California 2017 2017-2018 Regular Session

California Assembly Bill AB901 Amended / Bill

Filed 03/15/2017

                    Amended IN  Assembly  March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 901Introduced by Assembly Member GloriaFebruary 16, 2017 An act to amend Section 21550 of the Elections Code add Section 25001 to the Government Code, relating to local elections. LEGISLATIVE COUNSEL'S DIGESTAB 901, as amended, Gloria. San Diego County Independent Redistricting Commission. County of San Diego: local elections.Existing law authorizes the amendment of a county charter by proposals submitted by the governing body or by a petition signed by 10% of the qualified electors of the county, as specified. Existing law also provides that a candidate for a nonpartisan office at a primary election who receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office.This bill would, notwithstanding any other law, authorize the board of supervisors of the County of San Diego to amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election would be required to appear on the ballot as candidates for the office of supervisor at the ensuing general election.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.Existing law establishes an Independent Redistricting Commission in San Diego County and requires the commission to adjust the supervisorial district boundaries in that county after each decennial federal census, as specified, by adopting a redistricting plan making those adjustments. Existing law requires the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in October of the year following the year in which each decennial federal census is taken.This bill would instead require the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in September of the year following the year in which each decennial federal census is taken.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25001 is added to the Government Code, to read:25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique issues facing the County of San Diego due to its size and the complexity of its government.SECTION 1.Section 21550 of the Elections Code is amended to read:21550.(a)As used in this section, the following terms have the following meanings:(1)Board means the Board of Supervisors of the County of San Diego.(2)Clerk means the clerk of the Board of Supervisors of the County of San Diego.(3)Commission means the Independent Redistricting Commission established by subdivision (b).(b)(1)There is, in the County of San Diego, an Independent Redistricting Commission.(2)The commission shall be comprised of five members and two alternates who shall each meet the following qualifications:(A)Be a resident of the County of San Diego.(B)Be a registered voter of the County of San Diego.(C)Be a former or retired state or federal judge.(D)Not be a current member of the board.(3)Any interested person meeting the qualifications specified in paragraph (2) may submit his or her name to the clerk to be included in a random drawing. The clerk shall conduct a random drawing at a regularly scheduled meeting of the board to select the members of the commission.(4)The presiding judge of the Superior Court of the County of San Diego may assist the clerk in identifying former or retired judges that may be qualified to be included in the drawing.(c)(1)The commission shall adjust the supervisorial district boundaries after each decennial federal census in accordance with this subdivision.(2)The commission shall adjust the boundaries of the supervisorial district of the county so that the districts are equal, or nearly equal in population. The commission may adjust some or all of the supervisorial district boundaries to accomplish this goal.(3)The resulting supervisorial districts shall comply with any applicable provisions of Section 10301 of Title 52 of the United States Code, as amended.(4)The commission may consider all of the following factors in establishing the boundaries of the supervisorial districts:(A)Topography.(B)Geography.(C)Cohesiveness, contiguity, integrity, and compactness of territory.(D)Community of interests in each district.(5)The commission shall use federal census tracts and blocks in establishing the boundaries of supervisorial districts.(d)The board shall provide for reasonable staffing and logistical support for the commission.(e)The commission shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and shall conduct at least seven public hearings with at least one public hearing held in each supervisorial district.(f)(1)The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts, as specified in subdivision (c), and shall file the plan with the clerk before the first day of September 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 clerk.(3)The plan shall be subject to referendum in the same manner as ordinances.

