Bill Text: CA SB52 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Redistricting: large charter cities.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB52 Detail]
Download: California-2023-SB52-Amended.html
Article
3.
As used in this article, the following terms have the following meanings:21701. 21702.
(a) A commission member shall apply this article in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.
(a) The commission shall establish single-member districts for the city council pursuant to a mapping process using the following criteria as set forth in the following order of priority:
A commission member shall be ineligible for a period of five years beginning from the date of appointment to hold elective public office at the federal, state, county, or city level in this state. A commission member shall be ineligible for a period of three years beginning from the date of appointment to hold appointive federal, state, or local public office, to serve as paid staff for, or as a paid consultant to, the Board of Equalization, Congress, the Legislature, or any individual legislator, or to register as a federal, state or local lobbyist in this state. the Los Angeles City Council. a charter city with a population of at least 2,500,000 people.
Bill Title: Redistricting: large charter cities.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB52 Detail]
Download: California-2023-SB52-Amended.html
|
Amended
IN
Senate
February 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 52
| Introduced by Senator Durazo (Principal coauthor: Assembly Member Wendy Carrillo) (Coauthors: Senators Caballero, Gonzalez, and Menjivar) (Coauthors: Assembly Members Mike Fong, Friedman, Jones-Sawyer, Reyes, Santiago, Schiavo, and Zbur) |
December 05, 2022 |
An act to add Article 3 (commencing with Section 21700) to Chapter 7 of Division 21 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 52, as amended, Durazo.
City of Los Angeles Citizens Redistricting Commission. Redistricting: large charter cities.
Existing law requires the city council for a charter city that elects its city council using district-based elections, such as the City of Los Angeles, elections to adopt new city council district boundaries following each federal decennial census. Existing law requires the city council to adopt the new boundaries using specified criteria, and by a specified deadline, unless the charter city has adopted different redistricting criteria or a different deadline by ordinance or in its city charter.
This bill would establish the City of Los Angeles Citizens Redistricting Commission to adjust the district boundaries for the Los Angeles City Council. The commission would consist of 24 members who meet specified qualifications.
require a charter city with a population of at least 2,500,000 people to establish a citizens redistricting commission to adjust the district boundaries for the city council. The bill would require the commission to adjust the boundaries of the city council districts in accordance with specified criteria and adopt a redistricting plan following each federal decennial census in accordance with specified deadlines. By increasing the duties on local officials, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles. charter
cities with a population of at least 2,500,000 people.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 3 (commencing with Section 21700) is added to Chapter 7 of Division 21 of the Elections Code, to read:
Article
3. City of Los Angeles Citizens Redistricting Commission Citizens Redistricting Commissions in Large Charter Cities
21700.
The Legislature finds and declares all of the following:(a) It is in the best interest of the State of California that redistricting for elected officials’ districts is done in a transparent and unbiased manner that best accounts for the diversity and best interests of the state’s population.
(b) With the passing of Proposition 11 in 2008, California has experienced the continued adoption of independent redistricting commissions to establish elected officials’ districts for federal and state elected offices.
(c) The adoption of independent redistricting commissions in California has been in response to an increased need by the public to
ensure that ongoing redistricting processes for elected officials’ districts is done without the influence of bias or individual interests and upholds the best interests of the community and the critical standards of the federal Voting Rights Act of 1965.
(d) Due to recent developments, the state has taken an increased interest in seeing the adoption of more independent redistricting commissions for local redistricting, including for cities with a large population.
(e) The state’s interest in ensuring that cities with a large population adopt an independent redistricting process is principally based on how these local entities serve as immediate stewards for the well-being and prosperity of the communities they represent.
(f) Moreover, cities serve as an agent of the state, overseeing the distribution of public
resources to finance critical public services such as housing, homelessness prevention, and utility relief.
(g) In addition, among the most crucial aspects for why the adoption of an independent redistricting commission is necessary is that it contributes significantly to how a city can sustain a longstanding level of trust among the elected officials and the communities that they represent, which not only applies to the redistricting process, but carries over into the entirety of the roles and responsibilities that the city government carries out for its constituency.
(h) For cities of a certain population, the magnitude of responsibility to uphold the community well-being, effectively oversee the distribution of resources, and sustain general public trust is elevated to a high degree.
(i) Recent developments and
revelations regarding the redistricting process for the Los Angeles City Council serve as example of the aforementioned issues. The people of the City of Los Angeles have lost confidence in the existing redistricting process overseen by the Los Angeles City Council, which has had continuous, serious, reverberating impacts on the ability of the city council to serve the community at large.
