Untitled California Attorney General Opinion

BACKGROUND

Under the California Constitution, a charter county is “subject to statutes that relate to apportioning population of governing body districts.” 1 Orange County is a charter county. 2 Its board of supervisors consists of five members elected “by and from designated supervisorial districts” for four-year, staggered terms. 3 Its charter provides that state law governs county operations except as expressly set forth in the charter. 4 The charter does not include any provisions addressing redistricting or its effects on supervisorial representation.

On December 7, 2021, the Orange County Board of Supervisors enacted an ordinance approving new supervisorial district boundaries using population data from the 2020 decennial census. This redistricting ordinance altered the boundaries of each of the five districts. Four of the five districts’ newly-drawn boundaries overlap with, but are not identical to, their former areas. But the changes to District Two were extreme—the newly-formed District Two does not overlap at all with the prior District Two. 5 In November 2022, Districts Two, Four, and Five will have a regular election for district

1 Cal. Const., art. XI, § 4, subd.…