SB 594
| Author: |
Steven M. Glazer (D-007) |
| Title: |
Elections: Local Redistricting |
| Fiscal Committee: |
no |
|
| Urgency Clause: |
yes |
|
| Introduced: |
02/18/2021 |
| Last Amend: |
05/03/2021 |
| Disposition: |
Pending |
| Location: |
Assembly Elections Committee |
| Summary: |
Clarifies that adopting district boundaries for certain purposes means the passage of an ordinance or resolution specifying those boundaries. Authorizes, expressly, a county board of supervisors to adopt supervisorial district boundaries by ordinance or resolution. Clarifies that a superior court's order adopting district boundaries is immediately effective and has the same force and effect as an enacted ordinance or resolution of the legislative body. |
| Status: |
| 05/20/2021 |
To ASSEMBLY Committees on ELECTIONS and LOCAL GOVERNMENT. |
Full Status
| 02/18/2021 |
INTRODUCED. |
| 02/22/2021 |
In SENATE. Article IV. Section 8(a) of the Constitution dispensed with. |
| 02/22/2021 |
In SENATE. Joint Rule 55 suspended. |
| 03/03/2021 |
To SENATE Committee on RULES. |
| 03/04/2021 |
From SENATE Committee on RULES with author's amendments. |
| 03/04/2021 |
In SENATE. Read second time and amended. Re-referred to Committee on RULES. |
| 03/18/2021 |
Re-referred to SENATE Committees on ELECTIONS AND CONSTITUTIONAL AMENDMENTS and GOVERNANCE AND FINANCE. |
| 04/05/2021 |
From SENATE Committee on ELECTIONS AND CONSTITUTIONAL AMENDMENTS with author's amendments. |
| 04/05/2021 |
In SENATE. Read second time and amended. Re-referred to Committee on ELECTIONS AND CONSTITUTIONAL AMENDMENTS. |
| 04/12/2021 |
From SENATE Committee on ELECTIONS AND CONSTITUTIONAL AMENDMENTS: Do pass to Committee on GOVERNANCE AND FINANCE. (5-0) |
| 05/03/2021 |
From SENATE Committee on GOVERNANCE AND FINANCE with author's amendments. |
| 05/03/2021 |
In SENATE. Read second time and amended. Re-referred to Committee on GOVERNANCE AND FINANCE. |
| 05/06/2021 |
From SENATE Committee on GOVERNANCE AND FINANCE: Do pass. To Consent Calendar. (5-0) |
| 05/11/2021 |
In SENATE. Read second time. To Consent Calendar. |
| 05/13/2021 |
In SENATE. Read third time, urgency clause adopted. Passed SENATE. *****To ASSEMBLY. (38-0) |
| 05/20/2021 |
To ASSEMBLY Committees on ELECTIONS and LOCAL GOVERNMENT. |
|
2021 CA S 594: Bill Analysis - 05/12/2021 - Senate Floor
SENATE RULES COMMITTEE SB 594
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478
CONSENT
Bill No: SB 594
Author: Glazer (D)
Amended: 5/3/21
Vote: 27 - Urgency
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 4/12/21
AYES: Glazer, Nielsen, Hertzberg, Leyva, Newman
SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 5/6/21
AYES: McGuire, Nielsen, Durazo, Hertzberg, Wiener
SUBJECT: Elections: local redistricting
SOURCE: Author
DIGEST:
This bill clarifies the process and deadlines for county and city redistricting. This bill also requires that, notwithstanding any other date specified in law, special districts redistrict more than 180 days before the district's next regular election occurring after January 1 of each year ending in the number two.
ANALYSIS:
Existing law:
1) Requires a county board of supervisors or a city council, when those governing bodies are elected by district, to adopt district boundaries following each federal decennial census so that each district within that county or city is substantially equal in population as required by the United States Constitution and complies with other criteria, as specified.
