CALIFORNIA STATUTES AND CODES
SECTIONS 21600-21606
ELECTIONS CODE
SECTION 21600-21606
21600. This article applies only to general law cities electing
members of the legislative body by districts or from districts, as
defined in Section 34871 of the Government Code.
21601. Following each decennial federal census, and using that
census as a basis, the council shall, by ordinance or resolution,
adjust the boundaries of any or all of the council districts of the
city so that the districts shall be as nearly equal in population as
may be and shall comply with the applicable provisions of Section
1973 of Title 42 of the United States Code, as amended. In
establishing the boundaries of the districts the council may give
consideration to the following factors: (a) topography, (b)
geography, (c) cohesiveness, contiguity, integrity, and compactness
of territory, and (d) community of interests of the districts.
21601.1. The council shall hold at least one public hearing on any
proposal to adjust the boundaries of a district prior to a public
hearing at which the council votes to approve or defeat the proposal.
21602. The boundaries of the council districts shall be adjusted by
the council before the first day of November of the year following
the year in which each decennial federal census is taken.
Notwithstanding Article 2 (commencing with Section 34870) of
Chapter 7 of Part 1 of Division 2 of Title 4 of the Government Code,
if the council fails to adjust the boundaries prior to the 90th day
before the final date for registration of electors for an election of
council members in the city, each council member to be elected at
that election and at any succeeding election shall have the
qualifications required by Section 34883 of the Government Code, but
shall be elected at large. Council members shall continue to be so
elected until the council adjusts the boundaries of the districts.
21603. If at any time between each decennial federal census, a city
annexes territory or consolidates with another city, the legislative
body of the city annexing the territory or the legislative body of
the consolidated city, shall reexamine the boundaries of its council
districts after the first census is taken or the first current
population estimates are obtained, following the annexation or
consolidation.
If upon reexamination, the legislative body finds that the
population of any council district has varied so that the districts
no longer meet the criteria specified in Section 21601, the
legislative body shall, within 60 days after the census is taken, or
current population estimate received, by ordinance or resolution,
adjust the boundaries of any or all of the council districts of the
city so that the districts shall be as nearly equal in population as
may be.
21604. Any person claiming that the estimates of population used in
the redistricting pursuant to Section 21603 do not reflect the
current population within the district boundaries more accurately
than the most recent census data, may commence an action in the
superior court in declaratory relief to determine that fact. The
action shall be brought within 42 days after the adoption of the
redistricting ordinance or resolution.
21605. The council may appoint a committee composed of residents of
the city to study the matter of changing the boundaries of the
council districts. The committee shall make its report to the council
of its findings on the need for change of boundaries, and the
recommended changes by the first day of August of the year following
the year in which the decennial federal census is taken.
Recommendations of the committee are advisory only.
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
he or she was elected.
(b) At the first election for council members in each city
following adjustment of the boundaries of councilmanic districts, a
council member shall be elected for each district under the
readjusted district plan that has the same district number as a
district whose incumbent's term is due to expire.
(c) Notwithstanding any other provision of this article, a change
in the boundaries of a council district shall not be made within 90
days prior to the final date of voter registration for an election of
council members in the city or between the municipal primary
election and the general municipal election.
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