California 2019-2020 Regular Session

California Assembly Bill AB849 Compare Versions

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1-Assembly Bill No. 849 CHAPTER 557 An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 849, Bonta. Elections: city and county redistricting.Existing law establishes criteria and procedures pursuant to 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 revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.SEC. 2. Section 21500 of the Elections Code is amended to read:21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.SEC. 3. Section 21500.1 is added to the Elections Code, to read:21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 4. Section 21501 of the Elections Code is amended to read:21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.SEC. 5. Section 21502 of the Elections Code is repealed.SEC. 6. Section 21503 of the Elections Code is repealed.SEC. 7. Section 21503 is added to the Elections Code, to read:21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.SEC. 8. Section 21504 of the Elections Code is repealed.SEC. 9. 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.SEC. 10. Section 21507 of the Elections Code is amended to read:21507. Before adjusting 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. 11. Section 21507.1 is added to the Elections Code, to read:21507.1. (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. 12. Section 21508 is added to the Elections Code, to read:21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.SEC. 13. Section 21509 is added to the Elections Code, 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.SEC. 14. Section 21600 of the Elections Code is amended to read:21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 15. Section 21601 of the Elections Code is amended to read:21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.SEC. 16. Section 21602 of the Elections Code is repealed.SEC. 17. Section 21602 is added to the Elections Code, to read:21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.SEC. 18. Section 21603 of the Elections Code is repealed.SEC. 19. Section 21603 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.SEC. 20. Section 21604 of the Elections Code is repealed.SEC. 21. Section 21605 is added to the Elections Code, to read:21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.SEC. 22. 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 23. Section 21607 of the Elections Code is amended to read:21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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. 24. Section 21607.1 is added to the Elections Code, to read:21607.1. (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. 25. Section 21608 is added to the Elections Code, to read:21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 26. Section 21609 is added to the Elections Code, to read:21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.SEC. 27. Section 21620 of the Elections Code is repealed.SEC. 28. Section 21620 is added to the Elections Code, to read:21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 29. Section 21621 of the Elections Code is repealed.SEC. 30. Section 21621 is added to the Elections Code, to read:21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.SEC. 31. Section 21622 is added to the Elections Code, to read:21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter. SEC. 32. Section 21623 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.SEC. 33. Section 21625 is added to the Elections Code, to read:21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.SEC. 34. Section 21626 is added to the Elections Code, 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 35. Section 21627 is added to the Elections Code, to read:21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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. 36. Section 21627.1 is added to the Elections Code, to read:21627.1. (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 21628 is added to the Elections Code, to read:21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 38. Section 21629 is added to the Elections Code, to read:21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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. 39. 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.SEC. 40. 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.SEC. 41. 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.SEC. 42. 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.SEC. 44. 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.
1+Enrolled September 13, 2019 Passed IN Senate September 09, 2019 Passed IN Assembly September 10, 2019 Amended IN Senate September 04, 2019 Amended IN Senate August 30, 2019 Amended IN Senate July 03, 2019 Amended IN Assembly May 17, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 849Introduced by Assembly Member Bonta(Coauthors: Assembly Members Gonzalez and Mullin)(Coauthor: Senator Hertzberg)February 20, 2019 An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 849, Bonta. Elections: city and county redistricting.Existing law establishes criteria and procedures pursuant to 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 revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.SEC. 2. Section 21500 of the Elections Code is amended to read:21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.SEC. 3. Section 21500.1 is added to the Elections Code, to read:21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 4. Section 21501 of the Elections Code is amended to read:21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.SEC. 5. Section 21502 of the Elections Code is repealed.SEC. 6. Section 21503 of the Elections Code is repealed.SEC. 7. Section 21503 is added to the Elections Code, to read:21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.SEC. 8. Section 21504 of the Elections Code is repealed.SEC. 9. 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.SEC. 10. Section 21507 of the Elections Code is amended to read:21507. Before adjusting 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. 11. Section 21507.1 is added to the Elections Code, to read:21507.1. (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. 12. Section 21508 is added to the Elections Code, to read:21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.SEC. 13. Section 21509 is added to the Elections Code, 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.SEC. 14. Section 21600 of the Elections Code is amended to read:21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 15. Section 21601 of the Elections Code is amended to read:21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.SEC. 16. Section 21602 of the Elections Code is repealed.SEC. 17. Section 21602 is added to the Elections Code, to read:21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.SEC. 18. Section 21603 of the Elections Code is repealed.SEC. 19. Section 21603 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.SEC. 20. Section 21604 of the Elections Code is repealed.SEC. 21. Section 21605 is added to the Elections Code, to read:21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.SEC. 22. 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 23. Section 21607 of the Elections Code is amended to read:21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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. 24. Section 21607.1 is added to the Elections Code, to read:21607.1. (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. 25. Section 21608 is added to the Elections Code, to read:21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 26. Section 21609 is added to the Elections Code, to read:21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.SEC. 27. Section 21620 of the Elections Code is repealed.SEC. 28. Section 21620 is added to the Elections Code, to read:21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 29. Section 21621 of the Elections Code is repealed.SEC. 30. Section 21621 is added to the Elections Code, to read:21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.SEC. 31. Section 21622 is added to the Elections Code, to read:21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter. SEC. 32. Section 21623 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.SEC. 33. Section 21625 is added to the Elections Code, to read:21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.SEC. 34. Section 21626 is added to the Elections Code, 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 35. Section 21627 is added to the Elections Code, to read:21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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. 36. Section 21627.1 is added to the Elections Code, to read:21627.1. (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 21628 is added to the Elections Code, to read:21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 38. Section 21629 is added to the Elections Code, to read:21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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. 39. 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.SEC. 40. 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.SEC. 41. 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.SEC. 42. 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.SEC. 44. 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.
