Advisory And Independent Redistricting Commissions - - CA Elections

Section § 23000

This law section defines important terms related to the process of redistricting in California. It explains that an 'advisory redistricting commission' makes suggestions about where district boundaries should be placed. A 'hybrid redistricting commission' recommends multiple potential boundary maps and requires a legislative body to choose one without changes, unless required by other laws. An 'independent redistricting commission' has the power to set the boundaries directly. The term 'legislative body' includes entities like county boards and city councils, but not charter cities. It also defines 'family member' and 'spouse' for the purposes of this chapter.

For purposes of this chapter, the following terms have the following meanings:

(a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body.

(b) “Family member” means a spouse, parent, sibling, child, or in-law.

(c) “Hybrid redistricting commission” means a body that recommends to a legislative body two or more maps for the placement of the district boundaries for that legislative body, where the legislative body must adopt one of those maps without modification, except as may be required to comply with state or federal law.

(d) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body.

(e) “Legislative body” means a county board of supervisors, a city council of a general law city, a governing board of a school district, a governing board of a community college district, or an elected governing board of a special district.

(f) “Local jurisdiction” means a county, general law city, school district, community college district, or special district. “Local jurisdiction” does not include a charter city.

(g) “Redistricting” means either districting or redistricting.

(h) “Spouse” means a spouse or registered domestic partner.

advisory redistricting commission hybrid redistricting commission independent redistricting commission district boundaries placement of districts legislative body county board of supervisors city council school district community college district special district local jurisdiction charter city exclusion redistricting definitions spouse definition

(Amended by Stats. 2020, Ch. 90, Sec. 28. (AB 1276) Effective January 1, 2021.)

Section § 23001

This law allows local governments to set up independent, hybrid, or advisory redistricting commissions. These commissions, made up of local residents, can alter the boundaries of legislative districts or make recommendations for changes to those boundaries.

A local jurisdiction may establish by resolution, ordinance, or charter amendment an independent redistricting commission, a hybrid redistricting commission, or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries.

independent redistricting commission hybrid redistricting commission advisory redistricting commission local jurisdiction district boundaries legislative body boundary changes local government commissions resident participation charter amendment resolution ordinance commission composition boundary recommendation redistricting process

(Amended by Stats. 2018, Ch. 462, Sec. 2. (SB 1018) Effective January 1, 2019.)

Section § 23002

This law relates to advisory redistricting commissions within local jurisdictions. It sets out that these commissions can decide how their members are appointed, as long as the legislative body or local elected officials don't make the appointments directly. Furthermore, elected officials and their immediate family or staff are barred from serving on the commission. Local jurisdictions are allowed to enforce stricter requirements if they choose. The commissions must also comply with the Ralph M. Brown Act and the California Public Records Act, which ensure transparency and public access to meetings and records.

(a) This section applies to advisory redistricting commissions.

(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the commissioners are not appointed by the legislative body or an elected official of the local jurisdiction.

(c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission.

(d) A local jurisdiction may impose additional requirements or restrictions on the commission, members of the commission, or applicants to the commission in excess of those prescribed by this section.

(e) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

advisory redistricting commissions appointment process elected officials restrictions local jurisdiction commission membership conflict of interest transparency requirements Ralph M. Brown Act compliance California Public Records Act public access meetings transparency record transparency member restrictions additional local requirements commission regulations

(Amended by Stats. 2023, Ch. 343, Sec. 54. (AB 764) Effective January 1, 2024.)

Section § 23003

This section sets rules for creating redistricting commissions that draw boundaries for voting districts. It covers both hybrid and independent commissions, focusing on ensuring fairness and independence from political influence.

Members must be chosen through an application that's open to all eligible residents, but current politicians or their family cannot join if they've had certain political or lobbying roles in the past eight years. Commission members can't engage in political campaign activities while serving.

The commission must represent multiple political views and follow transparency laws like the Ralph M. Brown Act. They must publicize new district maps for public review and hold hearings before adopting them. Additionally, they must not draw boundaries to favor any political party or candidate, and changes to maps can't take place until the next federal census unless ordered by a court.

Local jurisdictions can set further restrictions beyond what's outlined here, keeping the process open and non-partisan.

