Article 2 - Chartered Cities

California Elections Code — §§ 21620-21630

Sections (6)

Amended by Stats. 2023, Ch. 343, Sec. 39. (AB 764) Effective January 1, 2024.

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.

§ 21621

Amended by Stats. 2023, Ch. 343, Sec. 40. (AB 764) Effective January 1, 2024.

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).

§ 21623

Amended by Stats. 2023, Ch. 343, Sec. 42. (AB 764) Effective January 1, 2024.

(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)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)There are more than four years

until the council is next required to redistrict pursuant to Section 21621.

(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)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.

§ 21625

Amended by Stats. 2023, Ch. 343, Sec. 43. (AB 764) Effective January 1, 2024.

(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)A court orders the council to redistrict.

(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)The boundaries of the city change by the addition of territory pursuant to Section 21623 or by the subtraction of territory.

(4)The number of council members elected by districts or from districts is increased or decreased.

(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)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)This section does not apply to a charter city that has adopted different rules for mid-cycle redistricting in its city charter.

§ 21626

Amended by Stats. 2023, Ch. 343, Sec. 44. (AB 764) Effective January 1, 2024.

(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)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)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)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.

§ 21630

Amended by Stats. 2023, Ch. 343, Sec. 49. (AB 764) Effective January 1, 2024.

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.