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3- Assembly Bill No. 849 CHAPTER 557 An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections. [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ] LEGISLATIVE COUNSEL'S DIGESTAB 849, Bonta. Elections: city and county redistricting.Existing law establishes criteria and procedures pursuant to 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 revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.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: YES
3+ Enrolled September 13, 2019 Passed IN Senate September 09, 2019 Passed IN Assembly September 10, 2019 Amended IN Senate September 04, 2019 Amended IN Senate August 30, 2019 Amended IN Senate July 03, 2019 Amended IN Assembly May 17, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 849Introduced by Assembly Member Bonta(Coauthors: Assembly Members Gonzalez and Mullin)(Coauthor: Senator Hertzberg)February 20, 2019 An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 849, Bonta. Elections: city and county redistricting.Existing law establishes criteria and procedures pursuant to 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 revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.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: YES
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5- Assembly Bill No. 849 CHAPTER 557
5+ Enrolled September 13, 2019 Passed IN Senate September 09, 2019 Passed IN Assembly September 10, 2019 Amended IN Senate September 04, 2019 Amended IN Senate August 30, 2019 Amended IN Senate July 03, 2019 Amended IN Assembly May 17, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 14, 2019
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7- Assembly Bill No. 849
7+Enrolled September 13, 2019
8+Passed IN Senate September 09, 2019
9+Passed IN Assembly September 10, 2019
10+Amended IN Senate September 04, 2019
11+Amended IN Senate August 30, 2019
12+Amended IN Senate July 03, 2019
13+Amended IN Assembly May 17, 2019
14+Amended IN Assembly April 11, 2019
15+Amended IN Assembly March 14, 2019
816
9- CHAPTER 557
17+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
18+
19+ Assembly Bill
20+
21+No. 849
22+
23+Introduced by Assembly Member Bonta(Coauthors: Assembly Members Gonzalez and Mullin)(Coauthor: Senator Hertzberg)February 20, 2019
24+
25+Introduced by Assembly Member Bonta(Coauthors: Assembly Members Gonzalez and Mullin)(Coauthor: Senator Hertzberg)
26+February 20, 2019
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1128 An act to amend Sections 21500, 21501, 21506, 21507, 21600, 21601, 21606, and 21607 of, to add Sections 21500.1, 21507.1, 21508, 21509, 21605, 21607.1, 21608, 21609, 21622, 21623, 21625, 21626, 21627, 21627.1, 21628, and 21629 to, to repeal Sections 21502, 21504, and 21604 of, and to repeal and add Sections 21503, 21602, 21603, 21620, and 21621 of, the Elections Code, and to amend Sections 34874, 34877.5, 34884, and 34886 of the Government Code, relating to elections.
12-
13- [ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ]
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1530 LEGISLATIVE COUNSEL'S DIGEST
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1732 ## LEGISLATIVE COUNSEL'S DIGEST
1833
1934 AB 849, Bonta. Elections: city and county redistricting.
2035
2136 Existing law establishes criteria and procedures pursuant to 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 revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.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.
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2338 Existing law establishes criteria and procedures pursuant to 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.
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2540 This bill would revise and recast these provisions. The bill would require the governing body of each local jurisdiction described above to adopt new district boundaries after each federal decennial census, except as specified. The bill would specify redistricting criteria and deadlines for the adoption of new boundaries by the governing body. The bill would specify hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary maps. The bill would require the governing body to take specified steps to encourage the residents of the local jurisdiction to participate in the redistricting process. By increasing the duties of these local jurisdictions, the bill would impose a state-mandated local program.
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2742 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.
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2944 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.