(a) This section applies to hybrid redistricting commissions and independent redistricting commissions.

(b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents and provided that the commissioners are not appointed by the legislative body or an elected official of the local jurisdiction.

(c) A person shall not be appointed to serve on the commission if the person or any family member of the person has been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction in the eight years preceding the person’s application.

(d) A person shall not be appointed to serve on the commission if either of the following applies:

(1) The person or the person’s spouse has done any of the following in the eight years preceding the person’s application:

(A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction.

(B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee.

(C) Served as a staff member or a consultant to, or who has contracted with, a currently serving elected officer of the local jurisdiction.

(D) Been registered to lobby the local jurisdiction.

(E) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero.

(2) A family member of the person, other than the person’s spouse, has done any of the following in the four years preceding the person’s application:

(A) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction.

(B) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee.

(C) Served as a staff member of or consultant to, or has contracted with, a currently serving elected officer of the local jurisdiction.

(D) Been registered to lobby the local jurisdiction.

(e) A member of the commission shall not do any of the following:

(1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction.

(2) Be a candidate for an elective office of the local jurisdiction if any of the following is true:

(A) Less than five years has elapsed since the date of the member’s appointment to the commission.

(B) The election for that office will be conducted using district boundaries that were adopted by the commission on which the member served, and those district boundaries have not been subsequently readopted by a commission after the end of the member’s term on the commission.

(C) The election for that office will be conducted using district boundaries that were adopted by a legislative body pursuant to a recommendation by the commission on which the member served, and those district boundaries have not been subsequently readopted by a legislative body pursuant to a recommendation by a commission after the end of the member’s term on the commission.

(3) For four years commencing with the date of the person’s appointment to the commission:

(A) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction.

(B) Receive a noncompetitively bid contract with the local jurisdiction.

(4) For two years commencing with the date of the person’s appointment to the commission, accept an appointment to an office of the local jurisdiction.

(f) The commission shall not be comprised entirely of members who are registered to vote with the same political party preference.

(g) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code.

(h) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(i) The commission shall be subject to the same redistricting deadlines, requirements, and restrictions that would otherwise apply to a legislative body. A local jurisdiction may also impose additional requirements and restrictions on the commission, on members of the commission, or on applicants to the commission in excess of those prescribed by this section.

(j) The commission shall publish a map of the proposed new district boundaries and make that map available to the public for at least seven days before that map may be adopted. The commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted.

(k) The commission shall not draw districts for the purpose of favoring or discriminating against a political party or an incumbent or political candidate.

(l) District boundaries adopted by an independent redistricting commission or adopted by a legislative body from recommendations provided by a hybrid redistricting commission, shall not be altered by the legislative body or the commission until after the next federal decennial census occurs, unless those boundaries have been invalidated by a final judgment or order of a court of competent jurisdiction.

(m) For the purposes of subdivisions (c) and (d), “local jurisdiction” does not include a local jurisdiction that contracts with a county independent redistricting commission pursuant to Section 23004.

redistricting commissions hybrid commissions independent commissions application process political influence campaign contributions conflict of interest Ralph M. Brown Act California Public Records Act public hearings district boundaries political party preference federal decennial census non-partisan redistricting political activities restrictions

(Amended by Stats. 2023, Ch. 343, Sec. 55. (AB 764) Effective January 1, 2024.)

Section § 23004

This law allows a city or local area, excluding counties, to work together with the county where it's located if that county has an independent redistricting commission. The commission can then set the election district boundaries for the city or local area. However, the commission must hold at least three public hearings in the local area before making any decisions on the boundaries.

A local jurisdiction, except for a county, may contract with a county in which the local jurisdiction is partially or wholly located that has established an independent redistricting commission to have that commission adopt the local jurisdiction’s election district boundaries. The county independent redistricting commission shall hold at least three public hearings in the local jurisdiction before adopting those boundaries.

local jurisdiction county independent redistricting commission election district boundaries public hearings redistricting process collaboration with county local area governance adopting boundaries public involvement electoral districts

(Added by Stats. 2018, Ch. 462, Sec. 5. (SB 1018) Effective January 1, 2019.)