voter, while voters have better access to voting, ensuring they are voting in districts that reflect their lived experience is critical to realizing the full potential of our multiracial democracy, made a reality by citizen’s redistricting commissions who have the interest of voters at heart.

ARGUMENT IN OPPOSITION: In a letter opposing SB 314, the Pacific Advocacy Group stated, in part, the following:

[SB 314] sets several qualifications to serve on the commission, but you not only disqualify me but my entire immediate family from serving on the commission because of my chosen profession.

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

5/20/23 12:44:25

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 314 (Ashby) - County of Sacramento Redistricting Commission

Bill Summary:

SB 314 would establish the Citizens Redistricting Commission for Sacramento County (CRCSC) to be tasked with adjusting the boundary lines of the supervisorial districts of Sacramento County, as specified.

Fiscal Impact:

By requiring Sacramento County to create and operate a redistricting commission as specified, this bill creates a state-mandated local program. To the extent the Commission on State Mandates determines that the provisions of this bill create a new program or impose a higher level of service on Sacramento County, the County could claim reimbursement of those costs (General Fund). The magnitude of these costs is unknown, but minimally in the hundreds of thousands of dollars on a decennial basis.

Background:

In 2008, California voters approved Proposition 11, which amended the California Constitution to transfer the power to redraw electoral district boundaries for seats in Legislature to an independent 14-member citizen’s redistricting commission. Current law requires the board of supervisors of each county, following the census every 10 years, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in populations as possible and comply with the applicable provisions of the federal Voting Rights Act. The Board must adopt supervisorial district boundaries using specified criteria:

Until recently, state law allowed a county board of supervisors to appoint an advisory committee to study and make recommendations on changes to supervisorial boundaries. However, because the Constitution specifically says that “Charter counties are subject to statutes that relate to apportioning population of governing body districts,” charter counties couldn’t create citizens redistricting commissions to redraw supervisorial districts until state law was amended to specifically authorize them to do so. In 2016, with the passage of SB 1108, the Legislature repealed the authorization to appoint advisory committees and instead allowed a county or general law city to establish a commission to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts.

Because counties couldn’t independently establish redistricting commissions until the passage of SB 1108, the Legislature statutorily authorized redistricting commissions in two counties: San Diego and Los Angeles. In 2012, at the request of San Diego County officials, the Legislature established a redistricting commission in San Diego County and charged it with adjusting the boundaries of supervisorial districts after each decennial federal census (SB 1331, 2012).

In 2016, the Legislature established a redistricting commission for Los Angeles County (SB 958, 2016). The Los Angeles County redistricting commission comprises 14 members. The redistricting commission must be constituted after each census and adjust the boundaries in accordance with specified parameters

In 2018, the Legislature reformed the San Diego County Commission in SB 1108 to import many of the same requirements as SB 958 created for Los Angeles County (AB 801). Both the Los Angeles and San Diego Commissions approved final maps for their respective counties in December, 2021.

In 2018, voters in the County of Santa Barbara approved a local ordinance, Measure G2018, placed on the ballot by the Santa Barbara County board of supervisors, which established the County of Santa Barbara Citizens’ Independent Redistricting Commission. The commission is comprised of eleven commissioners and charged with redrawing county supervisorial district lines after the 2020 census using specified criteria.

Overall, according to data from California Common Cause, seven counties have established county independent redistricting commissions: Los Angeles, Santa Barbara, San Diego, San Francisco, Riverside, Fresno and Kern.

Proposed Law:

This bill would, among other things, do the following:

• Create the CRCSC, and task it with adjusting the boundary lines of Sacramento County’s supervisorial districts in the year following the year in which the decennial federal census is taken. Require it to be created no later than December 31, 2030, and in each year ending in the number zero thereafter.
• Require the CRCSC to consist of 14 members, as specified.
• Require each CRCSC member to meet specified qualifications.
• Permit an interested person meeting the qualifications specified above to submit an application to the county election official to be considered for membership on the CRCSC. Require the county election official to review the applications and eliminate applicants who do not meet the specified qualifications.
• Require the county election official to select 60 of the most qualified applicants, taking into account the relevant requirements, and to make their names public for at least 30 days. Prohibit the county election official from communicating with a member of the Board, or an agent for a member of the Board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. Permit the county election official, during this period, to eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the specified qualifications.
• Require the county election official to create a subpool for each of the five existing supervisorial districts in Sacramento County. Requires, at a regularly scheduled meeting of the Board, a county elections official to conduct a random drawing to select one commissioner from each of the five subpools established by the county election official, and to then conduct a random drawing from all of the remaining applicants to select three additional commissioners.
• Require these eight selected commissioners to review the remaining names in the subpools of applicants and to appoint six additional applicants to the CRCSC, as specified.
• Require CRCSC to establish single-member supervisorial districts for the Board pursuant to a mapping process using specified criteria as set forth in the following order of priority.
• Require CRCSC, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district, as specified.
• Require CRCSC, after drawing the draft maps, to (1) post the map for public comment on Sacramento County’s website, and (2) conduct at least two public hearings to take place over a period of no fewer than 30 days.
• Require CRCSC to establish and make available to the public a calendar of all public hearings and requires the hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible.
• Require CRCSC to take specified steps to encourage county residents to participate in the redistricting public review process.
• Require the Board to take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software equivalent to what is available to the CRCSC members.
• Require the Board to provide for reasonable funding and staffing for CRCSC.
• Require all records of the CRCSC relating to redistricting, and all data considered by the CRCSC in drawing a draft map or the final map, to be public records.
• Require the CRCSC to adopt a redistricting plan adjusting the boundaries of the supervisorial districts and to file the plan with the county election official by the map adoption deadline set forth in existing law for county supervisorial maps, as specified. Prohibit CRCSC from releasing a draft map before the date set forth in existing law for county supervisorial draft maps, as specified. Provide that this plan is subject to referendum in the same manner as ordinances.
• Require CRCSC to issue, with the final map, a report that explains the basis on which it made its decisions in achieving compliance with the criteria described above.
• Prohibit a CRCSC member, for a period of five years beginning from the date of appointment to the commission, from holding elective public office at the federal, state, county, or city level in this state.

