Bill Text: CA SB594 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: redistricting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-09-27 - Chaptered by Secretary of State. Chapter 320, Statutes of 2021. [SB594 Detail]
Download: California-2021-SB594-Amended.html
An act relating to elections. An act to amend Sections 21500, 21509, 21601, 21609, 21621, and 21629 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.
MAJORITY2/3
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
shall shall, by ordinance or resolution, adopt boundaries for all of the supervisorial districts of the county so that the supervisorial districts shall be substantially equal in population as required by the United States Constitution.SECTION 1.
Bill Title: Elections: redistricting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-09-27 - Chaptered by Secretary of State. Chapter 320, Statutes of 2021. [SB594 Detail]
Download: California-2021-SB594-Amended.html
|
Amended
IN
Senate
March 04, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 594
| Introduced by Senator Glazer |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
SB 594, as amended, Glazer.
Elections: local redistricting.
Existing law requires counties, general law cities, and charter cities that elect members of their legislative bodies using district-based elections to adopt boundaries for those supervisorial or council districts following each federal decennial census, as specified. Existing law expressly authorizes a city council to adopt district boundaries by resolution or ordinance. If a legislative body does not adopt district boundaries by a specified deadline, existing law requires the legislative body, and authorizes a resident of the county or city, to petition the superior court for an order adopting boundaries. Existing law provides that the superior court’s order is immediately effective in the same manner as an enacted ordinance or resolution of the legislative body.
This bill would clarify that “adopting” district boundaries for these purposes means the passage of an ordinance or resolution specifying those boundaries. The bill would expressly authorize a county board of supervisors to adopt supervisorial district boundaries by ordinance or resolution. The bill would also clarify that a superior court’s order adopting district boundaries is immediately effective and has the same force and effect as an enacted ordinance or resolution of the legislative body.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prescribes various requirements, procedures, and limitations with respect to adjusting a legislative body’s district boundaries.
This bill would state the intent of the Legislature to enact legislation that would mitigate issues surrounding the potential delay in the release of census data and the effect of that delay on local redistricting.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21500 of the Elections Code is amended to read:21500.
(a) Following a county’s decision to elect its board using district-based elections, or following each federal decennial census for a county whose board is already elected using district-based elections, the board(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. 2.
Section 21509 of the Elections Code is amended to read:21509.
(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 and shall have the same force and effect as
an enacted resolution or ordinance of the board.
SEC. 3.
Section 21601 of the Elections Code is amended to read:21601.
(a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution.(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. 4.
Section 21609 of the Elections Code is amended to read:21609.
(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 and shall have the same force and effect as an enacted resolution or ordinance of the city council.
SEC. 5.
Section 21621 of the Elections Code is amended to read:21621.
(a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution.(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. 6.
Section 21629 of the Elections Code is amended to read:21629.
(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 and shall have the same force and effect as 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. 7.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for the changes made by this act to aid cities and counties in undertaking the redistricting process in 2021, it is necessary that this act take effect immediately.
It is the intent of the Legislature to enact legislation that would mitigate issues surrounding the potential delay in the release of data from the United States Census and the effect of that delay on local redistricting.
