23006.
(a) The following definitions apply to this section:(1) “Board” means the board of supervisors of a county.
(2) “County” means either of the following:
(A) A county that is not required to establish and independent redistricting commission pursuant to subdivision (c) of Section 23001, but which elects to create a commission using the procedures established in this section.
(B) A county that is required to establish an independent redistricting commission pursuant to subdivision (c) of Section 23001, and which elects to use the procedures established
in this section to establish the commission.
(3) “County elections official” means a county’s registrar of voters.
(4) “Screening panel” means a county’s civil grand jury, as described in Title 4 (commencing with Section 888) of Part 2 of the Penal Code.
(b) (1) This section establishes a county independent redistricting commission that shall comply with Section 23003.
(2) The commission shall consist of nine members, three of whom are registered with the largest political party in the county based on registration, three of whom are registered with the second-largest political party in the county based on registration, and three who are not registered with either of the two largest political parties in the county based on
registration. County political party registration shall be based on voter registration at the most recent statewide election. Commissioners shall be appointed on or before March 1, 2021, and on or before March 1 in each year ending in number 1 thereafter.
(c) A commission member shall engage in conduct that is impartial and that reinforces public confidence in the integrity of the redistricting process.
(d) The commission selection process described in this section is designed to produce a commission that is independent from the influence of the board and reasonably representative of the county’s diversity.
(e) (1) Each member of a commission established pursuant to this section shall meet the requirements of subdivisions (b), (c), and (d) of Section 23003 and shall be a voter who has been
continuously registered with the same political party preference or with no political party preference either during the five years immediately preceding the date of the member’s appointment to the commission or since the member registered to vote for the first time, whichever is shorter.
(2) Each commissioner shall also possess all of the following:
(A) The competency to carry out the responsibilities of the commission.
(B) The ability to serve with impartiality in a nonpartisan role.
(C) An appreciation for the diverse demographics and geography of the county.
(f) (1) The county shall recruit eligible residents to apply to serve on the commission. The county shall
request the assistance of neighborhood associations, community groups, civic organizations, and civil rights organizations to encourage eligible residents to apply to serve on the commission.
(2) An interested person meeting the qualifications specified in subdivision (e) may submit an application to the county to be considered for membership on the commission. The application period shall be open for at least two months. If fewer than five people apply from each existing supervisorial district or fewer than 40 people apply in total, the county shall reopen the application period for a minimum of two weeks.
(3) The county elections official shall review applications for membership on the commission and eliminate applicants who do not meet the criteria specified in paragraph (1) of subdivision (e). The county elections official may rely on an applicant’s certification that, to the
best of the applicant’s knowledge, the applicant meets those criteria. During the application period the county shall maintain and periodically update a public list with the name, relevant demographic characteristics, and party affiliation of each qualifying applicant and shall review any allegations that an applicant on that list is ineligible to serve on the commission pursuant to paragraph (1) of subdivision (e). If those allegations are substantiated the county elections official shall remove the applicant from consideration.
(g) (1) After the conclusion of the application process described in subdivision (f), members of the commission shall be selected pursuant to the following process:
(A) The county shall organize the eligible applications and transmit them, as well as any written public comment received concerning any applicant or the screening
process, to the screening panel. The county shall also provide the screening panel with relevant demographic and party registration figures for the county. The county shall provide additional administrative support to the screening panel upon request.
(B) Notwithstanding Section 915 of the Penal Code, at one or more noticed public hearings, and after receiving comment, the screening panel shall review the applications. The screening panel may ask questions of an applicant at a public meeting or request that the applicant answer written questions. The screening panel shall nominate for membership on the commission no fewer than 30 and no more than 40 of the most qualified applicants, based on the criteria specified in subdivision (e). The screening panel shall nominate at least three applicants from each supervisorial district. The political party preferences of the pool of nominees, as shown on the nominees’ most recent affidavits of
registration, shall be approximately evenly divided between applicants who are registered with the largest political party in the county, the second largest political party in the county, and neither of the two largest political parties in the county.
