BILL NUMBER: SB 1365 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Padilla
( Principal coauthor: Assembly Member
Alejo )
FEBRUARY 21, 2014
An act to amend Sections 14027 and 14029 of
add the heading of Article 1 (commencing with Section 14025) and
the heading of Article 2 (commencing with Section 14027) to, and to
add Article 3 (commencing with Section 14040) to, Chapter 1.5 of
Division 14 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1365, as amended, Padilla. California Voting Rights Act of
2001.
Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large election in a political subdivision
if it would impair the ability of a protected class, as defined, to
elect candidates of its choice or otherwise influence the outcome of
an election. The CVRA provides that a voter who is a member of a
protected class may bring an action in superior court to enforce the
provisions of the CVRA, and, if the voter prevails in the case, he or
she may be awarded reasonable litigation costs and attorney's fees.
The CVRA requires a court to implement appropriate remedies,
including the imposition of district-based elections, that are
tailored to remedy a violation of the act.
This bill would also provide parallel
provisions that prohibit the use of a district-based election
in a political subdivision if it would impair the ability of a
protected class, as defined, to elect candidates of its choice or
otherwise influence the outcome of an election. The bill would
require a court to implement specified remedies upon a finding that a
district-based election was imposed or applied in a manner that
impaired the ability of a protected class to elect candidates of its
choice or otherwise influence the outcome of an election.
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. The Legislature finds and declares that
the purpose of this act is to address ongoing vote dilution and
discrimination in voting as matters of statewide concern, in order to
enforce the fundamental rights guaranteed to California voters under
Section 7 of Article I and Section 2 of Article II of the California
Constitution. Therefore, the provisions of this act shall be
construed liberally in furtherance of this legislative intent to
eliminate minority vote dilution. It is the further intent of the
Legislature that any remedy implemented under this act shall comply
with the 14th Amendment to the United States Constitution.
SEC. 2. The heading of Article 1 (commencing with
Section 14025) is added to Chapter 1.5 of Division 14 of the
Elections Code , to read:
Article 1. General Provisions
SEC. 3. The heading of Article 2 (commencing with
Section 14027) is added to Chapter 1.5 of Division 14 of the
Elections Code , to read:
Article 2. At-Large Elections
SEC. 4. Article 3 (commencing with Section 14040)
is added to Chapter 1.5 of Division 14 of the Elections
Code , to read:
Article 3. District-Based Elections
14040. District-based elections shall not be imposed or applied
in a manner that impairs the ability of a protected class to elect
candidates of its choice, or its ability to influence the outcome of
an election, as a result of the dilution or the abridgment of the
rights of voters who are members of a protected class.
14041. (a) A violation of Section 14040 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 14040 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 at least one
candidate is a member of a protected class or elections involving
ballot measures, or other electoral choices that affect the rights
and privileges of members of a protected class. One circumstance that
may be considered in determining a violation of Section 14040 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 14040 and this section.
(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 14040 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 the election system, 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 a 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 are probative, but not necessary factors, to
establish a violation of Section 14040 and this section.
(f) The fact that a district-based election was imposed on the
political subdivision as a result of an action filed pursuant to
Article 2 shall not be a defense to an action alleging a violation of
this article.
14042. (a) (1) Upon a finding of a violation of Section 14040 and
Section 14041, the court shall implement appropriate remedies, as
provided in this subdivision, that are tailored to remedy the
violation and that are guided in part by the views of the protected
class.
(2) (A) The court shall implement, as an appropriate remedy under
this subdivision, an effective district-based elections system that
provide the protected class the opportunity to elect candidates of
its choice from single-member districts.
(B) If no such additional effective districts under subparagraph
(A) is possible, the court shall implement, as an appropriate remedy
under this subdivision, a single-member district-based election
system that provide the protected class the opportunity to join in a
coalition of groups to elect candidates of their choice.
(C) In addition to implementing district-based elections under
this paragraph, a court may implement additional remedies, including
the remedies provided in paragraph (3).
(3) If the remedies under paragraph (2) are not legally viable,
the court shall implement other appropriate remedies, including, but
not limited to, increasing the size of the governing body; issuing an
injunction to delay an election; or requiring an election to be held
on the same day as a statewide election, as provided in Section
1001.
(b) This section does not prohibit the parties from settling a
dispute arising under this article. If the parties agree to settle a
dispute, the parties shall consider the remedies provided for in this
section when negotiating a settlement agreement. However, this
section does not limit the remedies available in out-of-court
settlements.
14043. In any action to enforce Section 14040 and Section 14041,
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, 48-49, and litigation expenses including, but not
limited to, 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.
14044. Any voter who is a member of a protected class and who
resides in a political subdivision where a violation of Sections
14040 and 14041 is alleged may file an action pursuant to those
sections in the superior court of the county in which the political
subdivision is located.
14045. If any provision of this article or its application to any
person or circumstance is held invalid, the remainder of the article
or the application of the provision to other persons or
circumstances shall not be affected.
SECTION 1. Section 14027 of the Elections Code
is amended to read:
14027. (a) An at-large method of election shall not be imposed or
applied in a manner that impairs the ability of a protected class to
elect candidates of its choice or its ability to influence the
outcome of an election, as a result of the dilution or the abridgment
of the rights of voters who are members of a protected class, as
defined pursuant to Section 14026.
(b) A district-based election shall not be imposed or applied in a
manner that impairs the ability of a protected class to elect
candidates of its choice or its ability to influence the outcome of
an election, as a result of the dilution or the abridgment of the
rights of voters who are members of a protected class, as defined
pursuant to Section 14026.
SEC. 2. Section 14029 of the Elections Code is
amended to read:
14029. (a) Upon a finding of a violation of subdivision (a) 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.
(b) (1) Upon a finding of a violation of subdivision (b) of
Section 14027 and Section 14028, the court shall implement
appropriate remedies, as provided in this subdivision, that are
tailored to remedy the violation and that are guided in part by the
views of the protected class.
(2) (A) If reasonably feasible, the court shall implement, as an
appropriate remedy under this subdivision, a redistricting plan that
provides the protected class the opportunity to elect candidates of
its choice.
(B) If a redistricting plan under subparagraph (A) is not
reasonably feasible, the court shall implement, as an appropriate
remedy under this subdivision, a redistricting plan that provides the
protected class the opportunity to join with a coalition of groups
to elect candidates of their choice.
(C) A redistricting plan implemented under this paragraph shall
comply with all applicable state and federal laws.
(D) In addition to implementing a redistricting plan under this
paragraph, a court may implement additional remedies, including the
remedies provided in paragraph (3).
(3) If a redistricting plan under paragraph (2) is not reasonably
feasible, the court shall implement other appropriate remedies,
including, but not limited to, increasing the size of the governing
body; issuing an injunction to delay an election; or requiring an
election to be held on the same day as a statewide election, as
provided in Section 1001.
(c) This section does not prohibit the parties from settling a
dispute arising under this chapter. If the parties agree to settle a
dispute, the parties shall consider the remedies provided for in this
section when negotiating a settlement agreement.