Related Legislation:

• SB 52 (Durazo) would require an independent redistricting commission for charter cities with a population of at least 2,500,000 people to adjust the district boundaries for the city council, as specified. SB 52 is currently pending in the Senate Committee on Elections and Constitutional Amendments.
• AB 1248 (Bryan) would require a county, general law city, charter city, school district, or community college district that contains over 300,000 residents to establish an independent redistricting commission to adopt district boundaries after each federal decennial census, as specified and unless certain conditions are met. This bill is currently pending in the Assembly Committee on Elections.
• AB 1307 (Cervantes, Chapter 403, Statutes of 2022) created a Citizens Redistricting Commission in Riverside County, as specified.
• AB 2030 (Arambula, Chapter 407, Statutes of 2022) created a Citizens Redistricting Commission in Fresno County, as specified.
• AB 2494 (Salas, Chapter 411, Statutes of 2022) created a Citizens Redistricting Commission in Kern County, as specified.
• AB 849 (Bonta, Chapter 557, Statutes of 2019) revised and standardized redistricting criteria, procedures, and requirements that counties and cities must follow when they adopt or adjust the boundaries of electoral districts used to elect members of the jurisdictions’ governing bodies. AB 1276 (Bonta, Chapter 90, Statutes of 2020) made a number of technical and clarifying changes to law governing local government redistricting that were inadvertently left out of AB 849 (Bonta).
• AB 801 (Weber, Chapter 711, Statutes of 2017) revised the membership of the County of San Diego’s Citizens Redistricting Commission to a 14-member commission charged with adjusting the boundary lines of the districts of the Board of Supervisors.
• SB 958 (Lara, Chapter 781, Statutes of 2016), established an independent Citizens Redistricting Commission in the County of Los Angeles to adjust the boundary lines of the districts of the county’s Board of Supervisors.
• SB 1108 (Allen, Chapter 784, Statutes of 2016) authorized a county or a general law city to establish a redistricting commission.
• SB 1331 (Kehoe, Chapter 508, Statutes of 2012) established an Independent Redistricting Commission in the County of San Diego and stipulated, among other things, that only retired state or federal judges were eligible to serve on the commission.

-- END --

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Anna M. Caballero, Chair

2023 - 2024 Regular

County of Sacramento Redistricting Commission

Creates the Citizens’ Redistricting Commission of Sacramento County (the Commission), and tasks it with adjusting the boundary lines of Sacramento County’s supervisorial districts.

Background

State law requires the board of supervisors of each county, following each decennial federal census, and using that census as a basis, to adjust the boundaries of any or all of the supervisorial districts of the county so that the districts are as nearly equal in populations as possible and comply with the applicable provisions of the federal Voting Rights Act. The Board must adopt supervisorial district boundaries using the following criteria in the following order:

• To the extent practicable, requires supervisorial districts to be geographically contiguous.
• To the extent practicable, requires the geographic integrity of any local neighborhood or local community of interest to be respected in a manner that minimizes its division.
• To the extent practicable, requires the geographic integrity of a city or census designated place to be respected in a manner that minimizes its division.
• Supervisorial district boundaries should be easily identifiable and understandable by residents. To the extent practicable, requires supervisorial districts to be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
• To the extent practicable, and where it does not conflict with the criteria listed above, requires supervisorial districts to be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
• Prohibits the county from adopting supervisorial district boundaries for the purpose of favoring or discriminating against a political party.

A board of supervisors must hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more supervisorial districts.

Redistricting Commissions. In 2008, California voters approved Proposition 11, which amended the California Constitution to transfer the power to redraw electoral district boundaries for seats in the state legislature to an independent 14-member citizen’s redistricting commission. The California Constitution provides that charter cities, without being bound by state general laws, may control their own municipal affairs, including matters related to the election of their city councils. Using their authority under the constitution’s municipal affairs doctrine, some charter cities have established independent citizen’s commissions to redraw city council district boundaries. Others have appointed advisory committees, who recommend district boundaries to the local agency governing board, while others have created “hybrid commissions” that recommend to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as required to comply with state and federal law.

