On October 10, 2015, Governor Brown signed a package of legislation aimed at improving elections and expanding voter rights and access in California. Senate Bill 493 (“SB 493”) and Assembly Bill 277 (“AB 277”) will have a significant impact on general law cities and charter cities, respectively, as cities around the state make changes to comply with the California Voting Rights Act (“CVRA”).

(1) SB 493
Among the measures signed in to law, SB 493 will have an impact on general law cities with a population of fewer than 100,000, allowing them to use the ordinance process to switch from an “at-large” to a “by-district” election system.

Prior to SB 493, cities could only transition from an at-large election system to a by-district or from-district system by submitting the proposed ordinance to voters. A city could only change its election method after the city’s voters approved a measure proposing a switch. Placing those items on the ballot can be complex and expensive for municipal entities.

SB 493 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. The bill is limited to cities with a population of fewer than 100,000 people, as determined by the most recent federal decennial census. SB 493 only applies to a change from an “at-large” system to “by-district”. Existing law is unchanged with regard to “from district”. A city wishing to transition to a “from district” election system must submit an ordinance to the voters.

SB 493 gives cities a much-needed tool that can be used to address concerns regarding violation of the CVRA in a more efficient and cost-effective manner.

(2) AB 277 – Charter Cities and Counties

Governor Brown also signed AB 277, confirming the applicability of the CVRA to charter cities. The CVRA provides that a voter who is a member of a protected class and who resides in a political subdivision where a violation of the act occurs may bring an action in superior court to enforce the provisions.

Under existing law, the CVRA defines “political subdivision” as meaning the geographic area of representation created for the provision of government services, including, but not limited to, a city, school district, community college district, or other district organized pursuant to state law. AB 277 amended the CVRA’s definition of “political subdivision” to reflect the holding of state courts, expressly including a charter city, charter county, or charter city and county.

(3) Bills Vetoed by the Governor

In addition, Governor Brown vetoed three bills that would have otherwise affected city elections systems:

• AB 182 – This bill would have authorized challenges under the CVRA to by-district election maps in state court. State courts would have been required to implement specified remedies upon finding out that a district based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice. Instead, challenges to by-district maps will continue to be determined by the rules of the Federal Voting Rights Act.
• AB 254 – This bill would have compelled local jurisdictions to consolidate election dates with statewide elections. Governor Brown previously signed SB 415, which had a similar purpose.
• AB 1301 – This bill would have established a California-only preclearance system for changes to voting procedures similar to the preclearance requirements of the Federal Voting Rights Act. The Governor expressed in a statement that he was “unconvinced that a California-only preclearance system is needed.”

For questions regarding SB 493, AB 277, or any other issues affecting cities and public entities, please contact Douglas L. White at Churchwell White LLP: (916) 468-0950 or doug@whitebrennerllp.com.