This article applies to a general law 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 ElectionsGeneral Law Cities
Section § 21600
This law is about general law cities in California that choose to elect their city council (or similar legislative bodies) through a district-based system. It is specifically for cities that opt for electing these members either "by districts" or "from districts," as per the definitions in another section of the Government Code.
general law city city legislative body electing city council
Section § 21601
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 § 21603
If a city in California expands by adding new areas, whether by annexing unincorporated land or merging with another city, the city council must include this new area into the closest existing city council district without altering other district boundaries.
However, the council can decide to redraw all council district boundaries if two conditions are met: there are more than four years until the next scheduled redistricting, and the new area's population is more than 25% of the city's current population according to the most recent federal census.
(a)CA Elections Code § 21603(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 § 21603(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 § 21603(b)(1) There are more than four years
until the council is next required to redistrict pursuant to Section 21601.
(2)CA Elections Code § 21603(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.
city council city expansion annexation
Section § 21605
This law explains when a city council in California can change the boundaries of council districts outside of the normal redistricting cycle, which typically follows the federal census every ten years.
Generally, the council must wait until the next census counts, unless specific situations arise: if a court orders redistricting, if there's a legal claim that current boundaries are unconstitutional or violate voting rights laws, if the city's boundaries change by adding or subtracting land, if the number of council members changes, or if an independent redistricting commission is established to redraw the lines. Additionally, this rule doesn't stop councils from setting up district elections for the first time between census counts, even if they're switching from at-large elections to district-based elections.
(a)CA Elections Code § 21605(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 § 21605(a)(1) A court orders the council to redistrict.
(2)CA Elections Code § 21605(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 § 21605(a)(3) The boundaries of the city change by the addition of territory pursuant to Section 21603 or by the subtraction of territory.
(4)CA Elections Code § 21605(a)(4) The number of council members elected by districts or from districts is increased or decreased.
(5)CA Elections Code § 21605(a)(5) An independent redistricting commission is established pursuant to Section 23003 to adopt new council districts between federal decennial censuses and the districts being replaced were adopted by the city council.
(b)CA Elections Code § 21605(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.
redistricting exceptions council district boundaries federal decennial census
Section § 21606
This section explains that if a city council district's boundaries change, it doesn't cut short the term of current council members. They still represent their original district until their term ends, even if the district shape changes. However, city officials can still help areas that temporarily lack representation.
After new district lines are drawn, during the next regular council elections, each district will elect a member corresponding to the district number due for election, except when moving from at-large to district voting.
It also states that to be eligible for city council, candidates must fulfill certain criteria in existing laws.
(a)CA Elections Code § 21606(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 § 21606(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 § 21606(c) 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.
redistricting effects council member terms district boundary changes
