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SB-443 Elections: redistricting.(2021-2022)

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Date Published: 02/16/2021 09:00 PM
SB443:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 443


Introduced by Senator Newman

February 16, 2021


An act to amend Sections 1002 and 5019.5 of the Education Code, to amend Sections 21500, 21601, 21609, 21621, 21629, and 22000 of, and to add Sections 10650.1, 21601.1, and 21621.1 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 443, as introduced, Newman. Elections: redistricting.
The California Constitution establishes an hierarchy of criteria for establishing or adjusting districts for the Senate, Assembly, Congress, and State Board of Equalization. Existing law establishes separate criteria for establishing or adjusting district boundaries for the members of the governing body of a county board of education, school district, community college district, special district, city, or county.
This bill would make the criteria for the district boundaries of these political subdivisions consistent with the criteria for Senate, Assembly, Congress, and State Board of Equalization districts established under the Constitution. This bill would make related technical and conforming changes.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) Since the enactment of the California Voting Rights Act of 2001, hundreds of political subdivisions have adopted district elections, and still many other political subdivisions had already employed district elections.
(b) In endorsing specific districting criteria in Article XXI of the California Constitution in 2008 and 2010, the people of the State of California expressed their view of the proper criteria for drawing election districts.
(c) It is the intent of the Legislature that the right to vote, the right to equal protection under the law, and the integrity of the electoral process be respected in the formation and adjustment of election district boundaries in elections for the governing boards of all political subdivisions of the State of California.
(d) It is the further intent of the Legislature that election districts for the governing boards of all political subdivisions be drawn, adjusted, and maintained in a manner that promotes representative democracy and is not exploited for individual, political, or partisan advantage.

SEC. 2.

 Section 1002 of the Education Code is amended to read:

1002.
 (a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county, or propose to increase or decrease the number of members of the county board of education, or both. The trustee areas shall be as nearly equal in population as may be, except that in establishing or changing the boundaries of the trustee areas the county committee may give consideration to the following factors: drawn using the following exclusive criteria as set forth in the following order of priority:
(1) Topography. Trustee areas shall comply with the United States Constitution. Trustee areas shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) Geography. Trustee areas shall comply with the federal Voting Rights Act (52 U.S.C. 1010 et seq.).
(3) Cohesiveness, contiguity, integrity, and compactness of territory. Trustee areas shall be geographically contiguous.
(4) Community of interests of the trustee areas. The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, trustee areas shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.

In any event, the county committee shall ensure that trustee areas are as nearly equal in population as practicable.

(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Trustee areas shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(c) Trustee areas inconsistent with the criteria set forth in this section shall not be drawn or maintained.

(b)

(d)Following each decennial federal census, and using population figures validated by the Demographic Research Unit of the Department of Finance as a basis, the county committee shall adjust the boundaries of any or all of the trustee areas of the county board of education as necessary to meet the population criteria set forth in subdivision (a).

(c)

(e) Changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year.

(d)

(f) In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the county committees on school district organization shall fix the boundaries of trustee areas, insofar as possible, to coincide with the boundaries of school districts.

(e)

(g) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, the election for members of the county board of education shall be consolidated with the countywide election.

SEC. 3.

 Section 5019.5 of the Education Code is amended to read:

5019.5.
 (a) Following each decennial federal census, and upon establishment of trustee areas, using population figures as validated by the Demographic Research Unit of the Department of Finance as a basis, the governing board of each school district or community college district in which trustee areas have been or are being established, and in which each trustee is or will be elected by the residents of the area the trustee represents, shall adjust or establish the boundaries of any or all of the trustee areas of the district so that one or both of the following conditions is satisfied: using the following exclusive criteria in the following order of priority:
(1) The population of each area is, as nearly as may be, the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board. Trustee areas shall comply with the United States Constitution. Trustee area shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) The population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. Trustee areas shall comply with the federal Voting Rights Act (52 U.S.C. Sec. 10101 et seq.).
(3) Trustee areas shall be geographically contiguous.
(4) The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, trustee areas shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Trustee areas shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(c) Trustee areas inconsistent with the criteria set forth in this section shall not be drawn or maintained.