 Amended IN  Assembly  March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 901Introduced by Assembly Member GloriaFebruary 16, 2017 An act to amend Section 21550 of the Elections Code add Section 25001 to the Government Code, relating to local elections. LEGISLATIVE COUNSEL'S DIGESTAB 901, as amended, Gloria. San Diego County Independent Redistricting Commission. County of San Diego: local elections.Existing law authorizes the amendment of a county charter by proposals submitted by the governing body or by a petition signed by 10% of the qualified electors of the county, as specified. Existing law also provides that a candidate for a nonpartisan office at a primary election who receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office.This bill would, notwithstanding any other law, authorize the board of supervisors of the County of San Diego to amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election would be required to appear on the ballot as candidates for the office of supervisor at the ensuing general election.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.Existing law establishes an Independent Redistricting Commission in San Diego County and requires the commission to adjust the supervisorial district boundaries in that county after each decennial federal census, as specified, by adopting a redistricting plan making those adjustments. Existing law requires the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in October of the year following the year in which each decennial federal census is taken.This bill would instead require the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in September of the year following the year in which each decennial federal census is taken.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  March 15, 2017

Amended IN  Assembly  March 15, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 901

Introduced by Assembly Member GloriaFebruary 16, 2017

Introduced by Assembly Member Gloria
February 16, 2017

 An act to amend Section 21550 of the Elections Code add Section 25001 to the Government Code, relating to local elections. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 901, as amended, Gloria. San Diego County Independent Redistricting Commission. County of San Diego: local elections.

Existing law authorizes the amendment of a county charter by proposals submitted by the governing body or by a petition signed by 10% of the qualified electors of the county, as specified. Existing law also provides that a candidate for a nonpartisan office at a primary election who receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office.This bill would, notwithstanding any other law, authorize the board of supervisors of the County of San Diego to amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election would be required to appear on the ballot as candidates for the office of supervisor at the ensuing general election.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.Existing law establishes an Independent Redistricting Commission in San Diego County and requires the commission to adjust the supervisorial district boundaries in that county after each decennial federal census, as specified, by adopting a redistricting plan making those adjustments. Existing law requires the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in October of the year following the year in which each decennial federal census is taken.This bill would instead require the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in September of the year following the year in which each decennial federal census is taken.

Existing law authorizes the amendment of a county charter by proposals submitted by the governing body or by a petition signed by 10% of the qualified electors of the county, as specified. Existing law also provides that a candidate for a nonpartisan office at a primary election who receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office.

This bill would, notwithstanding any other law, authorize the board of supervisors of the County of San Diego to amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election would be required to appear on the ballot as candidates for the office of supervisor at the ensuing general election.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

Existing law establishes an Independent Redistricting Commission in San Diego County and requires the commission to adjust the supervisorial district boundaries in that county after each decennial federal census, as specified, by adopting a redistricting plan making those adjustments. Existing law requires the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in October of the year following the year in which each decennial federal census is taken.



This bill would instead require the commission to file the adopted redistricting plan with the clerk of the San Diego County Board of Supervisors before the first day in September of the year following the year in which each decennial federal census is taken.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25001 is added to the Government Code, to read:25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique issues facing the County of San Diego due to its size and the complexity of its government.SECTION 1.Section 21550 of the Elections Code is amended to read:21550.(a)As used in this section, the following terms have the following meanings:(1)Board means the Board of Supervisors of the County of San Diego.(2)Clerk means the clerk of the Board of Supervisors of the County of San Diego.(3)Commission means the Independent Redistricting Commission established by subdivision (b).(b)(1)There is, in the County of San Diego, an Independent Redistricting Commission.(2)The commission shall be comprised of five members and two alternates who shall each meet the following qualifications:(A)Be a resident of the County of San Diego.(B)Be a registered voter of the County of San Diego.(C)Be a former or retired state or federal judge.(D)Not be a current member of the board.(3)Any interested person meeting the qualifications specified in paragraph (2) may submit his or her name to the clerk to be included in a random drawing. The clerk shall conduct a random drawing at a regularly scheduled meeting of the board to select the members of the commission.(4)The presiding judge of the Superior Court of the County of San Diego may assist the clerk in identifying former or retired judges that may be qualified to be included in the drawing.(c)(1)The commission shall adjust the supervisorial district boundaries after each decennial federal census in accordance with this subdivision.(2)The commission shall adjust the boundaries of the supervisorial district of the county so that the districts are equal, or nearly equal in population. The commission may adjust some or all of the supervisorial district boundaries to accomplish this goal.(3)The resulting supervisorial districts shall comply with any applicable provisions of Section 10301 of Title 52 of the United States Code, as amended.(4)The commission may consider all of the following factors in establishing the boundaries of the supervisorial districts:(A)Topography.(B)Geography.(C)Cohesiveness, contiguity, integrity, and compactness of territory.(D)Community of interests in each district.(5)The commission shall use federal census tracts and blocks in establishing the boundaries of supervisorial districts.(d)The board shall provide for reasonable staffing and logistical support for the commission.(e)The commission shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and shall conduct at least seven public hearings with at least one public hearing held in each supervisorial district.(f)(1)The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts, as specified in subdivision (c), and shall file the plan with the clerk before the first day of September 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 clerk.(3)The plan shall be subject to referendum in the same manner as ordinances.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 25001 is added to the Government Code, to read:25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.