Previously, state law allowed a county board of supervisors to appoint an advisory committee to study and make recommendations on changes to supervisorial boundaries (SB 407, Bradley, 1970). However, because the California Constitution specifically says that “Charter counties are subject to statutes that relate to apportioning population of governing body districts,” charter counties couldn’t create citizens redistricting commissions to redraw supervisorial districts until state law was amended to specifically authorize them to do so. In 2016, the Legislature repealed the authorization to appoint advisory committees and instead allowed a county or general law city to establish a commission to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts (SB 1108, Allen, 2016).

Because counties couldn’t independently establish redistricting commissions until the passage of SB 1108, the Legislature statutorily authorized redistricting commissions in two counties: San Diego and Los Angeles. In 2012, at the request of San Diego County officials, the Legislature established a redistricting commission in San Diego County and charged it with adjusting the boundaries of supervisorial districts after each decennial federal census (SB 1331, Kehoe, 2012).

In 2016, the Legislature established a redistricting commission for Los Angeles County (SB 958, Lara, 2016). The Los Angeles County redistricting commission comprises 14 members—one each, chosen at random, from the eight planning areas in Los Angeles County and six additional members chosen by the initial eight members. The final commission membership must reflect the political party membership in the county as a whole. To be eligible to sit on the commission, a person must meet a number of qualifications, such as having consistent voting registration across recent elections and possessing experience that demonstrates their analytical ability and impartiality. SB 958 also imposed requirements on commissioners intended to mitigate conflicts of interest. The redistricting commission must be constituted after each census and adjust the boundaries in accordance with the following parameters in order of priority:

• Districts must comply with the United States Constitution and each district must have reasonably equal population with other districts for the board, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.
• Districts must comply with the federal Voting Rights Act.
• Districts must be geographically contiguous.
• The geographic integrity of any city, county, city and county, local neighborhood, or local community of interest, as defined in the bill, must be respected in a manner that minimizes their division to the extent possible without violating other specified criteria.
• To the extent practicable, and where it does not conflict with other specified criteria, districts must be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant populations.

In 2018, the Legislature reformed the San Diego County Commission in SB 1108 to import many of the same requirements as SB 958 created for Los Angeles County (AB 801, Weber). Both the Los Angeles and San Diego Commissions approved final maps in their respective counties in December, 2021. Last year, the Legislature enacted AB 1307 (Cervantes), AB 2030 (Arambula), and AB 2494 (Salas), which created independent redistricting commissions almost identical to those applied by SB 958 to Los Angeles County in Riverside, Fresno, and Kern Counties, respectively.

Sacramento County. With 1.5 million residents, Sacramento is California’s eighth most populous county. Sacramento County’s Board of Supervisors has five members like almost all other California counties, which adopted final maps for supervisorial districts based on the 2020 census on December 7, 2021. However, members of the public argued during a board meeting that the maps divided Asian American Pacific Islander communities in South Sacramento County into separate districts, diluting their voting power.

The author wants to create an independent redistricting commission for Sacramento County based on the models previously enacted in San Diego, Los Angeles, Riverside, Fresno, and Kern Counties.

Proposed Law

Senate Bill 314 creates the Citizens’ Redistricting Commission of Sacramento County (the Commission), and tasks it with adjusting the boundary lines of Sacramento County’s supervisorial districts in the year following the year in which the decennial federal census is taken. SB 314’s design of the Commission and assignment of duties is almost identical to those applied by SB 958 to the Los Angeles County Commissions, as adapted for Sacramento County.

Under the bill, the Commission must be created no later than December 31, 2030, and in each year ending in the number zero thereafter. The bill states that its selection process is designed to produce a commission that is independent from the influence of the Sacramento County Board of Supervisors and reasonably representative of the county’s diversity.

Membership. SB 314 requires the Commission to consist of 14 members whose political party preferences as shown on the members’ most recent affidavits of registration be as proportional as possible to the total number of voters who are registered with each political party in Sacramento County, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. The bill provides that the political party or no party preferences of the Commission members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. The measure requires at least one Commission member to reside in each of the five existing supervisorial districts of the board.

SB 314 sets the following qualifications for membership on the Commission:

• Be a resident of Sacramento County.
• Be a voter who has been continuously registered in Sacramento County with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of their appointment to the Commission.
• Has voted in at least one of the last three statewide elections immediately preceding their application to be a member of the Commission.
• Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements.
• Possess experience that demonstrates an ability to be impartial.
• Possess experience that demonstrates an appreciation for the diverse demographics and geography of Sacramento County.

SB 314 disqualifies from membership on the Commission anyone who within the 10 years immediately preceding the date of application to the Commission who, or whose immediate family member, has done any of the following:

• Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing Sacramento County, including as a member of the board.
• Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing Sacramento County.
• Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing Sacramento County.
• Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee.
• Been a registered federal, state, or local lobbyist.