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3146 ## Digest Key
3247
3348 ## Bill Text
3449
3550 The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.SEC. 2. Section 21500 of the Elections Code is amended to read:21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.SEC. 3. Section 21500.1 is added to the Elections Code, to read:21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 4. Section 21501 of the Elections Code is amended to read:21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.SEC. 5. Section 21502 of the Elections Code is repealed.SEC. 6. Section 21503 of the Elections Code is repealed.SEC. 7. Section 21503 is added to the Elections Code, to read:21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.SEC. 8. Section 21504 of the Elections Code is repealed.SEC. 9. 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.SEC. 10. Section 21507 of the Elections Code is amended to read:21507. Before adjusting 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. 11. Section 21507.1 is added to the Elections Code, to read:21507.1. (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. 12. Section 21508 is added to the Elections Code, to read:21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.SEC. 13. Section 21509 is added to the Elections Code, 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.SEC. 14. Section 21600 of the Elections Code is amended to read:21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 15. Section 21601 of the Elections Code is amended to read:21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.SEC. 16. Section 21602 of the Elections Code is repealed.SEC. 17. Section 21602 is added to the Elections Code, to read:21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.SEC. 18. Section 21603 of the Elections Code is repealed.SEC. 19. Section 21603 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.SEC. 20. Section 21604 of the Elections Code is repealed.SEC. 21. Section 21605 is added to the Elections Code, to read:21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.SEC. 22. 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 23. Section 21607 of the Elections Code is amended to read:21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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. 24. Section 21607.1 is added to the Elections Code, to read:21607.1. (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. 25. Section 21608 is added to the Elections Code, to read:21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 26. Section 21609 is added to the Elections Code, to read:21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.SEC. 27. Section 21620 of the Elections Code is repealed.SEC. 28. Section 21620 is added to the Elections Code, to read:21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.SEC. 29. Section 21621 of the Elections Code is repealed.SEC. 30. Section 21621 is added to the Elections Code, to read:21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.SEC. 31. Section 21622 is added to the Elections Code, to read:21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter. SEC. 32. Section 21623 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.SEC. 33. Section 21625 is added to the Elections Code, to read:21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.SEC. 34. Section 21626 is added to the Elections Code, 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.SEC. 35. Section 21627 is added to the Elections Code, to read:21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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. 36. Section 21627.1 is added to the Elections Code, to read:21627.1. (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 21628 is added to the Elections Code, to read:21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).SEC. 38. Section 21629 is added to the Elections Code, to read:21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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. 39. 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.SEC. 40. 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.SEC. 41. 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.SEC. 42. 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.SEC. 44. 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.
3651
3752 The people of the State of California do enact as follows:
3853
3954 ## The people of the State of California do enact as follows:
4055
4156 SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.
4257
4358 SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.
4459
4560 SECTION 1. This act shall be known, and may be cited, as the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act.
4661
4762 ### SECTION 1.
4863
4964 SEC. 2. Section 21500 of the Elections Code is amended to read:21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.
5065
5166 SEC. 2. Section 21500 of the Elections Code is amended to read:
5267
5368 ### SEC. 2.
5469
5570 21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.
5671
5772 21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.
5873
5974 21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.(1) Population equality shall be based on the total population of residents of the county as determined by that census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.
6075
6176
6277
6378 21500. (a) Following each federal decennial census, and using that census as a basis, the board shall adjust the boundaries of any or 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.
6479
6580 (1) Population equality shall be based on the total population of residents of the county as determined by that census.
6681
6782 (2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted as part of a countys 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.
6883
6984 (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.).
7085
7186 (c) The board shall adopt supervisorial district boundaries using the following criteria as set forth in the following order of priority:
7287
7388 (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.
7489
7590 (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.
7691
7792 (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.
7893
7994 (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.
8095
8196 (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.
8297
8398 (d) The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party.
8499
85100 SEC. 3. Section 21500.1 is added to the Elections Code, to read:21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
86101
87102 SEC. 3. Section 21500.1 is added to the Elections Code, to read:
88103
89104 ### SEC. 3.
90105
91106 21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
92107
93108 21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
94109
95110 21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.(b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
96111
97112
98113
99114 21500.1. (a) This chapter applies only to counties electing members of the board of supervisors by districts or from districts.
100115
101116 (b) This chapter shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
102117
103118 SEC. 4. Section 21501 of the Elections Code is amended to read:21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
104119
105120 SEC. 4. Section 21501 of the Elections Code is amended to read:
106121
107122 ### SEC. 4.
108123
109124 21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
110125
111126 21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
112127
113128 21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
114129
115130
116131
117132 21501. The boundaries of the supervisorial districts shall be adopted by the board no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the countys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the board from holding public hearings or workshops on the placement of supervisorial district boundaries before August 1.
