Code Section Group

Elections Code - ELEC

DIVISION 21. STATE AND LOCAL REAPPORTIONMENT [21000 - 23004]

  ( Division 21 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 8. Special Districts [22000 - 22002]
  ( Chapter 8 added by Stats. 1998, Ch. 435, Sec. 1. )

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. 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 change in division boundaries may 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 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 section shall 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.

(Amended by Stats. 2015, Ch. 732, Sec. 40. (AB 1536) Effective January 1, 2016.)

22000.1.
  

(a) Notwithstanding Section 22000, Section 61026 of the Government Code, Section 6592 or 13847 of the Health and Safety Code, Section 5785.1 of the Public Resources Code, Section 28750.2 of the Public Utilities Code, or any other law, the board of directors of a district that is required to adjust division boundaries after each federal decennial census shall adopt the adjusted boundaries of the divisions not later than the deadlines provided in subdivision (b).

(b) (1) The governing board of a district that has a regular election to elect members of its governing board on the same date as the 2022 statewide general election shall adopt adjusted division boundaries no later than April 17, 2022.

(2) The governing board of a district that does not have a regular election to elect members of its governing board on the same date as the 2022 statewide general election shall adopt adjusted division boundaries prior to 180 days before the district’s first regular election to elect members of the governing board occurring after January 1, 2022.

(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

(Added by Stats. 2021, Ch. 320, Sec. 5. (SB 594) Effective September 27, 2021. Repealed as of January 1, 2023, by its own provisions.)

22001.
  

Before adjusting the boundaries of a division pursuant to Section 22000 or for any other reason, the governing body of the district shall hold at least one public hearing on the proposal to adjust the boundaries of the division prior to the public hearing at which the governing body votes to approve or defeat the proposal.

(Added by Stats. 2014, Ch. 873, Sec. 8. (AB 1440) Effective January 1, 2015.)

22002.
  

For purposes of this chapter, the date of adoption of a resolution adjusting division boundaries is the date of passage of the resolution by the board.

(Added by Stats. 2021, Ch. 320, Sec. 6. (SB 594) Effective September 27, 2021.)

ELECElections Code - ELEC