BILL NUMBER: AB 278	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 11, 2015

   An act to add Section 34885 to the Government Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 278, as introduced, 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 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. This
bill would require that the boundary lines of each district be
adjusted in accordance with specified provisions of law.
   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 34885 is added to the Government Code, to read:

   34885.  (a) (1) Notwithstanding any other law, the legislative
body of a 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) 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.
  SEC. 2.  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.