(b)

(d) The boundaries of the trustee areas shall be adjusted by the governing board of each school district or community college district, in accordance with subdivision (a), before the first day of March of the year following the year in which the results of each decennial census are released. If the governing board fails to adjust the boundaries before the first day of March of the year following the year in which the results of each decennial census are released, the county committee on school district organization shall do so before the 30th day of April of the same year.
The governing board of the school district or community college district shall reimburse all reasonable costs incurred by a county committee in adjusting the boundaries pursuant to this subdivision.

(c)

(e) Except to the extent that the adjustment of trustee area boundaries is necessary for the purposes set forth in this section, the authority to establish or abolish trustee areas, rearrange the boundaries of trustee areas, increase or decrease the number of members of the governing board, or adopt any method of electing governing board members may be exercised only as otherwise provided under this article.

SEC. 4.

 Section 10650.1 is added to the Elections Code, to read:

10650.1.
 (a) Whenever election districts are established for the governing body of a special district pursuant to Section 10650, or the boundaries of such districts are adjusted for any reason, the districts shall be drawn using the following exclusive criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States Constitution. Districts shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) Districts shall comply with the federal Voting Rights Act (52 U.S.C. Sec. 10101 et seq.).
(3) Districts shall be geographically contiguous to the extent possible in keeping with population equality.
(4) The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(b) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(c) Districts drawn pursuant to Section 10010 or Section 14029 of this Code shall be drawn in furtherance of the remedial purpose of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).
(d) Districts inconsistent with the criteria set forth in this section shall not be drawn or maintained by a special district.

SEC. 5.

 Section 21500 of the Elections Code is amended to read:

21500.
 (a) Following a county’s decision to elect its board using district-based elections, or following each federal decennial census for a county whose board is already elected using district-based elections, the board shall adopt boundaries for 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. using the following exclusive criteria as set forth in the following order of priority:
(1) Population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available. Supervisorial districts shall comply with the United States Constitution. Districts shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) Supervisorial districts shall comply with the federal voting rights act (52 U.S.C. Sec. 10101 et seq.).
(3) Supervisorial districts shall be geographically contiguous to the extent possible in keeping with population equality.
(4) The geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, supervisorial districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(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.). (1) For the purposes of this section, population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a county’s 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 of 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.

(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.

(c) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Supervisorial districts shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(d) The board shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party. Supervisorial districts inconsistent with the criteria set forth in this section shall not be drawn or maintained.

SEC. 6.

 Section 21601 of the Elections Code is amended to read:

21601.
 (a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, 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. in accordance with Section 21601.1.

(1)Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.

(2)Notwithstanding paragraph (1), an incarcerated person as that term is used in Section 21003, shall not be counted towards a city’s 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. 7.

 Section 21601.1 is added to the Elections Code, to read:

21601.1.
 (a) Whenever council districts are established, or the boundaries of council districts are adjusted for any reason, the districts shall be drawn using the following exclusive criteria as set forth in the following order of priority:
(1) Council districts shall comply with the United States Constitution. Council districts shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) Council districts shall comply with the federal Voting Rights Act (52 U.S.C. Sec. 10101 et seq.).
(3) Council districts shall be geographically contiguous to the extent possible in keeping with population equality.
(4) The geographic integrity of any local neighborhood, or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, council districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(b) (1) For the purposes of this section, population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s 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 of 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.
(c) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Council districts shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(d) Council districts drawn pursuant to Section 10010 or Section 14029 of this Code shall be drawn in furtherance of the remedial purpose of the California Voting Rights Act of 2001 (Elec. Code Sec. 14025 et seq.).
(e) Council districts inconsistent with the criteria set forth in this section shall not be drawn or maintained by a general law city.

SEC. 8.

 Section 21609 of the Elections Code is amended to read:

21609.
 (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21602, 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 resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21601, 21601.1, which shall be used in the city’s 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 master’s staff.
(5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s order were an enacted resolution or ordinance of the city council.

SEC. 9.

 Section 21621 of the Elections Code is amended to read:

21621.
 (a) Following a city’s decision to elect its council using district-based elections, or following each federal decennial census for a city whose council is already elected using district-based elections, 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. in accordance with Section 21621.1.