Application and selection. Under the bill, persons interested in serving on the Commission meeting the qualifications specified above may submit an application to the county elections official to be considered for membership on the Commission. The county elections official must then review the applications and eliminate applicants who do not meet the specified qualifications. The county elections official then selects 60 of the most qualified applicants, taking into account the relevant requirements, and makes their names public for at least 30 days. The county elections official cannot communicate with a member of the board, or an agent for a member of the board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. During this time, the county elections official may eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the above qualifications. The county elections official then creates a subpool for each of the five existing supervisorial districts in Sacramento County.

The Auditor-Controller of Sacramento County then conducts a random drawing at a regularly scheduled meeting of the Sacramento County Board of Supervisors, to select one commissioner from each of the five subpools established by the county elections official, and to then conduct a random drawing from all of the remaining applicants to select three additional commissioners. The eight selected commissioners then review the remaining names in the subpools of applicants and appoint six additional applicants to the Commission, based on relevant experience, analytical skills, and ability to be impartial; and to ensure that the Commission reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity, provided that formulas or specific ratios are not applied for this purpose. During the selection, the eight members must consider political party preference, selecting applicants so that the political party preferences of the members of the Commission are as proportional as possible to the registered voters in the county. Commission members must apply these requirements in a manner that is impartial, and reinforces public confidence in the integrity of the redistricting process. SB 314 states the term of office of each member of the Commission expires upon the appointment of the first member of the succeeding commission.

Process. SB 314 states that nine members of the Commission constitute a quorum and that nine or more affirmative votes are required for any official action. The Commission cannot retain a consultant who would not be qualified as a Commission applicant due to any of the disqualifying criteria described above. The bill states that each Commission member is a designated employee for purposes of the conflict of interest code adopted by Sacramento County.

SB 314 requires the Commission to comply with the Ralph M. Brown Act, and conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. The Commission may modify the location of hearings in the event any state or local health order prohibits large gatherings, including virtual hearings that use technology to permit remote viewing and participation to the extent required to comply with public health requirements. If the Commission modifies the location of a hearing, it must provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. Additionally, the Commission must provide an opportunity for in-person participation for at least one hearing in each supervisorial district.

Under the bill, the Commission must establish and make available to the public a calendar of all public hearings, and schedule hearings at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. The Commission must post the agenda for the public hearings at least seven days before the hearings. After the Commission has drafted a map, it must include a copy of that map on the agenda. The Commission must arrange for the live translation of a hearing held pursuant to this bill in an “applicable language” if a request for translation is made at least 24 hours before the hearing, defined as a language for which the number of residents of Sacramento County who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county.

SB 314 directs the Commission to take steps to encourage county residents to participate in the redistricting public review process, including:

• Providing information through media, social media, and public service announcements.
• Coordinating with community organizations.
• Posting information on Sacramento County’s website that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the Commission.

The Commission must also take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software equivalent to what is available to the Commission members. The measure requires the Sacramento County Board of Supervisors to provide reasonable funding and staffing for the Commission. The bill also provides that all Commission records relating to redistricting, and all data considered by the Commission in drawing a draft map or the final map, are to be public records.

Establishing districts. SB 314 requires the Commission to establish single-member supervisorial districts for the board pursuant to a mapping process using the same criteria set by SB 958 for Los Angeles County. After drawing the draft maps, the Commission must post the maps for public comment on Sacramento County’s website, and conduct at least two public hearings to take place over a period of no fewer than 30 days.

The Commission must adopt a redistricting plan adjusting the boundaries of the supervisorial districts and file the plan with the county elections official by the map adoption deadline set by current law for county supervisorial maps. The bill prohibits the Commission from releasing a draft map before the date set forth in existing law for county supervisorial draft maps, as specified. The Commission must also include with the final map, a report that explains the basis on which the Commission made its decisions in achieving compliance with the criteria described above.

Other provisions. SB 314 bars a Commission member from holding elective public office at the federal, state, county, or city level in this state for a period of five years beginning from the date of appointment to the commission. The measure likewise prohibits a Commission member from holding appointive federal, state, or local public office, serving as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or registering as a federal, state, or local lobbyist in this state for a period of three years starting with the same date.

The bill defines several terms, and makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “Electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.”

2. Home rule. SB 314 requires the creation of an independent redistricting commission in Sacramento County to draw the boundaries for supervisorial districts, commencing upon the 2030 census. However, counties can already establish redistricting commissions by ordinance under SB 1108—and local voters may do so through their initiative power. The Committee may wish to consider whether redistricting in Sacramento County is a decision best made by the Legislature, or local voters and their elected officials.

3. Goose and gander. SB 314 is the fourth bill in the last two years to create an independent redistricting commission in a specific county. These bills followed two previous efforts to do so in 2012 and 2016, raising the question of whether all counties above a certain population threshold should have an independent commission. However, SB 139 (Allen, 2019) would have required a county with a population of 400,000 or more to establish an independent redistricting commission to adopt the county supervisorial districts after each federal decennial census, but was vetoed by the Governor with the following message:

This bill requires a county with more than 400,000 residents to establish an independent redistricting commission tasked with adopting the county's supervisorial districts following each federal decennial census.

