SENATE RULES COMMITTEE
Office of Senate Floor Analyses
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SB 493
THIRD READING
Bill No:
Author:
Amended:
Vote:
SB 493
Cannella (R)
4/20/15
21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 5/6/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SUBJECT: Elections in cities: by or from districts.
SOURCE: Author
DIGEST: This bill authorizes the legislative body of a city to adopt an ordinance
that requires members of the legislative body to be elected by district or by district
with an elective mayor without being required to submit the ordinance to the voters
for approval.
ANALYSIS:
Existing law:
1)
Permits a general law city that elects its councilmembers through
at-large elections to change to a by-district electoral system, provided that the
city’s voters approve the change through a ballot measure or the initiative
process.
2)
Prohibits cities from imposing at-large city council elections in a
manner that impairs the ability of minority groups to elect a candidate of their
choice, or minorities’ ability to influence the outcome of an election.
3)
Requires courts, in cases where at-large city council elections
impermissibly result in racially polarized voting, to implement appropriate
remedies, including the imposition of district-based elections.
SB 493
Page 2
This bill allows the legislative body of a city to adopt an ordinance that requires
members of the city’s legislative body to be elected by district or by district with
an elective mayor, without having to submit the ordinance to the city’s voters for
approval.
Background
Existing law permits a general law city that elects its councilmembers through atlarge elections to provide for city council members to be elected by district. A city
may only change its election method after the city’s voters approve a measure
proposing a switch. The measure can either be submitted to the voters by the city
council or placed on the ballot through the initiative process.
The California Voting Rights Act of 2001 (CVRA) prohibits cities from imposing
at-large city council elections in a manner that impairs the ability of minority
groups to elect a candidate of their choice, or minorities’ ability to influence the
outcome of an election. The CVRA was enacted to address racial block voting in
at-large elections for local office in California, in which an at-large method of
election dilutes the voting rights of minority communities if the majority usually
votes for majority candidates rather than for minority candidates. In such
situations, breaking up a jurisdiction into districts can result in districts in which a
minority community can elect the candidate of its choice or otherwise have the
power to influence the outcome of an election. If a judge finds that a city’s at-large
election method violates the CVRA, state law requires the court to implement
appropriate remedies, including the imposition of district-based elections.
Over 130 local governments have switched from at-large to district-based elections
since the enactment of the CVRA in 2001. While some jurisdictions did so in
response to litigation or threats of litigation, other jurisdictions proactively changed
election methods because they believed they could be susceptible to a legal
challenge under the CVRA, and they wished to avoid the potential expense of
litigation. However, submitting an ordinance to voters via the ballot initiative
process can be cumbersome and costly. Furthermore, there is no guarantee that a
city’s voters will approve a proposed change, no matter how proactive the city
council.
Therefore, some officials now seek to remove the requirement in state law that
they must obtain voter approval before changing their electoral system.
FISCAL EFFECT: Appropriation: No
SUPPORT: (Verified 5/8/15)
Fiscal Com.:
No
Local: No
SB 493
Page 3
City of Ceres
City of Greenfield
Latino Community Roundtable
League of California Cities
OPPOSITION: (Verified 5/8/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “California cities have
commonly used at-large election methods to select their legislative bodies.
However, since the passage of the California Voting Rights of 2001 (CVRA),
many cities have switched from electing their city councils at-large to by-district.
Those continuing to use at-large elections have increasingly found themselves
faced with lawsuits asserting that racially polarized voting is occurring and
demanding that district-based elections be implemented.
“SB 493 would allow general law cities to switch from at-large city council
elections to district-based without a vote of the people.”
Prepared by: Toren Lewis / GOV. & F. / (916) 651-4119
5/8/15 15:09:23
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