118133
119134 SEC. 5. Section 21502 of the Elections Code is repealed.
120135
121136 SEC. 5. Section 21502 of the Elections Code is repealed.
122137
123138 ### SEC. 5.
124139
125140
126141
127142 SEC. 6. Section 21503 of the Elections Code is repealed.
128143
129144 SEC. 6. Section 21503 of the Elections Code is repealed.
130145
131146 ### SEC. 6.
132147
133148
134149
135150 SEC. 7. Section 21503 is added to the Elections Code, to read:21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
136151
137152 SEC. 7. Section 21503 is added to the Elections Code, to read:
138153
139154 ### SEC. 7.
140155
141156 21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
142157
143158 21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
144159
145160 21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the board to redistrict.(2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.(3) The boundaries of the county change by the addition or subtraction of territory.(b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
146161
147162
148163
149164 21503. (a) After redistricting or districting pursuant to Section 21500, a board shall not adopt new supervisorial district boundaries until after the next federal decennial census, except under the following circumstances:
150165
151166 (1) A court orders the board to redistrict.
152167
153168 (2) The board is settling a legal claim that its supervisorial district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this chapter.
154169
155170 (3) The boundaries of the county change by the addition or subtraction of territory.
156171
157172 (b) This section does not prohibit a board from adopting supervisorial districts between federal decennial censuses if the board is adopting supervisorial districts for the first time, including when a board adopts supervisorial districts for the purpose of transitioning from electing its supervisors in at-large elections to elections by districts or from districts.
158173
159174 SEC. 8. Section 21504 of the Elections Code is repealed.
160175
161176 SEC. 8. Section 21504 of the Elections Code is repealed.
162177
163178 ### SEC. 8.
164179
165180
166181
167182 SEC. 9. 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
168183
169184 SEC. 9. Section 21506 of the Elections Code is amended to read:
170185
171186 ### SEC. 9.
172187
173188 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
174189
175190 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
176191
177192 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 was elected.(b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.(d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
178193
179194
180195
181196 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 was elected.
182197
183198 (b) At the first election for county supervisors in each county following adoption of the boundaries of supervisorial districts, a supervisor shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.
184199
185200 (c) A change in the boundaries of a supervisorial district shall not be made between the direct primary election and the general election.
186201
187202 (d) The successor to the office of supervisor in a supervisorial district for which the district boundaries have been changed shall be a resident and voter of that supervisorial district.
188203
189204 SEC. 10. Section 21507 of the Elections Code is amended to read:21507. Before adjusting 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.
190205
191206 SEC. 10. Section 21507 of the Elections Code is amended to read:
192207
193208 ### SEC. 10.
194209
195210 21507. Before adjusting 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.
196211
197212 21507. Before adjusting 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.
198213
199214 21507. Before adjusting 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.
200215
201216
202217
203218 21507. Before adjusting 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.
204219
205220 SEC. 11. Section 21507.1 is added to the Elections Code, to read:21507.1. (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).
206221
207222 SEC. 11. Section 21507.1 is added to the Elections Code, to read:
208223
209224 ### SEC. 11.
210225
211226 21507.1. (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).
212227
213228 21507.1. (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).
214229
215230 21507.1. (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).
216231
217232
218233
219234 21507.1. (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.
220235
221236 (1) At least one public hearing shall be held before the board draws a draft map or maps of the proposed supervisorial district boundaries.
222237
223238 (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.
224239
225240 (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.
226241
227242 (c) Public hearing buildings shall be accessible to persons with disabilities.
228243
229244 (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.
230245
231246 (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).
232247
233248 (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).
234249
235250 SEC. 12. Section 21508 is added to the Elections Code, to read:21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.
236251
237252 SEC. 12. Section 21508 is added to the Elections Code, to read:
238253
239254 ### SEC. 12.
240255
241256 21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.
242257
243258 21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.
244259
245260 21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the county, including those active in language minority communities, or 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 179 days until the countys next regular election, 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 179 days until the countys next regular election, 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 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.(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 countys 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 meets the notice required by subdivision (c).(4) The notice and agenda for each public hearing and workshop.(5) The audio or audiovisual recording and adopted minutes of each public hearing.(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) 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 States internet website.
246261
247262
248263
249264 21508. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include the following:
250265
251266 (1) Providing information to media organizations that provide county news coverage, including media organizations that serve language minority communities.
252267
253268 (2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the county, including those active in language minority communities, or that have requested to be notified concerning county redistricting.
254269
255270 (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.
256271
257272 (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 179 days until the countys next regular election, the board may publish the agenda on the internet for at least three days before the hearing or workshop.
258273
259274 (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 179 days until the countys next regular election, the draft map may instead be published on the internet for at least three days.
260275
261276 (2) Each draft map prepared by a member of the board or by employees 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.
262277
263278 (e) The board shall allow the public to submit testimony or draft maps in writing and electronically.