While I agree these commissions can be an important tool in preventing gerrymandering, local jurisdictions are already authorized to establish independent, advisory or hybrid redistricting commissions. Moreover, this measure constitutes a clear mandate for which the state may be required to reimburse counties pursuant to the California Constitution and should therefore be considered in the annual budget process.

4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because SB 314 imposes additional duties on local officials, Legislative Counsel says that it imposes a new state mandate. The bill requires the state to reimburse local agencies if the Commission on State Mandates determines that the bill imposes a reimbursable mandate.

5. Special legislation. The California Constitution prohibits special legislation when a general law can apply (Article IV, §16). SB 314 finds and declares that legislation that applies only to Sacramento County is needed due to the unique circumstances facing the County of Sacramento.

6. Related legislation. SB 52 (Durazo) creates an independent Citizens Redistricting Commission in a charter city with a population of at least 2,500,000 people, which has a city charter that does not establish an independent redistricting commission responsible for adopting boundaries for all of the council districts of the city. The bill is currently pending in the Senate Committee on Elections and Constitutional Amendments.

7. Double-referral. The Senate Rules Committee has ordered a double-referral of SB 314—first to the Senate Elections & Constitutional Amendments Committee, which has jurisdiction over election procedures, and then to the Senate Governance & Finance Committee which has policy jurisdiction over county governance. The Senate Elections & Constitutional Amendments Committee approved SB 314 by a vote of 6 to 0 at its March 21, 2023, hearing.

8. Technical. Like predecessor bills, SB 314 directs the Sacramento County Auditor-Controller to conduct random draws for the first eight members, but in Sacramento County, the auditor-controller’s office was consolidated as a division under the Department of Finance. The Committee may wish to consider amending SB 314 to extend the duties of the county elections official already required by the bill to also conduct the draws.

Support and Opposition

(4/7/23)

Support:
Organize Sacramento
Queer Democrats of Sacramento

Opposition: None submitted.

-- END --

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 3/21/23

Subject: County of Sacramento Redistricting Commission

DIGEST

This bill establishes the Citizens Redistricting Commission for Sacramento County (CRCSC) to be tasked with adjusting the boundary lines of the supervisorial districts of Sacramento County, as specified.

ANALYSIS

Existing law:

1. Requires the Board of Supervisors of each county, following each federal decennial census, to adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts are substantially equal in population as required by the United States Constitution.
2. Requires population equality to be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data are available, as specified.
3. Requires each Board of Supervisors to adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (VRA).
4. Requires each Board of Supervisors to adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
   1. To the extent practicable, requires supervisorial districts to be geographically contiguous, as specified.
   2. To the extent practicable, requires the geographic integrity of any local neighborhood or local community of interest, as defined, to be respected in a manner that minimizes its division.
   3. To the extent practicable, requires the geographic integrity of a city or census designated place to be respected in a manner that minimizes its division.
   4. Supervisorial district boundaries should be easily identifiable and understandable by residents. To the extent practicable, requires supervisorial districts to be bounded by natural and artificial barriers, by streets, or by the boundaries of the county.
   5. To the extent practicable, and where it does not conflict with the criteria listed above, requires supervisorial districts to be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
   6. Prohibits the county from adopting supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
5. Requires each Board of Supervisors, before adopting a final map, to hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more supervisorial districts, as specified.
6. Authorizes a county, general law city, school district, community college district, or a special district to establish an independent redistricting commission, an advisory redistricting commission, or a hybrid redistricting commission by resolution, ordinance, or charter amendment, subject to certain conditions.
7. Defines an “advisory redistricting commission” to mean a body that recommends to a legislative body placement of the district boundaries for that legislative body.
8. Defines a “hybrid redistricting commission” to mean a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law.
9. Defines an “independent redistricting commission” to mean a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.
10. Establishes a procedure for a government of a county to adopt a charter by a majority vote of its electors voting on the question. Provides, generally, greater autonomy over county affairs to counties that have adopted charters.
11. Provides that counties that have adopted charters are subject to statutes that relate to apportioning population of governing body districts.
12. Establishes a Citizens Redistricting Commission in Fresno, Kern, Los Angeles, and Riverside counties, and an Independent Redistricting Commission in San Diego County, and charges each commission with adjusting districts of supervisorial districts after each decennial federal census, as specified.

This bill:

1. Provides for the creation of the CRCSC, and tasks the CRCSC with adjusting the boundary lines of Sacramento County’s supervisorial districts in the year following the year in which the decennial federal census is taken.
   
2. Requires the CRCSC to be created no later than December 31, 2030, and in each year ending in the number zero thereafter.
3. States that the selection process is designed to produce a commission that is independent from the influence of the Sacramento County Board of Supervisors (Board) and reasonably representative of the county’s diversity.
   
4. Requires the CRCSC to consist of 14 members. Requires the political party preferences of the CRCSC members, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party in Sacramento County, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. Provides that the political party or no party preferences of the CRCSC members are not required to be exactly the same as the proportion of political party and no party preferences among the registered voters of the county. Requires at least one CRCSC member to reside in each of the five existing supervisorial districts of the Board.
   