(j) The situation with the Los Angeles City Council presents a clear need for an independent redistricting process to be adopted for cities with a large population for the reasons described in this section.
21700.21701.
As used in this article, the following terms have the following meanings:(a) “City council” means the Los Angeles City Council. city council of a city required to establish a citizens redistricting commission pursuant to Section 21702.
(b) “Commission” means the Citizens Redistricting Commission in the City of Los Angeles
a citizens redistricting commission established pursuant to Section 21701. 21702.
(c) “Immediate family member” means a spouse, child, in-law, parent, or sibling.
There is, in the City of Los Angeles, a Citizens Redistricting Commission.
21702.
(a) A charter city with a population of at least 2,500,000 people, which has a city charter that does not establish an independent redistricting commission responsible for adopting boundaries for all of the council districts of the city, shall establish a citizens redistricting commission pursuant to this article.(b) A commission established pursuant to subdivision (a) shall adopt boundaries for the city council districts pursuant to this article until the charter city amends its city charter to establish an independent redistricting commission.
(a)The selection process is designed to produce a commission
that is independent from the influence of the city council and reasonably representative of the city’s diversity.
21703.
(a) The commission shall be created no later than December 31 in each year ending in the number zero.(b) The selection process is designed to produce a commission that is independent from the influence of the city council and reasonably representative of the city’s diversity.(b)The commission shall consist of 24 members.
(c) The total number of members on the commission shall be nine more than the total number of city council districts.
The political party preferences of the commission members, as shown on the members’ most recent affidavits of registration, shall be as proportional as possible to the total number of voters who are registered with each political party in the City of Los Angeles, city, or who decline to state or do not indicate a party preference, as determined by registration at the most recent statewide election. However, the political party preferences of the commission members are not required to be exactly the same as the proportion of political party preferences among the registered voters of the city. At least one commission member shall reside in each of the 15
existing city council districts.
(c)
(d) Each commission member shall meet all of the following qualifications:
(1) Be a resident of the City of Los Angeles. city.
(2) Be a voter who has been continuously registered in the City of Los Angeles
city with the same political party or unaffiliated with a political party and who has not changed political party affiliation for five or more years immediately preceding the date of the person’s appointment to the commission.
(3) Have voted in at least one of the last three statewide elections immediately preceding the person’s application to be a member of the commission.
(4) Within the 10 years immediately preceding the date of application to the commission, neither the applicant, nor an immediate family member of the applicant, has done any of the following:
(A) Been appointed to, elected to, or have been a candidate for office at the local, state, or federal level representing the City of Los Angeles,
city, including as a member of the city council.
(B) Served as an employee of, or paid consultant for, an elected representative at the local, state, or federal level representing the City of Los Angeles. city.
(C) Served as an employee of, or paid consultant for, a candidate for office at the local, state, or federal level representing the City of Los Angeles. city.
(D) Served as an officer,
employee, or paid consultant of a political party or as an appointed member of a political party central committee.
(E) Been a registered state or local lobbyist.
(5) Possess experience that demonstrates analytical skills relevant to the redistricting process and voting rights, and possess an ability to comprehend and apply the applicable state and federal legal requirements.
(6) Possess experience that demonstrates an ability to be impartial.
(7) Possess experience that demonstrates an appreciation for the diverse demographics and geography of the City of Los Angeles.
city.
(d)
(e) An interested person meeting the qualifications specified in subdivision (c) (d) may submit an application to the city elections official to be considered for membership on the commission. The city elections official shall review the applications and eliminate applicants who do not meet the specified qualifications.
(e)
(f) (1) From the pool of qualified applicants, the city elections official shall select 60 of the most qualified applicants, taking into account the requirements described in subdivision (b). (c). The city elections official shall make public the names of the 60 most qualified applicants for at least 30 days. The city elections official shall not communicate with a member of the city council, or an agent for a member of the city council, about any matter related to the nomination process or applicants before the publication of the list of the 60 most qualified applicants.
(2) During the period described in paragraph (1), the city elections official may eliminate any of the previously selected applicants if the city elections official becomes aware that the applicant does not meet the qualifications specified in subdivision (c). (d).
(f)
(g) (1) After complying with the requirements of subdivision (e),
(f), the city elections official shall create a subpool for each of the 15 city council districts.
(2) (A) At a regularly scheduled meeting of the city council, the Los Angeles City Controller city controller shall conduct a random drawing to select one commissioner from each of the 15 subpools established by the city elections official.
