34870-34884
GOVERNMENT CODE
SECTION 34870-34884
34870. This article applies only to cities.
34871. At any municipal election, or special election held for that
purpose, the legislative body may submit to the registered voters an
ordinance providing for the election of members of the legislative
body in any of the following ways:
(a) By districts in five, seven, or nine districts.
(b) From districts in five, seven, or nine districts.
(c) By districts in four, six, or eight districts, with an
elective mayor pursuant to Article 5 (commencing with Section 34900).
(d) From districts in four, six, or eight districts, with an
elective mayor pursuant to Article 5 (commencing with Section 34900).
The term "by districts" as used in this article shall mean
election of members of the legislative body by voters of the district
alone. The term "from districts" shall mean election of members of
the legislative body who are residents of the district from which
they are elected by the voters of the entire city. "Geographical area
making up the district" shall in the case of elections by district
mean the district, and in the case of elections from districts shall
mean the entire city except with respect to the residence
requirements imposed by Section 34882.
That ordinance may also be qualified for the ballot by means of an
initiative measure in accordance with Chapter 3 (commencing with
Section 9200) of Division 9 of the Elections Code.
34872. The ordinance shall state the number of legislative
districts, describe the boundaries of each, number them, and state
whether members of the legislative body shall be elected by districts
or from districts, or by or from districts except for an elective
mayor.
34873. An ordinance enacted pursuant to this article may be amended
or repealed in the same manner; provided, the term of office of any
council member elected shall not be affected.
34874. No amendatory ordinance altering the boundaries of the
legislative districts established pursuant to this article shall be
submitted to the registered voters until the ordinance has been
submitted to the planning commission of the city or, in absence of a
planning commission, to the legislative body of said city for an
examination as to the definiteness and certainty of the boundaries of
the legislative districts proposed.
34875. The amendatory ordinance shall not be submitted to the
voters if (a) one or more of the legislative districts do not close,
(b) one or more entire legislative districts are eliminated prior to
the termination of the term of office of the council member of or
from the district, (c) the effect is that a greater number of council
members will be qualified to hold office concurrently than are
authorized by this article or the amendatory ordinance.
34876. The planning commission of the city or, in absence of such
body, the legislative body of the city shall make findings as to the
matters set forth in Section 34875 by resolution within 90 days after
submission of the amendatory ordinance to the city clerk. Failure to
make findings shall be constituted as a finding of compliance with
Section 34875.
34877. The proposition of establishing or altering legislative
districts shall be printed on the ballots substantially as follows:
"Shall members of the legislative body of the City of ____ be
elected by (or from) districts described in Ordinance No. ____ "
or, if applicable:
"Shall members of the legislative body of the City of ____ be
elected by (or from) districts described in Ordinance No. ____, and
the Mayor of the City of ____ be elected on a citywide basis by the
voters of the entire city "
followed by the words "Yes" and "No," so printed that the voters
may express their choice.
34878. If a majority of the registered voters of the city, who
vote, vote in favor of the ordinance, at the expiration of the terms
of office of the members of the legislative body, or as provided by
ordinance, members of the legislative body shall be elected by (or
from) the districts described, or by or from districts with an
elective mayor, and in the manner provided.
34879. The term of office of members of the legislative body
elected pursuant to the provisions of this article shall be four
years, unless otherwise expressly provided.
34880. (a) If the petition or proposal developed by the commission
for submission to the electorate for incorporation or special
reorganization of a city provides for the election of members of the
legislative body by (or from) districts and includes substantially
the provisions required to be included in an ordinance providing for
that election, including Section 34871, the members of the
legislative body shall be elected in the manner provided in the
petition or proposal.
(b) The members of the legislative body shall hold office until
the next general municipal election. At the next general municipal
election the members elected by or from the even-numbered districts
shall hold office for four years and the members elected by or from
the odd-numbered districts shall hold office for two years.
Thereafter the term of office is four years.
34881. One member of the legislative body shall be elected by or
from each district, or, if applicable, one member of the legislative
body shall be elected by or from each district constituting a
geographical division of the city, and the mayor shall be elected on
a citywide basis. With the possible exception as to the number of
members of the legislative body, the officers of the city remain the
same.
34882. A person is not eligible to hold office as a member of a
municipal legislative body unless he or she is otherwise qualified,
resides in the district and both resided in the geographical area
making up the district from which he or she is elected and was a
registered voter of the city at the time nomination papers are issued
to the candidate as provided for in Section 10227 of the Elections
Code.
34883. Registered voters signing nomination petitions or voting for
a member of the legislative body shall be residents of the
geographical area making up the district from which the member is to
be elected.
34884. If, at the time a vote is held on the subject of
incorporation of a new city, a majority of the votes cast is for
incorporation and, if, in accordance with Section 35258, a majority
of the votes cast on the question of whether members of the city
council in future elections are to be elected by district or at large
is in favor of election by district, the following procedure shall
apply:
(a) Prior to the first day on which voters may nominate candidates
for election at the next regular municipal election, the legislative
body shall, by ordinance or resolution, establish the boundaries of
the councilmanic districts. The districts shall be as nearly equal in
population as may be. In establishing the boundaries of the
districts, the legislative body may give consideration to the
following factors: (1) topography, (2) geography, (3) cohesiveness,
contiguity, integrity, and compactness of territory, and (4)
community of interests of the districts;
(b) The terms of office of the two members elected with the lowest
vote shall expire on the Tuesday succeeding the next regular
municipal election. At that election, members shall be elected by
district in the even-numbered districts and shall hold office for
four years; and
(c) The terms of office of the three members elected with the
highest vote shall expire on the Tuesday succeeding the second
regular municipal election following the incorporation. At that
election, members shall be elected by district in the odd-numbered
districts and shall hold office for four years.
The result of the vote cast on the question of whether members of
the city council in future elections are to be elected by district or
at large shall not preclude the submission to the voters at any
future election of a measure in accordance with the provisions of
Section 34871.