AB 764

Bill Subjects

Abstract

Existing law requires counties, general law and charter cities, and special districts that elect their governing boards using district-based elections to adopt, in a prescribed manner, new district boundaries following each federal decennial census. Existing law also requires county boards of education, and the governing boards of school districts and community college districts in which trustee areas have been established, to adopt new boundaries for their trustee areas following each federal decennial census. This bill would revise and recast these provisions. The bill would require counties, county boards of education, cities, school districts, community college districts, and special districts, if the governing body of these local jurisdictions is elected by districts, to comply with uniform requirements related to redistricting. The bill would require local jurisdictions to adopt district boundaries, using specified criteria, following the decision to establish district-based elections and following each federal decennial census. This bill would define the term "districting body," as specified, and clarify requirements applicable to advisory or hybrid redistricting commissions. This bill would require an advisory or hybrid redistricting commission to comply with specified requirements when recommending changes to the legislative body's district boundaries. The bill would require a local jurisdiction, before adopting new district boundaries, to hold at least one public workshop and at least 5 public hearings, except as specified. This bill would require all public hearings held by an advisory or hybrid redistricting commission to comply with the same requirements applicable to hearings held by the districting body. This bill would impose requirements relating to workshops and public hearings upon local jurisdictions, districting bodies, and advisory and hybrid redistricting commissions, as specified. The bill would require the local jurisdiction to adopt a redistricting public education and outreach plan before holding a hearing or workshop, as specified. If a local jurisdiction establishes a hybrid redistricting commission to recommend changes to the legislative body's district boundaries, this bill would require the local jurisdiction, not the hybrid redistricting commission, to adopt the public education and outreach plan, as specified. The bill would also require the local jurisdiction to establish and maintain an accessible internet web page dedicated to redistricting to provide specified information to the public. The bill would require a local jurisdiction to make available on its redistricting web page, within specified time frames, both of the following: (1) recordings or written summaries of oral public comments made at workshops or public hearings, and (2) written comments and draft maps. The bill would require the Secretary of State to develop templates for such web pages and to provide a redistricting training for local jurisdictions. This bill would also require the Secretary of State to make available to the public a free electronic mapping tool, as specified. For redistricting occurring in 2031 and thereafter, the bill would require district boundaries to be adopted no later than 204 days before the local jurisdiction's next regular election occurring after January 1 in each year ending in the number 2. If the responsible body misses that deadline, the bill would require the body to immediately petition a superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries, and if the body does not petition a superior court, a resident of the local jurisdiction would be permitted to file that petition. If the court grants a petition, the bill would permit the court to appoint a special master to assist with adopting district boundaries. Under existing law, county boards of supervisors and city councils that have adopted district-based elections are prohibited from adopting new district boundaries until after the next federal decennial census, except under certain circumstances. This bill would authorize the adoption of new district boundaries before the next federal decennial census if the number of supervisors or city council members elected by districts changes or if an independent redistricting commission is established to adopt new districts before the next census. The bill would provide that a member of the governing body of a local jurisdiction continues to represent the constituents residing in the district boundaries from which the member was elected for the duration of that term of office. The bill would specify that a local jurisdiction may assign a public official, as specified, to provide constituent services to residents of an area that is temporarily not represented by a member of the governing body of the local jurisdiction due to redistricting. This bill would incorporate additional changes to Section 23003 of the Elections Code proposed by Assembly Bill 1248 to be operative only if this bill and Assembly Bill 1248 are enacted and this bill is enacted last. By increasing the duties of local officials with respect to redistricting, the bill would create 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.