(1)Population equality shall be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.

(2)Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s 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.

(e)Subdivision (c) does not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria in its city charter. For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more traditional criteria for redistricting other than the requirement that districts be equal in population.

SEC. 10.

 Section 21621.1 is added to the Elections Code, to read:

21621.1.
 (a) Whenever council districts are established, or the boundaries of council districts are adjusted for any reason, the districts shall be drawn using the following exclusive criteria as set forth in the following order of priority:
(1) Council districts shall comply with the United States Constitution. Council districts shall achieve population equality as nearly as is practicable, except where deviation is required to comply with the federal Voting Rights Act.
(2) Council districts shall comply with the federal Voting Rights Act (52 U.S.C. Sec. 10101 et seq.).
(3) Council districts shall be geographically contiguous to the extent possible in keeping with population equality.
(4) The geographic integrity of any local neighborhood, or local community of interest shall be respected in a manner that minimizes their division to the extent possible without violating the requirements of any of the preceding paragraphs. A community of interest is a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, a rural area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.
(5) To the extent practicable, and where this does not conflict with the criteria above, council districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.
(b) (1) For the purposes of this section, population equality shall be based on the total population of residents of the county as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a city’s 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 of 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.
(c) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Council districts shall not be drawn or maintained for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.
(d) Council districts drawn pursuant to Section 10010 or Section 14029 of this Code shall be drawn in furtherance of the remedial purpose of the California Voting Rights Act of 2001 (Elec. Code Sec. 14025 et seq.).
(e) Council districts inconsistent with the criteria set forth in this section shall not be drawn or maintained by a charter city.
(f) The Legislature finds and declares that the fair and lawful development of election districts consistent with this section is essential to the integrity of the electoral process, and accordingly is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 11.

 Section 21629 of the Elections Code is amended to read:

21629.
 (a) If the council does not adopt council district boundaries by the deadlines set forth in Section 21622, 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 resident’s reasonable attorney’s fees and costs from the city for doing so.
(b) (1) Upon finding that a petition filed pursuant to subdivision (a) is valid, the superior court shall adopt council district boundaries in accordance with the criteria set forth in Section 21621, 21621.1, which shall be used in the city’s 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 master’s staff.
(5) The council district boundaries adopted by the superior court shall be immediately effective in the same manner as if the court’s 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. 12.

 Section 22000 of the Elections Code is amended to read:

22000.
 (a) Each district required by its authorizing act to adjust division boundaries pursuant to this section shall, by resolution, after each federal decennial census, and using that census as a basis, adjust the boundaries of any divisions so that the divisions are, as far as practicable, equal in population and in compliance with Section 10301 of Title 52 of the United States Code, as amended, to the extent those provisions apply. In adjusting the boundaries of the divisions, the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the division. consistent with the criteria and requirements set forth in Section 10650.1. This section does not apply to divisions in which only landowners vote for directors or whose directors are all elected at large or appointed.
(b) The resolution specified in subdivision (a) shall be adopted by a vote of not less than a majority of the directors.
(c) At the time of, or after, any annexation of territory to the district, the board of directors shall designate, by resolution, the division of which the annexed territory shall be a part.
(d) No A change in division boundaries may shall not be made within 180 days preceding the election of any director.
(e) (1) A change in division boundaries shall not affect the term of office of any director.
(2) If division boundaries are adjusted, the director of the division whose boundaries have been adjusted shall continue to be the director of the division bearing the number of his or her the director’s division as formerly comprised until the office becomes vacant by means of term expiration or otherwise, whether or not the director is a resident within the boundaries of the division as adjusted.
(f) The successor to the office in a division whose boundaries have been adjusted shall be a resident and voter of that division.
(g) A district is not required to adjust the boundaries of any divisions pursuant to this section until after the 2000 federal decennial census.
(h) Nothing in this This section shall not be construed to prohibit or restrict a district from adjusting the boundaries of any divisions whenever the governing body of the district determines by a two-thirds vote of the governing body that a sufficient change in population has occurred that makes it desirable in the opinion of the governing body to adjust the boundaries of any divisions, or whenever any territory is added by or excluded from the district.