BILL NUMBER: AB 278	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015
	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Member Roger Hernández
   (Principal coauthor: Assembly Member Alejo)
   (Coauthor: Senator Hueso)

                        FEBRUARY 11, 2015

   An act to amend Section 10010 of the Elections Code, and to add
Section 34885 to the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 278, as amended, Roger Hernández. District-based municipal
elections.
   Existing law provides for political subdivisions that encompass
areas of representation within the state. With respect to these
areas, public officials are generally elected by all of the voters of
the political subdivision (at-large) or from districts formed within
the political subdivision (district-based). Existing law, the
California Voting Rights Act of 2001, prohibits an at-large method of
election to be imposed or applied in a manner that impairs the
ability of a protected class to elect candidates of its choice or its
ability to influence the outcome of an election, as a result of the
dilution or the abridgment of the rights of voters who are members of
a protected class, as defined.
   Existing law authorizes the legislative body of a city to submit
to voters at any municipal or special election an ordinance providing
for the election of members of the legislative body by districts,
from districts, by districts with an elective mayor, or from
districts with an elective mayor. Under existing law, "by district"
means election of members of the legislative body by voters of the
district alone and "from district" means election of members of the
legislative body who are residents of the district from which they
are elected by the voters of the entire city. Existing law prescribes
the procedures for the electors to change from the election of these
members by district to election from districts or vice versa.
   This bill would require the legislative body of a  general law
 city with a population of 100,000 or more to adopt an
ordinance, without submitting the ordinance to the voters of the city
for approval, for the election of members of the legislative body by
district. The bill would require that the boundary lines of each
district be adjusted in accordance with specified provisions of
existing law, except as otherwise provided in this bill. The bill
would require the legislative body to hold public hearings before and
after drawing a draft map of the proposed boundaries of the
districts of the legislative body, as specified. The bill would also
require the legislative body to take certain actions to encourage
public participation in the drawing of the proposed boundaries and
would require that the proposed boundaries satisfy specified
criteria.
   By requiring certain cities to conduct elections for members of
their legislative bodies in a specified manner, this bill would
impose a state-mandated local program.
   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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10010 of the Elections Code is amended to read:

   10010.  (a) A political subdivision not subject to the provisions
of Section 34885 of the Government  Code   Code,
other than a charter city, charter county, or charter city and
county,  that changes from an at-large method of election to a
district-based election shall hold at least two public hearings on a
proposal to establish the district boundaries of the political
subdivision before a public hearing at which the governing body of
the political subdivision votes to approve or defeat the proposal.
   (b) This section applies to, but is not limited to, a proposal
that is required due to a court-imposed change from an at-large
method of election to a district-based election.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "At-large method of election" has the same meaning as set
forth in subdivision (a) of Section 14026.
   (2) "District-based election" has the same meaning as set forth in
subdivision (b) of Section 14026.
   (3) "Political subdivision" has the same meaning as set forth in
subdivision (c) of Section 14026.
  SEC. 2.  Section 34885 is added to the Government Code, to read:
   34885.  (a) (1) Notwithstanding any other law, the legislative
body of a  general law  city with a population of 100,000 or
more shall adopt an ordinance, without submitting the ordinance to
the electors of the city for approval, for the election of members of
the legislative body by district as provided in subdivision (a) or
(c) of Section 34871.
   (2) For purposes of this subdivision, the population of a city
shall be determined by the most recent federal decennial census.
   (b) Except as otherwise provided in subdivisions (c) to (f),
inclusive, the boundaries of the districts for the legislative body
shall be established and adjusted in accordance with Chapter 7
(commencing with Section 21600) of Division 21 of the Elections Code.

   (c) (1) Before drawing a draft map of the proposed boundaries of
the districts for the legislative body, the legislative body shall
hold at least four public hearings where the public has the
opportunity to provide input. The hearings shall occur over the
course of at least 30 days.
   (2) After the draft map of the proposed boundaries of the
districts for the legislative body is drawn and published, the
legislative body, before adopting the final map of the proposed
boundaries, shall hold at least two public hearings in which the
public has the opportunity to provide input. The hearings shall occur
over the course of at least 30 days.
   (3) A calendar of the hearings required by paragraphs (1) and (2)
shall be prepared and published at least seven days before the first
hearing to allow citizens to plan their attendance.
   (4) The hearings required by paragraphs (1) and (2) shall do all
of the following:
   (A) Be held in locations accessible to people with disabilities.
   (B) To the greatest extent possible, be held in numerous locations
to maximize community participation.
   (C) To the greatest extent possible, be held in locations
accessible by public transportation.
   (D) To the greatest extent possible, be held on different days of
the week and at varying times to maximize community participation.
   (5) If requested  ,  at least 24 hours before a hearing
required by paragraph (1) or (2), the legislative body shall provide
simultaneous translation of the hearing in any language that meets
the requirements of subdivision (c) of Section 14201 of the Elections
Code in a precinct in the city.
   (d) The legislative body of the city shall encourage public
participation in the drawing of the boundaries of the districts for
the legislative body by doing all of the following:
   (1) Developing an outreach and education plan, and media and
social media strategy, in partnership with community organizations
and individuals that advocate on behalf of, or provide services to,
non-English-speaking individuals and individuals with disabilities.
   (2) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least one public service announcement
using a media outlet that serves English-speaking individuals for
purposes of informing individuals of the boundary drawing process and
the upcoming hearing date.
   (3) For each hearing required by paragraph (1) or (2) of
subdivision (c), publicize at least one public service announcement
in each language that meets the requirements of subdivision (c) of
Section 14201 of the Elections Code in a precinct in the city, using
a media outlet that serves speakers of that language, for purposes of
informing individuals of the boundary-drawing process and the
upcoming hearing date.
   (4) Publish an Internet Web site that explains the
boundary-drawing process and its significance, that includes notice
of the hearings required by paragraphs (1) and (2) of subdivision
(c), and that explains how public testimony may be submitted. The
Internet Web site shall be available in each language that meets the
requirements of subdivision (c) of Section 14201 of the Elections
Code in a precinct in the city.
   (5) Provide the means for the submission of public testimony by
mail, by telephone, online, and in person at the hearings required by
paragraphs (1) and (2) of subdivision (c).
   (6) Any other outreach or publicity the legislative body
determines will encourage public participation in the drawing of the
boundaries of the districts for the legislative body.
   (e) The legislative body shall ensure all of the following
criteria are satisfied in preparing the boundaries of the districts
for the legislative body:
   (1) The boundaries are drawn to ensure fair and effective
representation of all city residents including racial, ethnic, and
language minorities.
   (2) The boundaries conform to the requirements of the United
States Constitution and all applicable federal and state laws.
   (3) The boundaries respect communities of interest.
   (4) The boundaries have substantially equal populations as
determined by the most recent federal decennial census.
   (5) The boundaries are geographically compact and contiguous.
   (6) The boundaries are drawn without regard to the advantage or
disadvantage of incumbents, challengers, or any political party.
   (f) (1) Communications between any party and the legislative body
regarding the drawing of the boundaries of the districts for the
legislative body shall be disclosed to the public and maintained by
the city in a publicly available log.
   (2)  Communications related to the dissemination of the procedural
information about the drawing of the boundaries of the districts for
the legislative body, including, but not limited to, communications
regarding the time and place of meetings or how to submit public
testimony, are exempt from paragraph (1). 
   (g) This section does not apply to a charter city or charter city
and county. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.