Bill Text: CA AB764 | 2023-2024 | Regular Session | Amended
Bill Title: Local redistricting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-10-07 - Chaptered by Secretary of State - Chapter 343, Statutes of 2023. [AB764 Detail]
Download: California-2023-AB764-Amended.html
|
Amended
IN
Assembly
March 23, 2023 |
| Introduced by Assembly Member Bryan |
February 13, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act, establishes criteria and procedures by which cities and counties adjust or adopt council and supervisorial district area boundaries, as applicable, for the purpose of electing members of the governing body of each of those local jurisdictions.
This bill would state the intent of the Legislature to enact legislation to amend the FAIR MAPS Act to ensure the integrity, fairness, transparency, and accessibility of the local redistricting process, and to promote fair and effective representation for all people, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35 of the Code of Civil Procedure, as amended by Section 1 of Chapter 745 of the Statutes of 2022, is amended to read:35.
(a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests,SEC. 2.
Section 35 of the Code of Civil Procedure, as amended by Section 2 of Chapter 745 of the Statutes of 2022, is amended to read:35.
(a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures,SEC. 3.
Section 1002 of the Education Code is amended to read:1002.
(a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the(1)Topography.
(2)Geography.
(3)Cohesiveness, contiguity, integrity, and compactness of territory.
(4)Community of interests of the trustee areas.
In any event, the county committee shall ensure that trustee areas are as nearly equal in population as practicable.
(b)Following each decennial federal census, and using population figures validated by the Demographic Research Unit of the Department of Finance as a basis, the county committee shall adjust the boundaries of any or all of the trustee areas of the county board of education as necessary to meet the population criteria set forth in subdivision (a).
(d)In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the county committees on school district organization shall fix the boundaries of trustee areas, insofar as possible, to coincide with the boundaries of school districts.
(e)
SEC. 4.
Section 1005 of the Education Code is repealed.The boundaries of any trustee area shall not at any time be changed so as to affect the term of office of any member of the county board of education who has been elected and whose term of office has not expired.
SEC. 5.
Section 1005 is added to the Education Code, to read:1005.
(a) Notwithstanding subdivision (a) of Section 1000, the term of office of any member of a county board of education who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the area from which the member was elected and that member shall continue to represent the constituents residing in the area boundaries from which the member was elected for the duration of that term of office. This section does not prevent a board from assigning a trustee or county office of education official to provide constituent services to residents of an area that is temporarily not represented by a trustee due to redistricting.SEC. 6.
Section 5019 of the Education Code is amended to read:5019.
(a) (1) In any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to seven from five, or decrease from seven to five, the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030.SEC. 7.
Section 5019.5 of the Education Code is amended to read:5019.5.
(a) Following each decennial federal census,(1)The population of each area is, as nearly as may be, the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board.
(2)The population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas.
(b)The boundaries of the trustee areas shall be adjusted by the governing board of each school district or community college district, in accordance with subdivision (a), before the first day of March of the year following the year in which the results of each decennial census are released. If the governing board fails to adjust the boundaries before the first day of March of the year following the year in which the results of each decennial census are released, the county committee on school district organization shall do so before the 30th day of April of the same year.
The governing board of the school district or community college district shall reimburse
all reasonable costs incurred by a county committee in adjusting the boundaries pursuant to this subdivision.
SEC. 8.
Section 5019.7 of the Education Code is repealed.Section 5019.5 shall not apply to multiple campus community college districts with campuses in more than one county.
SEC. 9.
Section 5020 of the Education Code is amended to read:5020.
(a) (1) The resolution of the county committee approving a proposal to establish or abolish trustee areas, to adopt one of the alternative methods of electing governing board members specified in Section 5030, or to increase or decrease the number of members of the governing board shall constitute an order of election, and the proposal shall be presented to the electors of the district not later than the next succeeding election for members of the governing board.SEC. 10.
Section 5021 of the Education Code is amended to read:5021.
(a) If a proposal for the establishment of trustee areas formulated under Sections 5019 and 5020 is approved by a majority of the voters voting at the election, or by the county committee on school district organization when no election is required, any affected incumbent board member shall serve out the board member’s term of office and succeeding board members shall be nominated and elected in accordance with Section 5030. If two or more trustee areas are established at an election that are not represented in the membership of the governing board of the schoolSEC. 11.