5. Requires each CRCSC member to meet all of the following qualifications:
   
   1. Be a resident of Sacramento County.
      
   2. Be a voter who has been continuously registered in Sacramento County with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of their appointment to the CRCSC.
      
   3. Has voted in at least one of the last three statewide elections immediately preceding their application to be a member of the CRCSC.
      
   4. Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements.
      
   5. Possess experience that demonstrates an ability to be impartial.
      
   6. Possess experience that demonstrates an appreciation for the diverse demographics and geography of Sacramento County.
6. Provides that within the 10 years immediately preceding the date of application to the CRCSC, neither the applicant, nor an immediate family member of the applicant, may have done any of the following:
   
   1. Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing Sacramento County, including as a member of the Board.
      
   2. Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing Sacramento County.
      
   3. Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing Sacramento County.
      
   4. Served as an officer, employee, or paid consultant of a political party or as an appointed member of a political party central committee.
      
   5. Been a registered federal, state, or local lobbyist.
7. Permits an interested person meeting the qualifications specified above to submit an application to the county election official to be considered for membership on the CRCSC. Requires the county election official to review the applications and eliminate applicants who do not meet the specified qualifications.
8. Requires the county election official to select 60 of the most qualified applicants, taking into account the relevant requirements, and to make their names public for at least 30 days. Prohibits the county election official from communicating with a member of the Board, or an agent for a member of the Board, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants. Permits the county election official, during this period, to eliminate any of the previously selected applicants if the official becomes aware that the applicant does not meet the specified qualifications.
9. Requires the county election official to create a subpool for each of the five existing supervisorial districts in Sacramento County. Requires, at a regularly scheduled meeting of the Board, the Auditor-Controller of Sacramento County to conduct a random drawing to select one commissioner from each of the five subpools established by the county election official, and to then conduct a random drawing from all of the remaining applicants to select three additional commissioners.
10. Requires the eight selected commissioners to review the remaining names in the subpools of applicants and to appoint six additional applicants to the CRCSC. Requires the six appointees to be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the CRCSC reflects the county’s diversity, including racial, ethnic, geographic, and gender diversity, provided that formulas or specific ratios are not applied for this purpose. Requires the eight commissioners to consider political party preference, selecting applicants so that the political party preferences of the members of the CRCSC are as proportional as possible to the registered voters in the county, as detailed above.
11. Requires the CRCSC members to apply the requirements of this bill in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.
12. Provides the term of office of each member of the CRCSC expires upon the appointment of the first member of the succeeding commission.
13. Provides that nine members of the CRCSC constitute a quorum and that nine or more affirmative votes are required for any official action.
14. Prohibits the CRCSC from retaining a consultant who would not be qualified as a CRCSC applicant due to any of the disqualifying criteria described above in 6). Provides, for this purpose, that the term “consultant” means a person, whether or not compensated, retained to advise the CRCSC or a CRCSC member regarding any aspect of the redistricting process.
15. Requires each CRCSC member to be a designated employee for purposes of the conflict of interest code adopted by Sacramento County, as specified.
16. Requires the CRCSC to establish single-member supervisorial districts for the Board pursuant to a mapping process using the following criteria as set forth in the following order of priority:
    
    1. Requires districts to comply with the United States Constitution and requires each district to have a reasonably equal population with other districts for the Board, except where deviation is required to comply with the federal VRA or allowable by law.
       
    2. Requires population equality to be based on the total population of residents of the county as determined by the most recent federal decennial census for which specified redistricting data are available.
       
    3. Prohibits an incarcerated person from being counted towards the county’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the county, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance existing law, and that database is made publicly available.
       
    4. Requires districts to comply with the federal VRA.
       
    5. Requires districts to be geographically contiguous.
       
    6. Requires the geographic integrity of any city, local neighborhood, or local community of interest, as defined, to be respected in a manner that minimizes its division to the extent possible without violating the requirements above.
       
    7. Requires, to the extent practicable, and where this does not conflict with higher priority criteria detailed above, districts to be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population.
17. Prohibits the place of residence of any incumbent or political candidate from being considered in the creation of a map, and prohibits districts from being drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party.
18. Requires the CRCSC to comply with the Ralph M. Brown Act (the state’s open meetings law).
19. Requires the CRCSC, prior to drawing a draft map, to conduct at least seven public hearings, to take place over a period of no fewer than 30 days, with at least one public hearing held in each supervisorial district. Permits the CRCSC, in the event any state or local health order prohibits large gatherings, to modify the location of the hearings, including through the use of virtual hearings that use technology to permit remote viewing and participation, to the extent required to comply with public health requirements. Requires the CRCSC, if the commission modifies the location of a hearing, to provide opportunities to view and listen to proceedings by video, to listen to proceedings by phone, and to provide public comment by phone and in writing with no limitation on the number of commenters. Requires the CRCSC, to the greatest extent practicable, to provide an opportunity for in-person participation for at least one hearing in each supervisorial district. Permits methods for providing in-person participation to include, but not be limited to, setting up multiple rooms with audiovisual connections to the hearing, allowing community members to make appointments to make public comment, providing personal protective equipment, or holding hearings in outdoor spaces.
20. Requires the CRCSC, after drawing the draft maps, to do both of the following:
    
