Today's Law As Amended


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AB-278 Municipal elections.(2015-2016)



As Amends the Law Today
As Amends the Law on Nov 22, 2016


SECTION 1.

 Section 34872 of the Government Code is amended to read:

34872.
 An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor.

SEC. 2.

 Section 34876.5 is added to the Government Code, to read:

34876.5.
 (a) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows:
“Shall members of the legislative body of the City of ____ be elected by (or from) districts?”
or, if applicable:
“Shall members of the legislative body of the City of ____ be elected by (or from) districts, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?”
followed by the words “Yes” and “No,” so printed that the voters may express their choice.
(b) If a majority of the voters voting on the proposed ordinance vote in its favor, members of the legislative body shall be elected in the manner approved by the voters beginning at the first election following approval of the district boundaries pursuant to Section 34877.5, and for which the election consolidation deadlines established in the Elections Code have not passed.

SEC. 3.

 Section 34877 of the Government Code is amended to read:

34877.
 The proposition of altering legislative districts shall be printed on the ballots substantially as follows:
“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____?”
or, if applicable:
“Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?”
followed by the words “Yes” and “No,” so printed that the voters may express their choice.

SEC. 4.

 Section 34877.5 is added to the Government Code, 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 may 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 of the Elections Code.

SEC. 5.

 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  as nearly  equal in population as required by the United States Constitution.  may be.  The districts shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable. applicable provisions of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as amended. In establishing the boundaries of the districts, the legislative body may consider the following factors: 
(A) Topography.
(B) Geography.
(C) Cohesiveness, contiguity, integrity, and compactness of territory.
(D) Community of interests of the districts.
(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. 6.

 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).