Section 5023 of the Education Code is amended to read:5023.
(a) Whenever an elementary, highSEC. 12.
Section 5027 of the Education Code is amended to read:5027.
SEC. 13.
Section 5028 of the Education Code is amended to read:5028.
In every community college districtSEC. 14.
Chapter 2 (commencing with Section 21100) is added to Division 21 of the Elections Code, to read:CHAPTER 2. Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023
21100.
(a) This chapter shall be known and may be cited as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023.21110.
For purposes of this chapter, the following terms have the following meanings:21120.
This chapter applies to a county, county office of education, general law city, charter city, school district, community college district, or special district whose legislative body is elected by districts or from districts.21130.
(a) Following or concurrent with the decision to establish district-based elections for a legislative body, or following each federal decennial census for a legislative body that is already elected using district-based elections, the districting body shall, by ordinance or resolution, adopt boundaries for all of the election districts of the legislative body so that the election districts shall be substantially equal in population as required by the United States Constitution.21140.
(a) For redistricting occurring in 2031 and thereafter, the boundaries of the election districts shall be adopted by the districting body not later than 204 days before the local jurisdiction’s next regular election occurring after January 1 in each year ending in the number two.21150.
(a) Before a districting body adopts new election district boundaries, including when a local jurisdiction redistricts following the federal decennial census or between federal decennial censuses, but not including when a legislative body transitions from being elected at-large to elected by districts or from districts, the local jurisdiction shall hold at least one workshop and the districting body shall hold public hearings, as specified by this section, at which the public is invited to provide input regarding the composition of one or more neighborhoods, communities of interest, or election districts.21160.
(a) The local jurisdiction shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting process.21170.
(a) No later than December 15, 2030, and no later than December 15 in each year ending in the number zero thereafter, the Secretary of State shall publish in a conspicuous location on the Secretary of State’s internet website all of the following documents:21180.
(a) If the districting body does not adopt election district boundaries by the deadlines set forth in subdivision (a) of Section 21140 or adopted pursuant to subdivision (c) of Section 21140, as applicable, the districting body shall immediately petition a superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body does not petition the superior court within five days after the deadline, any interested person may file that petition and shall be entitled to recover reasonable attorney’s fees and costs from the local jurisdiction for doing so.21190.
(a) Any interested person may bring an action in the superior court of the county where a violation of this chapter is alleged to have occurred or is threatened to occur.SEC. 15.
Section 21500 of the Elections Code is amended to read:21500.
(1)Population equality shall 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 described in Public Law 94-171 are available.
(2)Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a 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 with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(b)The board shall adopt supervisorial district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c)The board shall adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
(1)To the extent practicable, supervisorial districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2)To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single supervisorial district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3)To the extent practicable, the geographic integrity of a city or census designated place shall 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, supervisorial districts shall 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 preceding criteria in this subdivision, supervisorial districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d)The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
(e)For purposes of this chapter, “adopt” or “adoption” in regard to supervisorial district boundaries means the passage of an ordinance or resolution specifying those boundaries.
SEC. 16.
Section 21500.1 of the Elections Code is amended to read:21500.1.
(b)This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 17.
Section 21501 of the Elections Code is repealed.(a)(1)For redistricting occurring in 2031 and thereafter, the boundaries of the supervisorial districts shall be adopted by the board not later than 205 days before the county’s next regular election occurring after January 1 in each year ending in the number two.
(2)For redistricting occurring before 2031 and where a county has a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the supervisorial districts shall be adopted by the board not later than 174 days before that election. Notwithstanding subdivision (b) of Section 8106, the forms required under that subdivision shall not be made available until at least 28 days after the adoption of a final map. The elections official shall reduce the required number of signatures for the in-lieu-filing-fee petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures.
(3)For redistricting occurring before 2031 and where a county does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the supervisorial districts shall be adopted by the board not later than 205 days before the county’s next regular election occurring on or after July 1, 2022.
