BILL NUMBER: SB 976 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2002
AMENDED IN SENATE MAY 1, 2001
INTRODUCED BY Senator Polanco
FEBRUARY 23, 2001
An act to add Chapter 1.5 (commencing with Section 14025) to
Division 14 of the Elections Code, relating to voting rights.
LEGISLATIVE COUNSEL'S DIGEST
SB 976, as amended, Polanco. Elections: rights of voters.
Existing law provides for political subdivisions that encompass
areas of representation within the state. With respect to these
areas, public officials are generally elected by all of the voters of
the political subdivision (at-large) or from districts formed within
the political subdivision (district-based).
Existing law generally allows the voters of the entire political
subdivision to determine whether the elected public officials are
elected by divisions or by the entire political subdivision.
This bill would provide that an at-large method of election, as
defined, may not be imposed or applied in a manner that results in
the dilution or abridgment of the right of registered voters who are
members of a protected class, as defined, by impairing their ability
to elect candidates of their choice or to influence the outcome of an
election.
This bill would provide that a violation of its provisions shall
be established if it is shown that racially polarized voting, as
defined, occurs in elections for governing board members of a
political subdivision, among other things. It would provide that an
intent to discriminate against a protected class, as defined, is not
required to establish a violation of this bill.
This bill would authorize a court to impose appropriate remedies,
including district-based elections, and to award a prevailing
nonstate or nonlocal government plaintiff party reasonable attorney's
fees and expenses consistent with specified case law as
part of the costs.
This bill would permit a member of a protected class to file an
action pursuant to this bill under specified circumstances.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.5 (commencing with Section 14025) is added to
Division 14 of the Elections Code, to read:
CHAPTER 1.5. RIGHTS OF VOTERS
14025. This act shall be known and may be cited as the California
Voting Rights Act of 2001.
14026. As used in this chapter:
(a) "At-large method of election" means any of the following
methods of electing members to the governing body of a political
subdivision , and does not include any method of
district-based elections :
(1) One in which the voters of the entire jurisdiction elect the
members to the governing body.
(2) One in which the candidates are required to reside within
given areas of the jurisdiction and the voters of the entire
jurisdiction elect the members to the governing body.
(3) One which combines at-large elections with district-based
elections.
(b) "District-based election" elections
" means a method of electing members to the governing body of a
political subdivision in which the candidate must reside within an
election district that is a divisible part of the political
subdivision and is elected only by voters residing within that
election district.
(c) "Political subdivision" means a geographic area of
representation created for the provision of government services,
including, but not limited to, a city, a school district, a community
college district, or other district organized pursuant to state law.
(d) "Protected class" means a class of voters who are members of a
minority race, color or language minority
group, as this class is referenced and defined in the federal
Voting Rights Act (42 U.S.C. Sec. 1973 et seq.).
(e) "Racially polarized voting" means voting in which there is a
difference in the choice of candidates or other electoral choices
that are preferred by voters in the protected class, and in the
choice of candidates and electoral choices that are preferred by
voters in the rest of the electorate. The methodologies for
estimating group voting behavior as approved in applicable federal
cases to enforce the federal Voting Rights Act (42 U.S.C. Sec. 1973
et seq.) to establish racially polarized voting may be used for
purposes of this section to prove that elections are characterized by
racially polarized voting.
14027. An at-large method of election may not be imposed or
applied in a manner that results in the dilution or the abridgment of
the rights of registered voters who are members
of the protected class, as provided in Section 14028, by impairing
their ability to elect candidates of their choice of
or their ability to influence the outcome of an
election.
14028. (a) A violation of Section 14027 is established if it is
shown that racially polarized voting occurs in elections for members
of the governing body of the political subdivision or in
elections incorporating other electoral choices by the voters of the
political subdivision. Elections conducted prior to the filing
of an action pursuant to Section 14027 and this section are more
probative to establish the existence of racially polarized voting
than elections conducted after the filing of the action.
(b) The occurrence of racially polarized voting shall be
determined from examining results of elections in which candidates
are members of a protected class or elections involving ballot
measures, or other electoral choices that affect the rights and
privileges of members of the protected class. One circumstance that
may be considered in determining a violation of Section 14027
and this section is the extent to which candidates who are
members of a protected class and who are preferred by voters of
the protected class, as determined by an analysis of voting behavior,
have been elected to the governing body of a political
subdivision that is the subject of an action based on Section 14027
and this section. In multiseat at-large districts, where the number
of candidates who are members of a protected class is fewer than the
number of seats available, the relative groupwide support received by
candidates from members of the protected class shall be the basis
for the racial polarization analysis.
(c) The fact that members of a protected class are not
geographically compact or concentrated may not preclude a finding of
racially polarized voting, or a violation of Section 14027 and
this section, but may be a factor in determining an appropriate
remedy.
(d) Proof of an intent on the part of the voters or elected
officials to discriminate against a protected class is not required.
(e) Other factors such as the history of discrimination, the use
of electoral devices or other voting practices or procedures that may
enhance the dilutive effects of at-large elections, denial of access
to those processes determining which groups of candidates will
receive financial or other support in a given election, the extent to
which members of the protected class bear the effects of past
discrimination in areas such as education, employment, and health,
which hinder their ability to participate effectively in the
political process, and the use of overt or subtle racial appeals in
political campaigns, may also be introduced as evidence but
these factors are not necessary to establish a violation of this
section. political campaigns are probative, but not
necessary factors to establish a violation of Section 14027 and this
section.
14029. Upon a finding of a violation of Section 14027 and Section
14028, the court shall implement appropriate remedies, including the
imposition of district-based elections, that are tailored to remedy
the violation.
14030. In any action to enforce Section 14027 and Section
14028 , the court shall allow the prevailing plaintiff party,
other than the state or political subdivision thereof, a reasonable
attorney's fee consistent with the standards established in Serrano
v. Priest (1977) 20 Cal.3d 25, including pages 48 and 49, and
litigation expenses including, but not limited to, expert witness
fees and expenses as part of the costs. Prevailing
plaintiff parties, other than the state or political subdivision
thereof, shall recover their expert witness fees and expenses as part
of the costs. Prevailing defendant parties shall not
recover any costs, unless the court finds the action to be frivolous,
unreasonable, or without foundation.
14031. This chapter is enacted to implement the guarantees of
Section 7 of Article I and of Section 2 of Article II of
the California Constitution.
14032. Any voter who is a member of the protected class and who
resides in a political subdivision that is the subject of an action
filed pursuant to Sections 14027 and 14028 may file an action
pursuant to those sections in the superior court of the county in
which the political subdivision is located.
____ CORRECTIONS Text -- Page 3.
____