(C) The county elections official shall review the applications of the applicants nominated pursuant to subparagraph (B) and remove from consideration any applicant who does not meet the eligibility criteria specified in paragraph (1) of subdivision (e). If the pool of remaining nominees has fewer than 30 applicants, the screening panel shall nominate additional applicants so that the pool has at least 30 applicants. The county shall then divide the remaining nominees into five subpools corresponding to each of the five supervisorial districts in the county.
(D) At a noticed public meeting the county elections official shall randomly
select one nominee from each of the five subpools described in subparagraph (C). Those five nominees shall be appointed to the commission unless, if those nominees were appointed, it would be impossible to create a commission with members whose political party preferences would comply with subdivision (b). In that event the county elections official shall repeat the random selection as necessary until the composition of the political preferences of the selected nominees would make it possible to create a commission that complies with subdivision (b).
(E) The commissioners selected pursuant to subparagraph (D) shall review the remaining applicants in the subpools described in subparagraph (C) and shall appoint, by majority vote, four additional applicants to the commission. The four appointees shall be chosen based on the factors described in paragraph (2) of subdivision (e), and to ensure that the commission reflects the county’s diversity,
including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The commissioners selected pursuant to subparagraph (D) shall also consider political party preference and select applicants so that the composition of the political party preferences of the members of the commission comply with subdivision (b).
(F) The commission may, by majority vote, appoint an applicant from the pool of nominees described in subdivision (B) to fill a vacancy that may occur on the commission, provided that the appointed applicant is registered with the same political party preference as the departed commissioner.
(2) A member of the board, or an agent for a member of the board, shall not communicate with either the screening panel or a member of the screening panel regarding whom to nominate for consideration on the commission,
or with the commissioners selected pursuant to subparagraph (D) of paragraph (1) of subdivision (g) regarding whom to appoint to the commission, except at a public hearing or by submitting a written public comment through a formal process.
(h) (1) The term of office of each member of the commission expires upon the appointment of the first member of a successor commission.
(2) Five members of the commission shall constitute a quorum. Five or more affirmative votes of the commission are required to take an official action, except the adoption of a final map shall also require the affirmative vote of one commissioner who is registered with the largest political party in the county, one commissioner who is registered with the second largest political party in the county, and one commissioner who is not registered with either of the two largest political parties
in the county.
(i) (1) The commission shall conduct at least five public hearings, with at least one public hearing held in each supervisorial district, before adopting a final map. The commission shall schedule hearings at various times and on various days of the week to accommodate a variety of work schedules and to reach the largest possible audience.
(2) Notwithstanding Section 54954.2 of the Government Code, the commission shall give notice of any public hearing on the county’s internet website at least seven days before the hearing.
(3) The commission shall publish a draft map on the internet for at least seven days before adopting it.
(4) (A) The commission shall provide a live translation of a hearing
held pursuant to this section in an applicable language if a request for translation is made at least 72 hours before the hearing.
(B) For purposes of this paragraph, “applicable language” means a 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).
(j) The county and the commission shall take steps to encourage county residents to participate in the redistricting public review process. These steps may include the following:
(1) Providing information through media, social media, and public service announcements.
(2) Providing information through neighborhood associations, community groups, civic organizations, and civil rights organizations.
(3) Posting information on the county’s internet website that explains the redistricting process and the procedures for testifying during a hearing or submitting written testimony directly to the commission.
(k) The board shall provide for reasonable funding and staffing of the commission.
(l) With any final map that the commission adopts, the commission shall issue a report that explains the basis on which it made its decisions.
(m) (1) If the commission does not adopt supervisorial district boundaries by the deadline for completing county redistricting, the board shall immediately petition the superior court of the county for an order adopting supervisorial district boundaries. The petition shall include a copy of the two
complete draft maps which received the most commissioner votes.
(2) Upon finding that petition filed pursuant to paragraph (1) is valid, the superior court shall adopt supervisorial district boundaries, which shall be used in the county’s next regular election. The superior court shall consider adopting one of the two draft maps filed with the petition, but may adopt different boundaries that better comply with the criteria established in Section 21500. 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.
(3) The superior court may appoint a special master or other experts to assist the court with adopting the supervisorial district boundaries. The county shall pay the cost for any special master or expert.
(4) The superior court or the special master shall hold one or more public hearings before the superior court adopts the supervisorial district boundaries.
(5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the commission had adopted the boundaries.