264279
265280 (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.
266281
267282 (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 countys existing internet website or another internet website maintained by the county. The web page shall include, or link to, all of the following information:
268283
269284 (1) A general explanation of the redistricting process for the county, in English and applicable languages.
270285
271286 (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.
272287
273288 (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 meets the notice required by subdivision (c).
274289
275290 (4) The notice and agenda for each public hearing and workshop.
276291
277292 (5) The audio or audiovisual recording and adopted minutes of each public hearing.
278293
279294 (6) Each draft map considered by the board at a public hearing.
280295
281296 (7) The adopted final map of supervisorial district boundaries.
282297
283298 (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).
284299
285300 (i) This section does not apply when a county transitions from at-large to district-based elections.
286301
287302 (j) 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 States internet website.
288303
289304 SEC. 13. Section 21509 is added to the Elections Code, 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.
290305
291306 SEC. 13. Section 21509 is added to the Elections Code, to read:
292307
293308 ### SEC. 13.
294309
295310 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.
296311
297312 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.
298313
299314 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 residents reasonable attorneys 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 countys 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 masters staff. (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.
300315
301316
302317
303318 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 residents reasonable attorneys fees and costs from the county for doing so.
304319
305320 (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 countys 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.
306321
307322 (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.
308323
309324 (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the supervisorial district boundaries.
310325
311326 (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 masters staff.
312327
313328 (5) The supervisorial district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the board.
314329
315330 SEC. 14. Section 21600 of the Elections Code is amended to read:21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
316331
317332 SEC. 14. Section 21600 of the Elections Code is amended to read:
318333
319334 ### SEC. 14.
320335
321336 21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
322337
323338 21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
324339
325340 21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
326341
327342
328343
329344 21600. (a) This article applies only to general law cities electing members of the legislative body by districts or from districts, as defined in Section 34871 of the Government Code.
330345
331346 (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
332347
333348 SEC. 15. Section 21601 of the Elections Code is amended to read:21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.
334349
335350 SEC. 15. Section 21601 of the Elections Code is amended to read:
336351
337352 ### SEC. 15.
338353
339354 21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.
340355
341356 21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.
342357
343358 21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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 that census.(2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.
344359
345360
346361
347362 21601. (a) Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or 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.
348363
349364 (1) Population equality shall be based on the total population of residents of the city as determined by that census.
350365
351366 (2) Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted as part of a citys 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.
352367
353368 (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.).
354369
355370 (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
356371
357372 (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.
358373
359374 (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.
360375
361376 (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.
362377
363378 (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.
364379
365380 (d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
366381
367382 SEC. 16. Section 21602 of the Elections Code is repealed.
368383
369384 SEC. 16. Section 21602 of the Elections Code is repealed.
370385
371386 ### SEC. 16.
372387
373388
374389
375390 SEC. 17. Section 21602 is added to the Elections Code, to read:21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
376391
377392 SEC. 17. Section 21602 is added to the Elections Code, to read:
378393
379394 ### SEC. 17.
380395
381396 21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
382397
383398 21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
384399
385400 21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
386401
387402
388403
389404 21602. The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but not later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this section does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
390405
391406 SEC. 18. Section 21603 of the Elections Code is repealed.
392407
393408 SEC. 18. Section 21603 of the Elections Code is repealed.
394409
395410 ### SEC. 18.
396411
397412
398413
399414 SEC. 19. Section 21603 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.
400415
401416 SEC. 19. Section 21603 is added to the Elections Code, to read:
402417
403418 ### SEC. 19.
404419
405420 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.
406421
407422 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.
408423
409424 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.
410425
411426
412427
413428 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.
414429
415430 (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district under the circumstances described in subdivision (a) if both of the following conditions are met:
416431
417432 (1) There are more than four years until the council is next required to redistrict pursuant to Section 21601.
418433
419434 (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population, as determined by the most recent federal decennial census.
420435
421436 SEC. 20. Section 21604 of the Elections Code is repealed.
422437
423438 SEC. 20. Section 21604 of the Elections Code is repealed.
424439
425440 ### SEC. 20.
426441
427442
428443
429444 SEC. 21. Section 21605 is added to the Elections Code, to read:21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
430445
431446 SEC. 21. Section 21605 is added to the Elections Code, to read:
432447
433448 ### SEC. 21.
434449
435450 21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
436451
437452 21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
438453
439454 21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
440455
441456
442457
443458 21605. (a) After redistricting or districting pursuant to Section 21601 or 21603, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
444459
445460 (1) A court orders the council to redistrict.
446461
447462 (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.
448463
449464 (3) The boundaries of the city expand by the addition of new territory pursuant to Section 21603.
