Bill Text: CA AB1752 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Redistricting: incumbent designation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 887, Statutes of 2014. [AB1752 Detail]

Download: California-2013-AB1752-Introduced.html

---

BILL NUMBER: AB 1752	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 14, 2014

   An act to amend Section 13108 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1752, as introduced, Fong. Redistricting: incumbent
designation.
   Existing law, as added by constitutional initiative, requires the
Citizens Redistricting Commission, in the year following the year in
which the federal decennial census is taken, to adjust the boundary
lines of the congressional, State Senate, Assembly, and Board of
Equalization districts. Existing law specifies which candidate for
the office of Representative in Congress, State Senator, Member of
the Assembly, or Member of the Board of Equalization shall be deemed
the incumbent of the district for purposes of the first election
following decennial redistricting.
   This bill would change the order of which candidate shall be
deemed the incumbent at the first election following decennial
redistricting. This bill would also make a conforming change to
reflect the redistricting process.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 13108 of the Elections Code is amended to read:

   13108.  (a) At the first elections for Representative in Congress,
State Senator,  Assemblyman   Member of the
Assembly,  and  Members   Member  of
the Board of Equalization in each congressional, senatorial,
Assembly, and Board of Equalization district following 
reapportionment acts of the Legislature redefining the boundaries
  the adjustment of the boundary lines  of the
congressional, senatorial, Assembly, and Board of Equalization
districts  by the Citizens Redistricting Commission 
pursuant to Section 6 of Article IV, Section 17 of Article XIII, and
Section 1 of Article XXI, of the California Constitution, that
candidate who shall be deemed the incumbent in a given district for
purposes of the election shall be that candidate who is running for
the same office  which   that  he or she
then holds, and who is running for reelection in a district that has
the identical boundaries and number as the district from which he or
she was last elected.
   (b) In the event there is no candidate to whom subdivision (a)
applies, the incumbent shall be that candidate who is running for the
same office  which   that  he or she then
holds, and who is running for reelection in a district that has the
identical boundaries as the district from which he or she was last
elected, but  which   that  has a different
number. 
   (c) In the event there is no candidate to whom subdivision (a) or
(b) apply, the incumbent shall be that candidate who is running for
the same office which he or she then holds, and who is running for
reelection in a district that has the identical number as the
district from which he or she was last elected. However, a candidate
for the office of Member of the Assembly shall be considered the
incumbent in this case only if the district bearing the same number
is located in the same county as the district which previously bore
that number.  
   (d) 
    (c)  In the event there is no candidate to whom
subdivision  (a), (b), or (c)   (a) or (b) 
apply, the incumbent shall be that candidate who is running for the
same office that he or she then holds, and who is running for
reelection in a district that contains some portion of the territory
previously contained within the district from which he or she was
last elected. However, in a new district that contains portions of
the territory of more than one former district, the incumbent shall
be that candidate the greater portion of the territory of whose
former district is included within the new district. 
   (d) In the event there is no candidate to whom subdivision (a),
(b), or (c) apply, the incumbent shall be that candidate who is
running for the same office that he or she then holds, and who is
running for reelection in a district that has the identical number as
the district from which he or she was last elected. However, a
candidate for the office of Member of the Assembly shall be
considered the incumbent in this case only if the district bearing
the same number is located in the same county as the district that
previously bore that number. 
   (e) If there is no candidate in a given district to which any of
the above provisions apply, the incumbent shall be  any
  the  person who is a candidate for the same
office that he or she then holds who fulfills the 
residential   residency  requirements of law for
candidacy within the district.