(b)This section does not apply when a county transitions from at-large to district-based elections.
SEC. 18.
Section 21503 of the Elections Code is amended to read:21503.
(a) After redistricting orSEC. 19.
Section 21506 of the Elections Code is amended to read:21506.
(a) The term of office of any supervisor who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the supervisor wasSEC. 20.
Section 21507 of the Elections Code is repealed.Before adopting the boundaries of a district pursuant to Section 21501 or 21503, or for any other reason, the board shall hold public hearings on the proposal in accordance with Section 21507.1. This section does not apply when a county transitions from at-large to district-based elections.
SEC. 21.
Section 21507.1 of the Elections Code is repealed.(a)Before adopting a final map, the board shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more supervisorial districts.
(1)At least one public hearing shall be held before the board draws a draft map or maps of the proposed supervisorial district boundaries.
(2)At least two public hearings shall be held after the board has drawn a draft map or maps of the proposed supervisorial district boundaries.
(b)At least one public hearing or public workshop shall be
held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday through Friday.
(c)Public hearing buildings shall be accessible to persons with
disabilities.
(d)If a public hearing is consolidated with a regular or special meeting of the board that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the board may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public.
(e)The board may have county staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a).
(f)The board may establish an advisory redistricting commission pursuant to Section 23002 to hold
the public hearings required by paragraph (1) of subdivision (a).
SEC. 22.
Section 21508 of the Elections Code is repealed.(a)The board shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1)Providing information to media organizations that provide county news coverage, including media organizations that serve language minority communities.
(2)Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the county, including those active in language minority communities, and those that have requested to be notified concerning county redistricting.
(b)The board shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this chapter if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c)Notwithstanding Section 54954.2 of the Government Code, the board shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop. However, if there are fewer than 28 days until the deadline to adopt
boundaries, the board may publish the agenda on the internet for at least three days before the hearing or workshop.
(d)(1)A draft map shall be published on the internet for at least seven days before being adopted as a final map by the board provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days.
(2)Each draft map prepared by a member of the board or by employees or contractors of the county shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed supervisorial district, to the extent the county has that data.
(3)(A)The board and employees or contractors of the county shall not release draft maps of supervisorial districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before the earliest date that draft maps of supervisorial districts may be released.
(B)If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, then the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e)The board shall allow the public to submit testimony or draft maps in writing and electronically.
(f)The county shall either record or prepare a written summary of each public comment and board deliberation made at every public hearing or workshop held pursuant to this article. The county shall make the recording or written summary available to the public within two weeks after the public hearing or workshop.
(g)The board shall establish, and maintain for at least 10 years after the adoption of new supervisorial
district boundaries, an internet web page dedicated to redistricting. The web page may be hosted on the county’s existing internet website or another internet website maintained by the county. The web page shall include, or link to, all of the following information:
(1)A general explanation of the redistricting process for the county, in English and applicable languages.
(2)The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the board, in English and applicable languages.
(3)A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c).
(4)The notice and agenda for each public hearing and workshop.
(5)The recording or written summary of each public hearing and workshop.
(6)Each draft map considered by the board at a public hearing.
(7)The adopted final map of supervisorial district boundaries.
(h)For purposes of this section, “applicable language” means any language in which ballots are required to be provided in the county pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(i)This section does not apply when a
county transitions from at-large to district-based elections.
(j)Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the county redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503). The template shall be published in a conspicuous location on the Secretary of State’s internet website.
SEC. 23.
Section 21509 of the Elections Code is repealed.(a)If the board does not adopt supervisorial district boundaries by the deadlines set forth in Section 21501, the board shall immediately petition the superior court of the county for an order adopting supervisorial district boundaries. If the board does not petition the superior court within five days after the deadline, any resident of the county may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the county for doing so.
(b)(1)Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt supervisorial district boundaries in accordance with
the criteria set forth in Section 21500, which shall be used in the county’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new supervisorial district boundaries in the next regular election.
(2)The superior court may appoint a special master to assist the court with adopting the supervisorial district boundaries. The county shall pay the cost for the special master and associated costs.