    1. Post the map for public comment on Sacramento County’s website.
       
    2. Conduct at least two public hearings to take place over a period of no fewer than 30 days.
21. Requires the CRCSC to establish and make available to the public a calendar of all public hearings and requires the hearings to be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible.
22. Requires the CRCSC to post the agenda for the public hearings at least seven days before the hearings. Requires the agenda for a meeting conducted after the CRCSC has drawn a draft map to include a copy of that map.
23. Requires the CRCSC to arrange for the live translation of a hearing held pursuant to this bill in an applicable language if a request for translation is made at least 24 hours before the hearing. Provides that an “applicable language” means a language for which the number of residents of Sacramento County who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the county.
24. Requires the CRCSC to take steps to encourage county residents to participate in the redistricting public review process. Provides that these steps may include:
    
    1. Providing information through media, social media, and public service announcements.
       
    2. Coordinating with community organizations.
       
    3. Posting information on Sacramento County’s website that explains the redistricting process and includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the CRCSC.
25. Requires the Board to take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software equivalent to what is available to the CRCSC members.
26. Requires the Board to provide for reasonable funding and staffing for the CRCSC.
27. Requires all records of the CRCSC relating to redistricting, and all data considered by the CRCSC in drawing a draft map or the final map, to be public records.
28. Requires the CRCSC to adopt a redistricting plan adjusting the boundaries of the supervisorial districts and to file the plan with the county election official by the map adoption deadline set forth in existing law for county supervisorial maps, as specified. Prohibits the CRCSC from releasing a draft map before the date set forth in existing law for county supervisorial draft maps, as specified. Provides that this plan is subject to referendum in the same manner as ordinances.
    
29. Requires the CRCSC to issue, with the final map, a report that explains the basis on which the CRCSC made its decisions in achieving compliance with the criteria described above.
    
30. Prohibits a CRCSC member, for a period of five years beginning from the date of appointment to the commission, from holding elective public office at the federal, state, county, or city level in this state.
    
31. Prohibits a CRCSC member, for a period of three years beginning from the date of appointment to the commission, from holding appointive federal, state, or local public office, serving as paid staff for, or as a paid consultant to, the Board of Equalization, the Congress, the Legislature, or any individual legislator, or registering as a federal, state, or local lobbyist in this state.
    
32. Defines “immediate family member,” for the purposes of this bill, to mean a spouse, child, in-law, parent, or sibling.
33. Defines "community of interest," for the purposes of this bill, as a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Provides that communities of interest do not include relationships with political parties, incumbents, or political candidates.
    
34. Makes findings and declarations that a special law is necessary because of the unique circumstances facing Sacramento County.

BACKGROUND

California Citizens Redistricting Commission. In 2008, voters approved Proposition 11, creating the California Citizens Redistricting Commission (CCRC), and gave it the responsibility for establishing district lines for the Assembly, Senate, and Board of Equalization. In 2010, the voters approved Proposition 20 and gave the CCRC the responsibility for establishing lines for California's districts for the United States House of Representatives, and made other changes to the procedures and criteria to be used by the CCRC. The CCRC consists of 14 registered voters, including five Democrats, five Republicans, and four others, all of whom are chosen according to procedures specified in Proposition 11.

Local Redistricting. Prior to 2017, counties and general law cities were able to create advisory redistricting commissions, but were not able to create independent commissions with the authority to establish district boundaries. Instead, the authority to establish district boundaries for a local jurisdiction was generally held by the governing body of that jurisdiction. Charter cities are able to establish independent redistricting commissions that have the authority to establish district boundaries because the California Constitution gives charter cities broad authority over the conduct of city elections and over the manner for which municipal officers are elected. As a result, a number of California charter cities established redistricting commissions to adjust city council districts following each decennial census. Counties and general law cities did not have that authority in the absence of express statutory authorization.

Legislative Authority for County Redistricting Commissions. The Legislature has created independent redistricting commissions for five counties: Fresno, Kern, Los Angeles, Riverside, and San Diego,

The Legislature also authorized (but did not require) counties and general law cities to establish redistricting commissions. SB 1108 (Allen), Chapter 784, Statutes of 2016, authorized two different types of commissions: independent commissions and advisory commissions. SB 1108 generally provided cities and counties with the discretion to determine the structure and membership of an advisory or independent redistricting commission. However, it did establish minimum qualifications for commission membership. While SB 1108 imposed few restrictions and requirements on advisory commissions, it did subject members of independent commissions to extensive eligibility requirements and post-service restrictions.

Legislative Authority for Other Local Entities. SB 1018 (Allen), Chapter 462, Statutes of 2018, extended the authority to adopt redistricting commissions to school districts, community college districts, and special districts. The bill also relaxed some of the eligibility requirements for members of independent commissions and eased one of the post-service restrictions on those members in an effort to expand the pool of individuals who are available to serve on such commissions. SB 1018 also allowed for the creation of hybrid commissions, subject to the same restrictions and requirements as independent commissions.

