California 2015-2016 Regular Session Status: Enacted

AB 350 — District-based municipal elections: preapproval hearings.

Last action — Chaptered by Secretary of State - Chapter 737, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by districts formed within the political subdivision (district-based) . Existing law requires a political subdivision, as defined, that changes from an at-large method of election to a district-based election to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. This bill would instead require a political subdivision that changes to, or establishes, district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. Existing law, the California Voting Rights Act of 2001 (CVRA) , prohibits the use of an at-large method of election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce its provisions. This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation, and it would stay the prospective plaintiff's ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice. Because the bill would impose additional duties on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 737, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 22. Page 6537.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 29).

  6. From committee: That the Senate amendments be concurred in, but first be re-referred to Com. on E. & R. (Ayes 6. Noes 3.) (August 25). Re-referred to Com. on E. & R.

  7. (pending re-referral to the Com. on E. & R.)

  8. Assembly Rule 56 suspended. (Page 6294.)

  9. Joint Rule 62(a), file notice suspended. (Page 6265.)

  10. Re-referred to Coms. on JUD. and E. & R. pursuant to Assembly Rule 77.2.

  11. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  12. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 12. Page 5250.).

  13. Read second time. Ordered to third reading.

  14. Read third time and amended. Ordered to second reading.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  17. In committee: Referred to APPR. suspense file.

  18. Re-referred to Com. on APPR.

  19. Withdrawn from committee.

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (June 21). Re-referred to Com. on JUD.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  23. Referred to Coms. on E. & C.A. and JUD.

  24. In Senate. Read first time. To Com. on RLS. for assignment.

  25. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 25. Page 3474.)

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 7. Noes 3.) (January 19).

  28. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 2.) (January 13). Re-referred to Com. on JUD.

  29. (pending re-refer to Com. on JUD.)

  30. Assembly Rule 56 suspended. (Page 3367.)

  31. From committee: Be re-referred to Coms. on E. & R. and JUD. (Ayes 11. Noes 0.) (January 5). Re-referred to Com. on E. & R.

  32. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  33. Re-referred to Com. on AGRI.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.

  35. Referred to Com. on AGRI.

  36. From printer. May be heard in committee March 20.

  37. Read first time. To print.

Sponsors

  • Alejo · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Alejo

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 350 ALEJO Concurrence in Senate Amendments

Passed 57 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 511801
Democratic 5000
Republican 1400
Total 572201
% of votes cast 71%28%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Nazarian — Yea
Olsen — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Waldron — Nay
Williams — Yea
Eggman — Yea
Chu — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Chang — Yea
Atkins — Yea
Levine — Yea
Linder — Yea
Bloom — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Gray — Not Voting
Hadley — Nay
Harper — Nay
Kim — Nay
Mayes — Nay
Bigelow — Nay
Chávez — Nay
Melendez — Nay
Obernolte — Nay
Wagner — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in, but first be re-referred to Com. on [Elections and Redistricting]

Passed 6 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Republican 0100
Total 6301
% of votes cast 60%30%0%10%
How each member voted (10)
Member Party Vote
Alejo — Yea
Holden — Yea
Maienschein — Nay
Chau — Yea
Chiu — Yea
Ting — Yea
Wagner — Nay
Cristina Garcia — Not Voting
Mark Stone — Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading AB350 Alejo By Hueso

Passed 27 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 251100
Democratic 2100
Total 271200
% of votes cast 69%31%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hertzberg — Yea
Huff — Nay
Lara — Yea
Fuller — Nay
Galgiani — Yea
Hill — Yea
Allen — Yea
Pan — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Bates — Nay
Moorlach — Nay
Morrell — Nay
Vidak — Nay
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Nielsen — Nay
Hill — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 350 ALEJO Assembly Third Reading

Passed 50 Yea · 25 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 462004
Democratic 4000
Republican 0500
Total 502504
% of votes cast 63%32%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Rendon — Yea
Burke — Yea
Chau — Yea
Eggman — Yea
Chiu — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Low — Yea
McCarty — Yea
Lopez — Yea
Medina — Yea
Mullin — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Dodd — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Chu — Yea
Atkins — Yea
Harper — Nay
Chávez — Nay
Levine — Yea
Linder — Yea
Melendez — Nay
Olsen — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Williams — Yea
Wood — Yea
Hadley — Not Voting
Chang — Nay
Dababneh — Not Voting
Kim — Nay
Mayes — Nay
Nazarian — Not Voting
Obernolte — Nay
Steinorth — Nay
Waldron — Nay
Wilk — Nay
Gordon — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Republican 0100
Total 7300
% of votes cast 70%30%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
O'Donnell — Yea
Chiu — Yea
Chau — Yea
Holden — Yea
Maienschein — Nay
Wagner — Nay
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does AB 350 do?
Existing law provides for political subdivisions that encompass areas of representation within the state. With respect to these areas, public officials are generally elected by all of the voters of the political subdivision (at-large) or by districts formed within the political subdivision (district-based) . Existing law requires a political subdivision, as defined, that changes from an at-large method of election to a district-based election to hold at least 2 public hearings on a proposal to establish the district boundaries of the political subdivision before a public hearing at which the governing body of the political subdivision votes to approve or defeat the proposal. This bill would instead require a political subdivision that changes to, or establishes, district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, as specified. Existing law, the California Voting Rights Act of 2001 (CVRA) , prohibits the use of an at-large method of election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce its provisions. This bill would require a prospective plaintiff under the CVRA to first send a written notice to the political subdivision against which the action would be brought indicating that the method of election used by the political subdivision may violate the CVRA. The bill would permit the political subdivision to take ameliorative steps to correct the alleged violation before the prospective plaintiff commences litigation, and it would stay the prospective plaintiff's ability to file suit for a prescribed amount of time. This bill would also permit a prospective plaintiff who sent a written notice, as described, to recover from the political subdivision reasonable costs incurred in supporting the written notice. Because the bill would impose additional duties on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 350?
AB 350 is sponsored by Alejo.
What is the current status of AB 350?
This bill has been enacted into law. Introduced February 17, 2015. Enacted.
Where can I track AB 350?
Track AB 350 free on One Click Politics — get push/email alerts when it moves.

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