(3)The superior court or the special master shall hold one or more public hearings before the superior court adopts the supervisorial district boundaries.
(4)Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the county in producing and using whatever data, computer models and programs, and technical assistance that was made available to the board and county personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the county of a request for county funding for the necessary expenses of the special master and the special master’s staff.
(5)The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the board.
SEC. 24.
Section 21534 of the Elections Code is amended to read:21534.
(a) The commission shall 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:SEC. 25.
Section 21544 of the Elections Code is amended to read:21544.
(a) The commission shall 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:SEC. 26.
Section 21552 of the Elections Code is amended to read:21552.
(a) The commission shall 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:SEC. 27.
Section 21564 of the Elections Code is amended to read:21564.
(a) The commission shall 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:SEC. 28.
Section 21574 of the Elections Code is amended to read:21574.
(a) The commission shall 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:SEC. 29.
Section 21600 of the Elections Code is amended to read:21600.
(b)This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 30.
Section 21601 of the Elections Code is amended to read:21601.
(1)Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2)Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, 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 with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(b)The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c)The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1)To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2)To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3)Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4)To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d)The council shall not adopt council district boundaries for the purpose of favoring or
discriminating against a political party.
(e) For purposes of this article, “adopt” or “adoption” in regard to council district boundaries means the passage of an ordinance or resolution specifying those boundaries.
SEC. 31.
Section 21602 of the Elections Code is repealed.(a)(1)For redistricting occurring in 2031 and thereafter, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring after January 1 in each year ending in the number two.
(2)For redistricting occurring before 2031 and where a city has a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 174 days before that election.
(3)For redistricting occurring before 2031 and where a city does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring on or after July 1, 2022.
(b)This section does not apply when a city transitions from at-large to district-based elections.
SEC. 32.
Section 21603 of the Elections Code is amended to read:21603.
(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.SEC. 33.
Section 21605 of the Elections Code is amended to read:21605.
(a) After redistricting orSEC. 34.
Section 21606 of the Elections Code is amended to read:21606.
(a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member wasSEC. 35.
Section 21607 of the Elections Code is repealed.Before adopting the boundaries of a council district pursuant to Section 21601 or 21603, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21607.1. This section does not apply when a city transitions from at-large to district-based elections.
SEC. 36.
Section 21607.1 of the Elections Code is repealed.(a)Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.
(1)At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2)At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
(b)At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after
6 p.m. on a weekday Monday through Friday.
(c)Public hearing buildings shall be accessible to persons with
disabilities.
(d)If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public.
(e)The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a).
(f)The council may establish an advisory redistricting commission pursuant to Section
23002 to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 37.
Section 21608 of the Elections Code is repealed.(a)The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1)Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2)Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that have requested to be notified concerning city redistricting.
(b)The council shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this article if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c)Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop. However, if there are fewer than 28 days until the deadline to adopt boundaries, the council may publish the
agenda on the internet for at least three days before the hearing or workshop.
(d)(1)A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days.
(2)Each draft map prepared by a member of the council or by employees or contractors of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(3)(A)The council and employees or contractors of the city shall not release draft maps of council districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before the earliest date that draft maps of council districts may be released.
(B)If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e)The council shall allow the public to submit testimony or draft maps in writing and electronically.
(f)The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or written summary available to the public within two weeks after the public hearing or workshop.
(g)The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting.
The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1)A general explanation of the redistricting process for the city in English and applicable languages.
(2)The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language.
(3)A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c).
(4)The notice and agenda for each public hearing and workshop.
(5)The recording or written summary of each public hearing and workshop.
(6)Each draft map considered by the council at a public hearing.
(7)The adopted final map of council district boundaries.
(h)For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall
post the applicable languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
(i)This section does not apply when a city transitions from at-large to district-based elections.
(j)Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 38.
Section 21609 of the Elections Code is repealed.(a)If the council does not adopt council district boundaries by the deadlines set forth in Section 21602, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b)(1)Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the
criteria set forth in Section 21601, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election.
(2)The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs.
(3)The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
(4)Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff.
(5)The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.
SEC. 39.
Section 21620 of the Elections Code is amended to read:21620.
(b)This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
SEC. 40.