(B) After completing the random drawing pursuant to subparagraph (A), at the same meeting of the board, the Los Angeles City Controller
city controller shall conduct a random drawing from all of the remaining applicants, without respect to subpools, to select six additional commissioners.
(g)
(h) (1) The 21 commissioners selected pursuant to subdivision (f)
(g) shall review the remaining names in the subpools of applicants and shall appoint three additional applicants to the commission.
(2) The three appointees shall be chosen based on relevant experience, analytical skills, and ability to be impartial, and to ensure that the commission reflects the city’s diversity, including racial, ethnic, geographic, and gender diversity. However, formulas or specific ratios shall not be applied for this purpose. The 21 commissioners shall also consider political party preference, selecting applicants so that the political party preference of the members of the commission complies with subdivision (b).
(c).
21703.21704.
(a) A commission member shall apply this article in a manner that is impartial and that reinforces public confidence in the integrity of the redistricting process.(b) The term of office of each member of the commission expires upon the appointment of the first member of the succeeding commission.
(c) Thirteen More than
half of the members of the commission shall constitute a quorum. Thirteen or more affirmative votes shall be required for any official action. Any official action shall require affirmative votes by more than half of the members of the commission.
(d) (1) The commission shall not retain a consultant who would not be qualified as an applicant pursuant to paragraph (4) of subdivision (c) (d) of Section 21702.
21703.
(2) For purposes of this subdivision, “consultant” means a person, whether or not compensated, retained to advise the commission or a commission member regarding any aspect of the redistricting process.
(e) Each commission member shall be a designated employee for purposes of the conflict of interest code adopted by the City of Los Angeles city pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code.
21704.21705.
(a) The commission shall establish single-member districts for the city council pursuant to a mapping process using the following criteria as set forth in the following order of priority:(1) Districts shall comply with the United States Constitution and each district shall have a reasonably equal population with other districts of the city council, except where deviation is required to comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or allowable by law.
(2) Districts shall comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(3) Districts shall be geographically contiguous.
(4) The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division to the extent possible without violating the requirements of paragraphs (1) to (3), inclusive. A community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with paragraphs (1) to (4), inclusive,
districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant areas of population.
(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for purposes of favoring or discriminating against an incumbent, political candidate, or political party.
(c) (1) The commission shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(2) Before the commission draws a map, the commission shall conduct at least seven public hearings, to take place over a period of no fewer than 30 days.
(3) After the
commission draws a draft map, the commission shall do both of the following:
(A) Post the map for public comment on the city’s internet website of the City of Los Angeles. website.
(B) Conduct at least two public hearings to take place over a period of no fewer than 30 days.
(4) (A) The commission shall establish and make available to the public a calendar of all public hearings described in paragraphs (2) and (3). Hearings shall be scheduled at various times and days of the week to accommodate a
variety of work schedules and to reach as large an audience as possible.
(B) Notwithstanding Section 54954.2 of the Government Code, the commission shall post the agenda for the public hearings described in paragraphs (2) and (3) at least seven days before the hearings. The agenda for a meeting required by paragraph (3) shall include a copy of the draft map.
(5) (A) The commission shall arrange for the live translation of a hearing held pursuant to this article in an applicable language if a request for translation is made at least 24 hours before the hearing.
(B) For purposes of this paragraph, an “applicable language” means a language for which the number of residents of the City of Los Angeles
city who are members of a language minority is greater than or equal to 3 percent of the total voting age residents of the city.
(6) The commission shall take steps to encourage city residents to participate in the redistricting public review process. These steps may include:
(A) Providing information through media, social media, and public service announcements.
(B) Coordinating with community organizations.
(C) Posting information on the city’s internet website of the City of Los Angeles that explains the redistricting process and
includes a notice of each public hearing and the procedures for testifying during a hearing or submitting written testimony directly to the commission.
(7) The city council shall take all steps necessary to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide to the public ready access to redistricting data and computer software equivalent to what is available to the commission members.
(8) The city council shall provide for reasonable funding and staffing for the commission.
(9) All records of the commission relating to redistricting, and all data considered by the commission in drawing a draft map or the final map, are public records.
(d) (1) The
commission shall adopt a redistricting plan adjusting the boundaries of the city council districts and shall file the plan with the city elections official before August 15 of the year following the year in which each decennial federal census is taken.
(2) The plan shall be effective 30 days after it is filed with the city elections official.
(3) The plan shall be subject to referendum in the same manner as ordinances.
(4) The commission shall issue, with the final map, a report that explains the basis on which the commission made its decisions in achieving compliance with the criteria described in subdivisions (a) and (b).
