This article applies to a charter city that elects members of the city’s legislative body by districts or from districts, as those terms are defined in Section 34871 of the Government Code.
City ElectionsChartered Cities
Section § 21620
This law specifies that it applies to charter cities where members of the city's government are chosen based on specific geographic areas called districts.
charter city legislative body election by districts
Section § 21621
When a city decides to elect its council members by districts, or after each U.S. national census for cities that already have district-based elections, the city council must establish district boundaries through an official ordinance or resolution.
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 pursuant to Chapter 2 (commencing with Section 21100).
district-based elections city council boundaries federal decennial census
Section § 21623
If a city expands by adding new land, the city council must include the new area in the nearest council district without changing other district boundaries. However, they can redraw all district boundaries if there are more than four years until a mandatory redistricting, and the new area has a population greater than 25% of the city's current population. This rule doesn't apply if a charter city has its own rules for incorporating new territories.
(a)CA Elections Code § 21623(a) If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries.
(b)CA Elections Code § 21623(b) Notwithstanding subdivision (a), the council may adopt new boundaries for each council district pursuant to Chapter 2 (commencing with Section 21100) if the boundaries of the city expand by the addition of new territory and if both of the following conditions are met:
(1)CA Elections Code § 21623(b)(1) There are more than four years
until the council is next required to redistrict pursuant to Section 21621.
(2)CA Elections Code § 21623(b)(2) The population of the new territory being annexed or consolidated is greater than 25 percent of the city’s population as determined by the most recent federal decennial census.
(c)CA Elections Code § 21623(c) This section does not apply to a charter city that has adopted, by ordinance or in its city charter, a different standard for adding new territory to existing council districts.
city expansion annexation consolidation
Section § 21625
After a city council completes redistricting, they generally can't change district boundaries again until after the next census, unless specific situations arise. These situations include a court order, resolving legal claims of unconstitutional boundaries, changes in city territory, altering the number of council members, or if a new independent redistricting commission is set up. However, cities establishing districts for the first time or transitioning from at-large elections are allowed to set up districts between censuses. Charter cities with their own redistricting rules are not bound by this law.
(a)CA Elections Code § 21625(a) After redistricting or districting, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances:
(1)CA Elections Code § 21625(a)(1) A court orders the council to redistrict.
(2)CA Elections Code § 21625(a)(2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article.
(3)CA Elections Code § 21625(a)(3) The boundaries of the city change by the addition of territory pursuant to Section 21623 or by the subtraction of territory.
(4)CA Elections Code § 21625(a)(4) The number of council members elected by districts or from districts is increased or decreased.
(5)CA Elections Code § 21625(a)(5) An independent redistricting commission, whose members are not directly appointed by the legislative body or an elected official of the local jurisdiction, is established to adopt new council districts between federal decennial censuses and the districts being replaced were adopted by the city council.
(b)CA Elections Code § 21625(b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections
by districts or from districts.
(c)CA Elections Code § 21625(c) This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.
redistricting district boundaries federal decennial census
Section § 21626
If you're a city council member in California, your role stays the same even if your district's boundaries change due to redistricting. You will keep representing the people in your original district until your term ends. However, the city can assign someone else to help constituents if redistricting leaves an area temporarily without representation.
After new district boundaries are decided, in the next regular city council election (not counting special elections), council members will be elected for districts that match the numbers of outgoing members, except when a city moves from at-large to district-based elections.
If a city uses both primary and general elections, council district boundaries can't change between these elections. To be eligible for a council office, you must meet certain state requirements.
(a)CA Elections Code § 21626(a) The term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the council member was elected and that member shall continue to represent the constituents residing in the district boundaries from which the member was elected for the duration of that term of office. This section does not prevent a city council from assigning a city elected official or city official to provide constituent services to residents of an area that is temporarily not represented by a council member due to redistricting.
(b)CA Elections Code § 21626(b) At the first election for council members in each city following
adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. This subdivision does not apply when a city transitions from at-large to district-based elections.
(c)CA Elections Code § 21626(c) For a city employing both a primary and a general election, a change in the boundaries of a council district shall not be made between the direct primary election and the general election.
(d)CA Elections Code § 21626(d) Except as provided in subdivision (a), a person is not eligible to hold office as a member of a city council unless that person meets the requirements of Section 201 of the Elections Code and Section 34882 of the
Government Code.
city council redistricting district boundaries constituent representation
Section § 21630
This law states that if a city council delegates the task of recommending or deciding on new district boundaries to a special type of commission (called a hybrid or independent redistricting commission), the city must still follow the same deadlines and rules for redistricting that the council would have to, unless a law says otherwise. The commission is allowed to do all the redistricting tasks that the city council would normally do.
If a council assigns the responsibility to recommend or to adopt new district boundaries to a hybrid or independent redistricting commission as defined in Section 23000, the charter city remains subject to the redistricting deadlines, requirements, and restrictions that apply to the council under this article and Chapter 2 (commencing with Section 21100), unless otherwise exempted by law. A redistricting commission described in this section may perform the duties required of a city council under this article.
redistricting commission district boundaries hybrid commission