Section 21621 of the Elections Code is amended to read:21621.
(1)Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2)Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the city, 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 with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(b)The council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
(c)The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
(1)To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2)To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3)Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
(4)To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d)The council shall not adopt council district boundaries for the purpose of favoring or
discriminating against a political party.
(e)Subdivision (c) does not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria in its city charter. For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more traditional criteria for redistricting other than the requirement that districts be equal in population.
(f)For purposes of this article, “adopt” or “adoption” in regard to council district boundaries means the passage of an ordinance or resolution specifying those boundaries.
SEC. 41.
Section 21622 of the Elections Code is repealed.(a)(1)For redistricting occurring in 2031 and thereafter, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring after January 1 in each year ending in the number two.
(2)For redistricting occurring before 2031 and where a city has a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 174 days before that election. For cities that charge candidates a filing fee, notwithstanding subdivision (b) of Section 8106, the forms required under that subdivision shall not be made available until at least 28 days after the adoption of a final map. The elections official shall reduce the required number of signatures for the in-lieu-filing-fee petition, as specified in subdivision (a) of Section 8106, by the same proportion as the reduction in time for the candidate to collect signatures.
(3)For redistricting occurring before 2031 and where a city does not have a regular election occurring after January 1, 2022 and before July 1, 2022, the boundaries of the council districts shall be adopted by the council not later than 205 days before the city’s next regular election occurring on or after July 1, 2022.
(b)This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter.
(c)This section does not apply when a city transitions from at-large to district-based elections.
SEC. 42.
Section 21623 of the Elections Code is amended to read:21623.
(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.SEC. 43.
Section 21625 of the Elections Code is amended to read:21625.
(a) After redistricting orSEC. 44.
Section 21626 of the Elections Code is amended to read:21626.
(a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member wasSEC. 45.
Section 21627 of the Elections Code is repealed.Before adopting the boundaries of a council district pursuant to Section 21621 or 21623, or for any other reason, the council shall hold public hearings on the proposal in accordance with Section 21627.1. This section does not apply when a city transitions from at-large to district-based elections.
SEC. 46.
Section 21627.1 of the Elections Code is repealed.(a)Before adopting a final map, the council shall hold at least four public hearings at which the public is invited to provide input regarding the composition of one or more council districts.
(1)At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
(2)At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
(b)At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a
weekday Monday through Friday.
(c)Public hearing buildings shall be accessible to persons with disabilities.
(d)If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The time of the public hearing shall be noticed to the public.
(e)The council may have city staff or a consultant conduct one or more public workshops in lieu of holding one of the public hearings required by paragraph (1) of subdivision (a).
(f)The council may establish an advisory redistricting commission to hold the public hearings required by paragraph (1) of subdivision (a).
SEC. 47.
Section 21628 of the Elections Code is repealed.(a)The council shall take steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting public review process. These steps shall include a good faith effort to do all of the following:
(1)Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
(2)Providing information through good government, civil rights, civic engagement, and community groups or organizations that are active in the city, including those active in language minority communities, and those that have requested to be notified concerning city redistricting.
(b)The council shall arrange for the live translation in an applicable language of a public hearing or workshop held pursuant to this article if a request for translation is made at least 72 hours before the hearing or workshop, unless less than five days’ notice are provided for the hearing or workshop, in which case the request shall be made at least 48 hours before the hearing or workshop.
(c)Notwithstanding Section 54954.2 of the Government Code, the council shall publish the date, time, and location for any public hearing or workshop on the internet at least five days before the hearing or workshop. However, if there are fewer than 28 days until the deadline to adopt boundaries, the council may publish the
agenda on the internet for at least three days before the hearing or workshop.
(d)(1)A draft map shall be published on the internet for at least seven days before being adopted as a final map by the council provided that, if there are fewer than 28 days until the deadline to adopt boundaries, the draft map may instead be published on the internet for at least three days.
(2)Each draft map prepared by a member of the council or by employees or contractors of the city shall be accompanied by information on the total population, citizen voting age population, and racial and ethnic characteristics of the citizen voting age population of each proposed council district, to the extent the city has that data.