2) Provides different redistricting deadlines for counties and cities based on the timing of their regular elections. Specifically, provides that:
a) For redistricting occurring before 2031 and where a county or a city has a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the districts shall be adopted by the governing body not later than 174 days before that election.
b) For redistricting occurring before 2031 and where a county or a city does not have a regular election occurring after January 1, 2022, and before July 1, 2022, the boundaries of the districts shall be adopted by the local jurisdiction not later than 205 days before the governing body's next regular election occurring on or after July 1, 2022.
c) For redistricting occurring in 2031 and thereafter, the boundaries of the districts shall be adopted by the county or the city not later than 205 days before the governing body's next regular election occurring after January 1 in each year ending in the number two.
d) These deadlines do not apply to a charter city that has adopted a different redistricting deadline by ordinance or in its city charter.
3) Provides that, if a county or city fails to redistrict by the above deadlines, the governing body shall petition the superior court for an order adopting boundaries. Provides that the superior court's order is immediately effective in the same manner as an enacted ordinance or resolution of the governing body.
4) Provides, generally, that county boards of supervisors and city councils may pass resolutions or ordinances by majority vote.
5) Provides that a city council may adopt district boundaries by ordinance or resolution.
6) Provides, as to county and city ordinances, all of the following:
a) That an ordinance shall not be passed within five days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting, except as specified.
b) That, when an ordinance is altered after introduction, it shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration, except as specified.
c) That, within 15 days after the passage of an ordinance, it shall be published once, with the names of the members voting for and against the ordinance, in a newspaper published in the jurisdiction, except as specified.
d) That an ordinance is effective 30 days from the date of final passage, except, among other enumerated exceptions, an ordinance relating to an election or an ordinance passed by a four-fifths vote which is for the immediate preservation of the public peace, health, or safety, both of which shall take effect immediately.
7) Requires, generally, that a special district whose governing board is elected by division adjust those division boundaries after each federal decennial census so that the divisions are, as far as practicable, equal in population, and authorizes the governing board to consider other factors in adjusting division boundaries, as specified.
8) Provides, generally, that a special district shall adjust its governing board's division boundaries by resolution.
9) Provides, generally, that no change in special district division boundaries may be made within 180 days preceding the election of any director.
10) Provides, for some types of special districts, and for some individual special districts, different redistricting deadlines.
11) Requires, if the board of directors of a community services district, a fire protection district, a recreation and park district, or the Central Contra Costa Sanitary District (CCCSD) is elected by divisions, that the board adjust the boundaries of the divisions before November 1 of the year following the year in which each decennial census is taken.
This bill:
1) Provides that a county board of supervisors may adopt district boundaries by ordinance or resolution.
2) Defines, for city and county districting or redistricting, the "adoption" of district boundaries to mean "the passage of an ordinance or resolution specifying those boundaries."
3) Clarifies that a superior court's order adopting district boundaries is immediately effective and has the same force and effect as an enacted ordinance or resolution of the legislative body.
4) Provides that, notwithstanding any other date specified in law, the board of directors of a special district that is required to adjust division boundaries after each federal decennial census shall adopt the adjusted boundaries of the divisions prior to 180 days before the district's next regular election occurring after January 1 of each year ending in the number two. Clarifies that the date of the resolution's adoption is the date of passage of the resolution by the board.
5) Amends the redistricting deadline for community services districts, fire protection districts, recreation and park districts, and the CCCSD to provide that the governing boards of those special districts shall redistrict in accordance with the general deadline for special districts.
6) Makes technical and conforming changes.
7) Contains an urgency clause.
Background
Redistricting and Census Data. Redistricting is the process of redrawing election district boundaries to create equally-populated districts. The United States Supreme Court has held that periodic redistricting, generally occurring at least every ten years, is required for all legislative bodies that are elected by district, including the United States House of Representatives, state legislatures, and the governing bodies of local jurisdictions.
