BILL NUMBER: AB 2715	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to add Section 14028.5 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2715, 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 a district-based method
of election for the election of members of the legislative body.
   This bill would require a district-based election to be imposed
for the election of the members of the governing body of a city with
a population of 100,000 or more, as determined by the most recent
federal decennial census. This bill would authorize a city to
petition the superior court for an order permitting the city to
impose an at-large method of election for the members of the
governing body. This bill would permit the court to grant the order
if it determines that imposing an at-large method of election would
not violate the California Voting Rights Act of 2001. This bill would
provide that a voter may file an action against a city that has been
granted an order permitting the city to impose an at-large method of
election alleging that the city violated the act.
   By requiring 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.
   This bill would specify that its provisions become operative on
July 1, 2015.
   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 14028.5 is added to the Elections Code, to
read:
   14028.5.  (a) Notwithstanding any other provision of law, except
as provided in subdivision (b), in a city with a population of
100,000 or more, as determined by the most recent federal decennial
census, a district-based election shall be imposed for the election
of the members of the governing body of the city.
   (b) A city described in subdivision (a) may petition the superior
court of the county in which the city is located for an order
permitting the city to impose an at-large method of election for the
members of the governing body of the city. The court may grant the
petition if it finds that imposing an at-large method of election
would not violate Sections 14027 and 14028.
   (c) A voter may file an action under Section 14032 against a city
that has been granted an order permitting the city to impose an
at-large method of election pursuant to subdivision (b) alleging a
violation of Sections 14027 and 14028.
  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.
  SEC. 3.  This act shall become operative on July 1, 2015.