(3)(A)The council and employees or contractors of the city shall not release draft maps of council districts earlier than three weeks after the block-level redistricting database required by subdivision (b) of Section 8253 of the Government Code is first made publicly available. This subparagraph does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before the earliest date that draft maps of council districts may be released.
(B)If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 90 days and more than 59 days, then the waiting period required by subparagraph (A) is reduced to one week. If the period of time between the date that the redistricting database is made publicly available and the map adoption deadline is fewer than 60 days, then the waiting period required by subparagraph (A) is waived.
(e)The council shall allow the public to submit testimony or draft maps in writing and electronically.
(f)The city shall either record or prepare a written summary of each public comment and council deliberation made at every public hearing or workshop held pursuant to this article. The city shall make the recording or written summary available to the public within two weeks after the public hearing or workshop.
(g)The council shall establish, and maintain for at least 10 years after the adoption of new council district boundaries, an internet web page dedicated to redistricting.
The web page may be hosted on the city’s existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
(1)A general explanation of the redistricting process for the city in English and applicable languages.
(2)The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the council in English and any applicable language.
(3)A calendar of all public hearing and workshop dates. A calendar listing that includes the time and location of the public hearing or workshop satisfies the notice required by subdivision (c).
(4)The notice and agenda for each public hearing and workshop.
(5)The recording or written summary of each public hearing and workshop.
(6)Each draft map considered by the council at a public hearing.
(7)The adopted final map of council district boundaries.
(h)For purposes of this section, “applicable language” means any language that is spoken by a group of city residents with limited English proficiency who constitute 3 percent or more of the city’s total population over four years of age for whom language can be determined. Before January 1, 2021, and before January 1 in every year ending in the number one thereafter, the Secretary of State shall post the applicable
languages for each city in a conspicuous location on the Secretary of State’s internet website. To determine the applicable languages for each city, in 2020 and in each year ending in the number zero thereafter, the Secretary of State, in consultation with the Statewide Database, shall request a special tabulation from the United States Bureau of the Census of the most recent data on limited English proficiency from the bureau’s American Community Survey that satisfies this subdivision. If the bureau is unable to produce that data, the Secretary of State shall base the Secretary of State’s determination on the table from the American Community Survey enumerating the number of residents with limited English proficiency that has the largest number of languages included, that is publicly available, and that was produced within the previous ten years.
(i)This section does not apply when a city transitions from at-large to district-based elections.
(j)Before January 1, 2021, and before January in each year ending in the number one thereafter, the Secretary of State shall publish on the internet a template explaining the city redistricting process that meets the requirements of paragraphs (1) and (2), inclusive, of subdivision (g). The Secretary of State shall publish the template in all of the languages into which ballots are required to be translated in the state pursuant to subdivision (h). The template shall be published in the same conspicuous location on the Secretary of State’s internet website that is described in subdivision (h).
SEC. 48.
Section 21629 of the Elections Code is repealed.(a)If the council does not adopt council district boundaries by the deadlines set forth in Section 21622, the council shall immediately petition the superior court in the county in which the city is located for an order adopting council district boundaries. If the council does not petition the superior court within five days after the deadline, any resident of the city may file that petition and shall be entitled to recover the resident’s reasonable attorney’s fees and costs from the city for doing so.
(b)(1)Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the
criteria set forth in Section 21621, which shall be used in the city’s next regular election. The superior court may also order the adjustment of electoral deadlines as necessary to implement the new council district boundaries in the next regular election.
(2)The superior court may appoint a special master to assist the court with adopting the council district boundaries. The city shall pay the cost for the special master and associated costs.
(3)The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
(4)Subject to the approval of the superior court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. In addition, the special master may seek the full cooperation of the city in producing and using whatever data, computer models and programs, and technical assistance that was made available to the council and city personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The superior court may assist the special master in securing the necessary personnel and the physical facilities required for their work, and to prepare for the prompt submission to the city of a request for city funding for the necessary expenses of the special master and the special master’s staff.
(5)The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.
(c)This section does not apply to a charter city that has adopted in its city charter a different method for adopting city council district boundaries when a redistricting deadline is missed.
SEC. 49.