SECTION 1. Section 25001 is added to the Government Code, to read:

### SECTION 1.

25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.

25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.

25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.



25001. Notwithstanding any other provision of law, the board of supervisors of the County of San Diego may amend the countys charter to require that candidates for the office of county board of supervisor be elected at the general election. Only the candidates who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for the office of supervisor at the ensuing general election. In the event there are two or less candidates for office, the names of the candidates shall not appear on the primary election ballot and the candidate for the office of county supervisor with the highest number of votes cast shall be elected at the general election.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique issues facing the County of San Diego due to its size and the complexity of its government.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique issues facing the County of San Diego due to its size and the complexity of its government.

SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique issues facing the County of San Diego due to its size and the complexity of its government.

### SEC. 2.





(a)As used in this section, the following terms have the following meanings:



(1)Board means the Board of Supervisors of the County of San Diego.



(2)Clerk means the clerk of the Board of Supervisors of the County of San Diego.



(3)Commission means the Independent Redistricting Commission established by subdivision (b).



(b)(1)There is, in the County of San Diego, an Independent Redistricting Commission.



(2)The commission shall be comprised of five members and two alternates who shall each meet the following qualifications:



(A)Be a resident of the County of San Diego.



(B)Be a registered voter of the County of San Diego.



(C)Be a former or retired state or federal judge.



(D)Not be a current member of the board.



(3)Any interested person meeting the qualifications specified in paragraph (2) may submit his or her name to the clerk to be included in a random drawing. The clerk shall conduct a random drawing at a regularly scheduled meeting of the board to select the members of the commission.



(4)The presiding judge of the Superior Court of the County of San Diego may assist the clerk in identifying former or retired judges that may be qualified to be included in the drawing.



(c)(1)The commission shall adjust the supervisorial district boundaries after each decennial federal census in accordance with this subdivision.



(2)The commission shall adjust the boundaries of the supervisorial district of the county so that the districts are equal, or nearly equal in population. The commission may adjust some or all of the supervisorial district boundaries to accomplish this goal.



(3)The resulting supervisorial districts shall comply with any applicable provisions of Section 10301 of Title 52 of the United States Code, as amended.



(4)The commission may consider all of the following factors in establishing the boundaries of the supervisorial districts:



(A)Topography.



(B)Geography.



(C)Cohesiveness, contiguity, integrity, and compactness of territory.



(D)Community of interests in each district.



(5)The commission shall use federal census tracts and blocks in establishing the boundaries of supervisorial districts.



(d)The board shall provide for reasonable staffing and logistical support for the commission.



(e)The commission shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and shall conduct at least seven public hearings with at least one public hearing held in each supervisorial district.



(f)(1)The commission shall adopt a redistricting plan adjusting the boundaries of the supervisorial districts, as specified in subdivision (c), and shall file the plan with the clerk before the first day of September 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 clerk.



(3)The plan shall be subject to referendum in the same manner as ordinances.