Redistricting at all levels of government is usually performed using federal decennial census data, which provides population data down to the block level. State law expressly requires that counties, cities, and special districts redistrict using census data.
Census Data Release Delays. Under federal law, the decennial census counts the United States population as of April 1 in every year ending in the number zero, although the United States Census Bureau's (Bureau's) data collection efforts extend beyond that date. Federal law requires that block-level population and demographic data be delivered to states for use in congressional and legislative redistricting no later than April 1 of the year after the census, e.g. April 1, 2022.
Due to the COVID-19 pandemic, the Bureau was unable to deliver census redistricting data to the states by that deadline this year. After a series of announced data release delays, the Bureau is now estimating that census redistricting data will be available in a "legacy format" no later than August 16, 2021. The Bureau will also provide a redistricting dataset in its standard format by September 30, 2021.
The Statewide Database (SWDB), which is housed at UC Berkeley School of Law and produces California's official redistricting database, has indicated that it can convert the legacy format census data into a format that is useable for redistricting by late August 2021. The SWDB is also creating a database of census data which has been adjusted to count persons incarcerated in a state correctional facility at their last known residential address instead of that facility, which counties and cities are required to use for redistricting. The SWDB has estimated it can produce this adjusted dataset from the legacy format census data by late September.
Local Redistricting Deadlines. In 2020, the Legislature passed AB 1276 (Bonta, Chapter 90, Statutes of 2020), which adjusted county and city redistricting deadlines to provide more time for a signature-in-lieu of filing fee petition process and in response to early announcements of potential delays in the release of census data. Under this law, counties and cities must generally complete the redistricting process at least 205 days before their next regular election after January 1 in a year ending in two. However, for counties and cities with regular elections between January 1 and July 1, 2022, the deadline is 174 days before that election.
Also in 2020, the Legislature passed SB 970 (Umberg, Chapter 111, Statutes of 2020), which moved the date of the statewide primary from March to June in gubernatorial election years. As a result of AB 1276 and SB 970, counties and cities consolidating elections with the June 2022 primary have a December 15, 2021, redistricting deadline, or a little over two months after the SWDB estimates that adjusted census data may be available. Cities consolidating elections with the November 2022 general election have an April 17, 2022 deadline. Charter cities, regardless of the timing of their elections, may adopt different deadlines.
The general deadline for special district redistricting, which must occur after the decennial census but not within 180 days of a governing board election, was not changed last session. However, after moving the primary date to June, special districts consolidating their elections with the primary must now redistrict prior to December 9, 2021. Special districts that consolidate their elections with the November 2022 general election must redistrict prior to May 12, 2022. Some special districts also have different deadlines specified in their enabling acts.
City and County Redistricting: Ordinance and Resolution Effective Dates. Under state law, a county or city ordinance is generally effective 30 days after being passed by a county board of supervisors or city council, which includes redistricting ordinances. (See Ortiz v. Board of Supervisors of Madera County, 107 Cal. App. 3d 866 (1980).) State law does not specify an effective date for resolutions. However, courts have implied a 30-day effective date to resolutions that are subject to referendum, which would likely include redistricting resolutions. (See Midway Orchards v. County of Butte, 220 Cal. App. 3d 765 (1990).)
Because redistricting ordinances and resolutions likely go into effect 30 days after passage, some local governments believe there is ambiguity as to whether the local deadline to "adopt" county supervisorial districts and city council districts refers to the date an ordinance or resolution is passed by the board or council, or the date that ordinance or resolution becomes effective. The latter interpretation would further compress the time that local governing boards have to pass new election district maps following the delayed release of census data.
SB 594 clarifies that, for county, city, and special district redistricting, adoption means the date a redistricting ordinance or resolution is passed.
County Redistricting by Resolution. For cities, state law specifies that redistricting may be done "by ordinance or resolution." However, state law is silent as to the type of local legislation that counties may use to redistrict. Faced with this possible ambiguity, many counties will redistrict by ordinance, which may impose some additional timing and procedural constraints on the redistricting process.