Section 21630 of the Elections Code is amended to read:21630.
If a council assigns the responsibility to recommend or to adopt new district boundaries to a hybrid or independent redistricting commission as defined in Section 23000, the charter city remains subject to the redistricting deadlines, requirements, and restrictions that apply to the council under thisSEC. 50.
Section 22000 of the Elections Code is amended to read:(a)Each district required by its authorizing act to adjust division boundaries pursuant to this section shall, by resolution, after each federal decennial census, and using that census as a basis, adjust the boundaries of any divisions so that the divisions are, as far as practicable, equal in population and in compliance with Section 10301 of Title 52 of the United States Code, as amended, to the extent
those provisions
apply. In adjusting the boundaries of the divisions, the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the division. This section does not apply to divisions in which only landowners vote for directors or whose directors are all
elected at large or appointed.22000.
(a) Following a special district’s decision to elect its board of directors using district-based elections, or following each federal decennial census for a special district whose board of directors is already elected using district-based elections, the board of directors shall, by resolution, adopt boundaries for all of the divisions of the special district pursuant to Chapter 2 (commencing with Section 21100).
SEC. 51.
Section 22001 of the Elections Code is repealed.Before adjusting the boundaries of a division pursuant to Section 22000 or for any other reason, the governing body of the district shall hold at least one public hearing on the proposal to adjust the boundaries of
the division prior to the public hearing at which the governing body votes to approve or defeat the proposal.
SEC. 52.
Section 22001 is added to the Elections Code, to read:22001.
This chapter and Chapter 2 (commencing with Section 21100) do not apply to special districts in which only landowners vote for directors or whose directors are all elected at large or appointed.SEC. 53.
Section 22002 of the Elections Code is repealed.For purposes of this chapter, the date of adoption of a resolution adjusting division boundaries is the date of passage of the resolution by the board.
SEC. 54.
Section 23002 of the Elections Code is amended to read:23002.
(a) This section applies to advisory redistricting commissions.SEC. 55.
Section 23003 of the Elections Code is amended to read:23003.
(a) This section applies to hybrid redistricting commissions and independent redistricting commissions.SEC. 56.
Section 34874 of the Government Code is amended to read:34874.
(a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered voters until the ordinance has been submitted to the planning commission of the city or, in absence of a planning commission, to the legislative body of said city for an examination as to the definiteness and certainty of the boundaries of the legislative districts proposed.SEC. 57.
Section 34877.5 of the Government Code is amended to read:34877.5.
(a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body shall comply with the requirements and criteria of SectionSEC. 58.
Section 34884 of the Government Code is amended to read:34884.
(a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply:SEC. 59.
Section 34886 of the Government Code is amended to read:34886.
Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of SectionSEC. 60.
Section 57301 of the Government Code is amended to read:57301.
If at any time between each decennial federal census, a city annexes or detaches territory or consolidates with another city, the city council of the city annexing or detaching the territory or the city council of the successor city,If, upon reexamination, the city council finds that the population of any council districts have varied so that the districts no longer meet the criteria specified in Section 21601 of the Elections Code, the city council shall, within 60 days after the census is taken, or population estimate received, by ordinance or resolution, adjust the boundaries of any or all of the council districts of the city so that the districts are as nearly equal in population as may be possible.
SEC. 61.
The district boundary criteria specified in this act apply to election district boundaries that are adopted or readopted on or after January 1, 2024. Election district boundaries adopted before January 1, 2024, shall comply with the applicable district boundary criteria in effect at the time of their adoption.SEC. 62.
The Legislature finds and declares that, as to cities and counties, many of the provisions of Chapter 2 (commencing with 21100) of Division 21 of the Elections Code, as added by this act, do not constitute a change in, but are declaratory of, existing law, and that a court should not draw a contrary inference based on the language of this act in resolving an action brought under the prior rules for city and county redistricting.SEC. 63.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 64.
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.It is the intent of the Legislature to enact legislation amending the Fair And Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act for the purposes of ensuring the integrity, fairness, transparency, and accessibility of the local redistricting process, and to promote fair and effective representation for all people, neighborhoods, and communities.