450465
451466 (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
452467
453468 SEC. 22. 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
454469
455470 SEC. 22. Section 21606 of the Elections Code is amended to read:
456471
457472 ### SEC. 22.
458473
459474 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
460475
461476 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
462477
463478 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
464479
465480
466481
467482 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 was elected.
468483
469484 (b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.
470485
471486 (c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
472487
473488 SEC. 23. Section 21607 of the Elections Code is amended to read:21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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.
474489
475490 SEC. 23. Section 21607 of the Elections Code is amended to read:
476491
477492 ### SEC. 23.
478493
479494 21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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.
480495
481496 21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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.
482497
483498 21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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.
484499
485500
486501
487502 21607. Before adopting the boundaries of a council district pursuant to Section 21601, 21603, or 21604, 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.
488503
489504 SEC. 24. Section 21607.1 is added to the Elections Code, to read:21607.1. (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).
490505
491506 SEC. 24. Section 21607.1 is added to the Elections Code, to read:
492507
493508 ### SEC. 24.
494509
495510 21607.1. (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).
496511
497512 21607.1. (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).
498513
499514 21607.1. (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).
500515
501516
502517
503518 21607.1. (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.
504519
505520 (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
506521
507522 (2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
508523
509524 (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.
510525
511526 (c) Public hearing buildings shall be accessible to persons with disabilities.
512527
513528 (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.
514529
515530 (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).
516531
517532 (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).
518533
519534 SEC. 25. Section 21608 is added to the Elections Code, to read:21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
520535
521536 SEC. 25. Section 21608 is added to the Elections Code, to read:
522537
523538 ### SEC. 25.
524539
525540 21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
526541
527542 21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
528543
529544 21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include 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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
530545
531546
532547
533548 21608. (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. A good faith effort satisfies the requirements of this subdivision. These steps shall include the following:
534549
535550 (1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
536551
537552 (2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.
538553
539554 (b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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.
540555
541556 (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 179 days until the citys next regular election, the council may publish the agenda on the internet for at least three days before the hearing or workshop.
542557
543558 (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 179 days until the citys next regular election, the draft map may instead be published on the internet for at least three days.
544559
545560 (2) Each draft map prepared by a member of the council or by employees 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.
546561
547562 (e) The council shall allow the public to submit testimony or draft maps in writing and electronically.
548563
549564 (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.
550565
551566 (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 citys existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
552567
553568 (1) A general explanation of the redistricting process for the city in English and any applicable language.
554569
555570 (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.
556571
557572 (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).
558573
559574 (4) The notice and agenda for each public hearing and workshop.
560575
561576 (5) The recording or written summary of each public hearing and workshop.
562577
563578 (6) Each draft map considered by the council at a public hearing.
564579
565580 (7) The adopted final map of council district boundaries.
566581
567582 (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 citys 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 States 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 bureaus 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 States 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.
568583
569584 (i) This section does not apply when a city transitions from at-large to district-based elections.
570585
571586 (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 States internet website that is described in subdivision (h).
572587
573588 SEC. 26. Section 21609 is added to the Elections Code, to read:21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
574589
575590 SEC. 26. Section 21609 is added to the Elections Code, to read:
576591
577592 ### SEC. 26.
578593
579594 21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
580595
581596 21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
582597
583598 21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
584599
585600
586601
587602 21609. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602 or subdivision (a) or (b) of Section 21604, 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 residents reasonable attorneys fees and costs from the city for doing so.
588603
589604 (b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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.
590605
591606 (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.
592607
593608 (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
594609
595610 (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 masters staff.
596611
597612 (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
598613
599614 SEC. 27. Section 21620 of the Elections Code is repealed.
600615
601616 SEC. 27. Section 21620 of the Elections Code is repealed.
602617
603618 ### SEC. 27.
604619
605620
606621
607622 SEC. 28. Section 21620 is added to the Elections Code, to read:21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
608623
609624 SEC. 28. Section 21620 is added to the Elections Code, to read:
610625
611626 ### SEC. 28.
612627
613628 21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
614629
615630 21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
616631
617632 21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.(b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
618633
619634
620635
621636 21620. (a) This article applies to charter cities that elect members of the charter citys legislative body by districts or from districts, as defined in Section 34871 of the Government Code.
622637
623638 (b) This article shall not be interpreted to limit the discretionary remedial authority of any federal or state court.
624639
625640 SEC. 29. Section 21621 of the Elections Code is repealed.
626641
627642 SEC. 29. Section 21621 of the Elections Code is repealed.
628643
629644 ### SEC. 29.
630645
631646
632647
633648 SEC. 30. Section 21621 is added to the Elections Code, to read:21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.
634649
635650 SEC. 30. Section 21621 is added to the Elections Code, to read:
636651
637652 ### SEC. 30.
638653
639654 21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.
640655
641656 21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.