Under state law, counties must follow certain procedures to enact ordinances that are not required for passing a resolution. For example, unlike resolutions, an ordinance must have two readings, can only be adopted at a regular meeting or adjourned regular meeting at least five days after the introduction or last amendment of the proposed ordinance, and must be published in a newspaper after being passed, except as specified.
SB 594 expressly authorizes counties to redistrict by ordinance or resolution. While resolutions are not subject to the notice and publication requirements associated with ordinances, counties would still have to comply with redistricting-specific public notice and transparency requirements. For example, counties are required to hold four public hearings before adopting a redistricting map and a draft map must be published online for seven days (or three days in the final 28 days before the deadline to redistrict) prior to being adopted.
Special Districts with Early Redistricting Deadlines. As discussed above, under current law special districts are generally required to redistrict following each federal decennial census but cannot change division boundaries within 180 days of a regular election. This deadline applies to a special district "required by its authorizing act to adjust division boundaries pursuant to this section."
However, some types of special districts, and some individual special districts, have unique redistricting deadlines set in statute that do not follow this default deadline. In many cases, these specific deadlines are much earlier than the default deadline and may be difficult to comply with this year because of the census data release delays. For example, community services districts, fire protection districts, recreation and park districts, and the CCCSD all have a deadline of November 1 in the year following the year in which the census is taken, e.g. November 1, 2021.
SB 594 provides that, notwithstanding any other law, special districts shall redistrict prior to 180 days before the district's next regular election after January 1 in every year ending in two. This bill also eliminates the specific November 1 deadline for the special districts described above.
Comments
According to the author, due to COVID-19-related delays in the release of census data, the local redistricting process will be significantly compressed this year compared with prior cycles, which will reduce the time available for public and community participation and local government deliberation. This is especially the case for cities and counties with June 2022 elections, which will have around two months to draft new district maps, solicit the public's input, and adopt new district boundaries.
SB 594 makes a number of changes to ensure there is as much time as possible for line-drawing and public and community participation despite the constraints of this delayed census data. First, SB 594 clarifies that the deadline for city, county, and special district redistricting is the date for passing an ordinance or resolution, not its effective date. Ordinances and resolutions only go into effect 30 days after being passed, and some local governments with June 2022 elections are operating under the assumption that they must adopt district maps by November 15 to be effective in time for the December 15, 2021 deadline, which would leave a little over one month to redistrict. SB 594 also clarifies that counties may redistrict by resolution, instead of by ordinance, which is already expressly allowed for cities. By eliminating the need to redistrict by ordinance, which have second reading requirements that mostly duplicate other redistricting-specific notice requirements, counties and the public may gain up to a few extra weeks to deliberate before adopting maps.
Finally, SB 594 requires all special districts, notwithstanding any other law, to redistrict their electoral divisions more than 180 days before the special district's next regular election after January 1, 2022. This uniform standard, requested by the California Special Districts Association, provides a more workable redistricting deadline based on the timing of a district's elections.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 5/11/21)
Association of California Water Agencies
California Special Districts Association
County of San Diego Independent Redistricting Commission
League of Women Voters of California
Placer County
Sacramento County Board of Supervisors
OPPOSITION: (Verified 5/11/21)
None received
ARGUMENTS IN SUPPORT: In a letter supporting SB 594, the League of Women Voters of California (LWVC) stated, in part, the following:
The LWVC believes that redistricting at all levels of government should include opportunities for robust public participation. ... The anticipated delay in receiving the census data needed to draw new maps means that cities and counties may not have sufficient time to carry out the redistricting process. SB 594 is one technical clarification that takes a first step in protecting the redistricting process and the timeline for public input.
Prepared by: Nicolas Heidorn / E. & C.A. / (916) 651-4106
5/12/21 15:32:5 |