Political Party Preferences. If chaptered, the commission makeup will be required, as shown on the members’ most recent affidavits of registration, to be as proportional as possible to the total number of voters who are registered with each political party preference in Sacramento County, as determined by registration at the most recent statewide election. According to the October 24, 2022 Report of Registration, the Secretary of State reported the following for Sacramento County:

If no party preference is shown on a voter registration affidavit, then the county election official designates the voter’s party preference as “Unknown” and is treated as a “No Party Preference” voter. If you take these numbers into consideration and use them to calculate the potential commission party preference composition, Democrats would have 6 or 7 members, Republicans would have 3 or 4 members, No Party Preference voters would have 3 to 4 members when only using No Party Preference voters and when combining Unknown and No Party preferences, and the remaining party preferences between 0 and 1 member.

COMMENTS

1. According to the author: Electoral districts must be created fairly with equal representation as their guide. The establishment of independent redistricting commissions is a cornerstone to government ethics and transparency. By establishing an Independent Citizens Redistricting Commission in Sacramento County, we can better ensure that Sacramento County’s district lines accurately reflect the various communities represented and provide much needed transparency to the redistricting process.
2. Need for the Bill. In the materials provided to the committee by the author’s staff, in 2021, the Sacramento County Board of Supervisors drew their own district lines. They held hearings and took public comment, but ultimately made the final decision themselves as to what their own areas of representation would be.

Additionally, Sacramento County’s process left several organized groups feeling unheard. For example, one vocal constituency that repeatedly pled to remain whole was the Asian American and Pacific Islander (AAPI) community. Ultimately, the Sacramento County Board of Supervisors voted 4-1 to adopt a supervisorial district map that fractured the AAPI communities of South Sacramento County, splitting them between supervisorial districts.

1. Double Referral. If approved by this committee, SB 314 will be re-referred to the Senate Committee on Governance and Finance.

RELATED/PRIOR LEGISLATION

SB 52 (Durazo) of 2023 would require an independent redistricting commission for charter cities with a population of at least 2,500,000 people to adjust the district boundaries for the city council, as specified. SB 52 is currently pending in this committee.

AB 1248 (Bryan) of 2023 would require a county, general law city, charter city, school district, or community college district that contains over 300,000 residents to establish an independent redistricting commission to adopt district boundaries after each federal decennial census, as specified and unless certain conditions are met. This bill is currently awaiting consideration in the Assembly Committee on Elections.

AB 1307 (Cervantes), Chapter 403, Statutes of 2022, created a Citizens Redistricting Commission in Riverside County, as specified.

AB 2030 (Arambula), Chapter 407, Statutes of 2022, created a Citizens Redistricting Commission in Fresno County, as specified.

AB 2494 (Salas), Chapter 411, Statutes of 2022, created a Citizens Redistricting Commission in Kern County, as specified.

AB 849 (Bonta), Chapter 557, Statutes of 2019, revised and standardized redistricting criteria, procedures, and requirements that counties and cities must follow when they adopt or adjust the boundaries of electoral districts used to elect members of the jurisdictions’ governing bodies. AB 1276 (Bonta), Chapter 90, Statutes of 2020, made a number of technical and clarifying changes to law governing local government redistricting that were inadvertently left out of AB 849 (Bonta).

AB 1724 (Salas) of 2019 would have required general law cities and counties to establish independent redistricting commissions that are modeled after the CRC. AB 1724 was held in the Assembly Committee on Elections and Redistricting.

SB 139 (Allen) of 2019 would have required a county with a population of 400,000 or more to establish an independent redistricting commission to adopt the county supervisorial districts after each federal decennial census. SB 139 was vetoed by the Governor with the following message:

This bill requires a county with more than 400,000 residents to establish an independent redistricting commission tasked with adopting the county's supervisorial districts following each federal decennial census.

While I agree these commissions can be an important tool in preventing gerrymandering, local jurisdictions are already authorized to establish independent, advisory or hybrid redistricting commissions. Moreover, this measure constitutes a clear mandate for which the state may be required to reimburse counties pursuant to the California Constitution and should therefore be considered in the annual budget process.

SB 1018 (Allen), Chapter 462, Statutes of 2018, extended the authority to adopt redistricting commissions to school districts, community college districts, and special districts, relaxed some requirements for members of independent commissions, and allowed for hybrid commissions.

AB 801 (Weber), Chapter 711, Statutes of 2017, revised the membership of the County of San Diego’s Citizens Redistricting Commission to a 14-member commission charged with adjusting the boundary lines of the districts of the Board of Supervisors.

SB 958 (Lara), Chapter 781, Statutes of 2016, established an independent Citizens Redistricting Commission in the County of Los Angeles to adjust the boundary lines of the districts of the county’s Board of Supervisors.

SB 1108 (Allen), Chapter 784, Statutes of 2016, authorized a county or a general law city to establish a redistricting commission.

SB 1331 (Kehoe), Chapter 508, Statutes of 2012, established an Independent Redistricting Commission in the County of San Diego and stipulated, among other things, that only retired state or federal judges were eligible to serve on the commission.

POSITIONS

Sponsor: Author

Support: Queer Democrats of Sacramento

Oppose: None received

-- END --