642657
643658 21621. (a) Following each federal decennial census, and using that census as a basis, 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 census.(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.
644659
645660
646661
647662 21621. (a) Following each federal decennial census, and using that census as a basis, 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.
648663
649664 (1) Population equality shall be based on the total population of residents of the city as determined by the census.
650665
651666 (2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a citys 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.
652667
653668 (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.).
654669
655670 (c) The council shall adopt district boundaries using the following criteria as set forth in the following order of priority:
656671
657672 (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.
658673
659674 (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.
660675
661676 (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.
662677
663678 (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.
664679
665680 (d) The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.
666681
667682 SEC. 31. Section 21622 is added to the Elections Code, to read:21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
668683
669684 SEC. 31. Section 21622 is added to the Elections Code, to read:
670685
671686 ### SEC. 31.
672687
673688 21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
674689
675690 21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
676691
677692 21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.(b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
678693
679694
680695
681696 21622. (a) The boundaries of the council districts shall be adopted by the council no earlier than August 1, 2021, and August 1 in each year ending in the number one thereafter, but no later than 151 days before the citys next regular election occurring after March 1, 2022, and after March 1 in each year ending in the number two thereafter. However, this subdivision does not prohibit the council from holding public hearings or workshops on the placement of council district boundaries before August 1.
682697
683698 (b) This section does not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter before October 1, 2021, and October 1 of each year ending in the number one thereafter.
684699
685700 SEC. 32. Section 21623 is added to the Elections Code, 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
686701
687702 SEC. 32. Section 21623 is added to the Elections Code, to read:
688703
689704 ### SEC. 32.
690705
691706 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
692707
693708 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
694709
695710 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.(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:(1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
696711
697712
698713
699714 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.
700715
701716 (b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district if both of the following conditions are met:
702717
703718 (1) There are more than four years until the council is next required to redistrict pursuant to Section 21621.
704719
705720 (2) The population of the new territory being annexed or consolidated is greater than 25 percent of the citys population as determined by the most recent federal decennial census.
706721
707722 (c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
708723
709724 SEC. 33. Section 21625 is added to the Elections Code, to read:21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
710725
711726 SEC. 33. Section 21625 is added to the Elections Code, to read:
712727
713728 ### SEC. 33.
714729
715730 21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
716731
717732 21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
718733
719734 21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:(1) A court orders the council to redistrict.(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.(3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
720735
721736
722737
723738 21625. (a) After redistricting or districting pursuant to Section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
724739
725740 (1) A court orders the council to redistrict.
726741
727742 (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.
728743
729744 (3) The boundaries of the city expand by the addition of new territory pursuant to Section 21623.
730745
731746 (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts.
732747
733748 (c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
734749
735750 SEC. 34. Section 21626 is added to the Elections Code, 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
736751
737752 SEC. 34. Section 21626 is added to the Elections Code, to read:
738753
739754 ### SEC. 34.
740755
741756 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
742757
743758 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
744759
745760 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 was elected.(b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.(c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
746761
747762
748763
749764 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 was elected.
750765
751766 (b) At the first election for council members in each city following adoption of the boundaries of council districts, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbents term is due to expire.
752767
753768 (c) The successor to the office in a council district for which the boundaries have changed shall be a resident and voter of that council district.
754769
755770 SEC. 35. Section 21627 is added to the Elections Code, to read:21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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.
756771
757772 SEC. 35. Section 21627 is added to the Elections Code, to read:
758773
759774 ### SEC. 35.
760775
761776 21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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.
762777
763778 21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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.
764779
765780 21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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.
766781
767782
768783
769784 21627. Before adopting the boundaries of a council district pursuant to Section 21621, 21623, or 21624, 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.
770785
771786 SEC. 36. Section 21627.1 is added to the Elections Code, to read:21627.1. (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).
772787
773788 SEC. 36. Section 21627.1 is added to the Elections Code, to read:
774789
775790 ### SEC. 36.
776791
777792 21627.1. (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).
778793
779794 21627.1. (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).
780795
781796 21627.1. (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).
782797
783798
784799
785800 21627.1. (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.
786801
787802 (1) At least one public hearing shall be held before the council draws a draft map or maps of the proposed council boundaries.
788803
789804 (2) At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed council boundaries.
790805
791806 (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.
792807
793808 (c) Public hearing buildings shall be accessible to persons with disabilities.
794809
795810 (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.
796811
797812 (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).
798813
799814 (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).
800815
801816 SEC. 37. Section 21628 is added to the Elections Code, to read:21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
802817
803818 SEC. 37. Section 21628 is added to the Elections Code, to read:
804819
805820 ### SEC. 37.
