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California Statutes § 21180 Failure to meet election district boundaries adoption guidelines

⤴ Up to Chapter 2: Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act of 2023

Statute Text

(a) If the districting body does not adopt election district boundaries by the deadlines set forth in subdivision (a) of Section 21140 or adopted pursuant to subdivision (c) of Section 21140, as applicable, the districting body shall immediately petition a superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body does not petition a superior court within five days after the deadline, any resident of the local jurisdiction may file that petition.
(b)
(1) Upon granting a petition filed pursuant to subdivision (a), the superior court shall adopt election district boundaries in accordance with the requirements and criteria set forth in Section 21130, which shall be used in the local jurisdiction's next regular election.
(2) The superior court may appoint a special master to assist the court with adopting the district boundaries. The local jurisdiction shall pay the cost for the special master and associated costs.
(3) The superior court or a special master appointed by the superior court may hold one or more public hearings before the superior court adopts the election district boundaries.
(4) Subject to the approval of the court, the special master may employ redistricting experts or other consultants or counsel, independent experts in the field of redistricting and computer technology, and other necessary personnel to assist them in their work. The special master may also seek the full cooperation of the local jurisdiction in producing and using any data, computer models and programs, or technical assistance that was made available to the districting body or an advisory or hybrid redistricting commission and local jurisdiction personnel who are knowledgeable in the mechanics of drafting redistricting legislation. The court may assist the special master in securing the necessary personnel and the physical facilities required for their work and in preparing for the prompt submission to the local jurisdiction of a request for local jurisdiction funding for the necessary expenses of the special master and the special master's staff.
(c) The election district boundaries adopted by the superior court shall have the same force and effect as an enacted resolution or ordinance of the districting body, but shall not be subject to a referendum.
(d) The superior court may order the adjustment of electoral deadlines as necessary to implement the new election district boundaries in the next regular election.
(e) This section does not apply to a charter city that has adopted in its city charter a different method for adopting city council district boundaries when a redistricting deadline is missed.
(f) This chapter does not limit the discretionary remedial authority of any federal or state court, including any authority to award attorney's fees and costs under other provisions of law.

History

Added by Stats 2023 ch 343 ( AB 764 ) , s 14 , eff. 1/1/2024 .