806821
807822 21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
808823
809824 21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
810825
811826 21628. (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, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.(b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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 179 days until the citys next regular election, 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 179 days until the citys next regular election, 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 of the city shall be accompanied with 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.(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 citys 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 any applicable language.(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 citys 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 States 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 bureaus 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 States 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 States internet website that is described in subdivision (h).
812827
813828
814829
815830 21628. (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:
816831
817832 (1) Providing information to media organizations that provide city news coverage, including media organizations that serve language minority communities.
818833
819834 (2) Providing information through good government, civil rights, civic engagement, or community groups or organizations that are active in the city, including those active in language minority communities, or that have requested to be notified concerning city redistricting.
820835
821836 (b) The council shall arrange for the live translation of a public hearing or workshop held pursuant to this article in an applicable language 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.
822837
823838 (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 179 days until the citys next regular election, the council may publish the agenda on the internet for at least three days before the hearing or workshop.
824839
825840 (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 179 days until the citys next regular election, the draft map may instead be published on the internet for at least three days.
826841
827842 (2) Each draft map prepared by a member of the council or by employees of the city shall be accompanied with 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.
828843
829844 (e) The council shall allow the public to submit testimony or draft maps in writing and electronically.
830845
831846 (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.
832847
833848 (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 citys existing internet website or another internet website maintained by the city. The web page shall include, or link to, all of the following information:
834849
835850 (1) A general explanation of the redistricting process for the city in English and any applicable language.
836851
837852 (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.
838853
839854 (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).
840855
841856 (4) The notice and agenda for each public hearing and workshop.
842857
843858 (5) The recording or written summary of each public hearing and workshop.
844859
845860 (6) Each draft map considered by the council at a public hearing.
846861
847862 (7) The adopted final map of council district boundaries.
848863
849864 (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 citys 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 States 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 bureaus 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 States 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.
850865
851866 (i) This section does not apply when a city transitions from at-large to district-based elections.
852867
853868 (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 States internet website that is described in subdivision (h).
854869
855870 SEC. 38. Section 21629 is added to the Elections Code, to read:21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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.
856871
857872 SEC. 38. Section 21629 is added to the Elections Code, to read:
858873
859874 ### SEC. 38.
860875
861876 21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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.
862877
863878 21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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.
864879
865880 21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.(b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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 masters staff. (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts 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.
866881
867882
868883
869884 21629. (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622 or subdivision (a) or (b) of Section 21624, 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 residents reasonable attorneys fees and costs from the city for doing so.
870885
871886 (b) (1) Upon finding that a petition filed pursuant to this subdivision 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 citys 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.
872887
873888 (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.
874889
875890 (3) The superior court or the special master shall hold one or more public hearings before the superior court adopts the council district boundaries.
876891
877892 (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 masters staff.
878893
879894 (5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the courts order were an enacted resolution or ordinance of the city council.
880895
881896 (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.
882897
883898 SEC. 39. 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
884899
885900 SEC. 39. Section 34874 of the Government Code is amended to read:
886901
887902 ### SEC. 39.
888903
889904 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
890905
891906 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
892907
893908 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.(b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
894909
895910
896911
897912 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.
898913
899914 (b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
900915
901916 SEC. 40. 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
902917
903918 SEC. 40. Section 34877.5 of the Government Code is amended to read:
904919
905920 ### SEC. 40.
906921
907922 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
908923
909924 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
910925
911926 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.(b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
912927
913928
914929
915930 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 Section 21601 or 21621 of the Elections Code, as applicable, and shall seek public input, including accepting proposed maps submitted by the public.
916931
917932 (b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21607 or 21627 of the Elections Code, as applicable.
918933
919934 SEC. 41. 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
920935
921936 SEC. 41. Section 34884 of the Government Code is amended to read:
922937
923938 ### SEC. 41.
924939
925940 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
926941
927942 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
928943
929944 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:(1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.(2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.(3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.(b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
930945
931946
932947
933948 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:
934949
935950 (1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable.
936951
937952 (2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years.
938953
939954 (3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years.
940955
941956 (b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871.
942957
943958 SEC. 42. 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
944959
945960 SEC. 42. Section 34886 of the Government Code is amended to read:
946961
947962 ### SEC. 42.
948963
949964 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
950965
951966 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
952967
953968 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
954969
955970
956971
957972 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 Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
958973
959974 SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.
960975
961976 SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.
962977
963978 SEC. 43. The district boundary criteria specified in this act apply to supervisorial and council district boundaries that are adopted or readopted on or after January 1, 2020. Supervisorial and council district boundaries adopted before January 1, 2020, shall comply with the applicable district boundary criteria in effect at the time of their adoption.
964979
965980 ### SEC. 43.
966981
967982 SEC. 44. 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.
968983
969984 SEC. 44. 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.
970985
971986 SEC. 44. 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.
972987
973988 ### SEC. 44.