BILL ANALYSIS Ó
AB 182
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GOVERNOR'S VETO
AB
182 (Alejo, et al.)
As Enrolled September 10, 2015
2/3 vote
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|ASSEMBLY: |53-25 |(May 11, 2015) |SENATE: |26-14 | (September 3, |
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|ASSEMBLY: |53-24 |(September 8, | | | |
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Original Committee Reference: E. & R.
SUMMARY: Expands the California Voting Rights Act of 2001
(CVRA) to allow challenges to district-based elections to be
brought under the CVRA, as specified. Specifically, this bill:
AB 182
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1)Prohibits district-based elections from being imposed or
applied in a manner that impairs the ability of a protected
class of voters to elect candidates of its choice as the
result of the dilution or abridgement of the rights of voters
who are members of a protected class.
2)Provides that the fact that a district-based election was
imposed on a political subdivision as a result of an action
filed pursuant to the CVRA shall not be a defense to an action
alleging that the district-based elections violate this bill.
Provides that a court-ordered district-based election system
that is adopted on or after January 1, 2016, as a result of an
action filed pursuant to the CVRA, shall be subject to a
rebuttable presumption that the system does not violate this
bill.
3)Requires a court, upon finding that a political subdivision's
district-based elections violate this bill, to implement an
effective district-based elections system that provides the
protected class the opportunity to elect candidates of its
choice from single-member districts. Permits the court, if it
is not possible to create a district plan in which the
protected class has the opportunity to elect candidates of its
choice, to order additional remedies, including, any of the
following:
a) Increasing the size of the governing body, if approved
by the voters in the jurisdiction;
b) Approving a single-member district-based election system
that provides the protected class the opportunity to join
in a coalition of two or more protected classes to elect
candidates of their choice if there is a demonstrated
political cohesion among the protected classes;
c) Requiring elections for members of the governing body of
the political subdivision to be held on the same day as a
statewide election; or,
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d) Issuing an injunction to delay an election.
4)States that the purpose of the Legislature in enacting this
bill 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
specified provisions of the California Constitution. Requires
the provisions of this bill to be construed liberally in
furtherance of this legislative intent to eliminate minority
vote dilution. Declares the intent of the Legislature that
any remedy implemented under this bill shall comply with the
14th Amendment to the United States Constitution. Finds and
declares that this bill is consistent with a specified court
case.
5)Contains a severability clause.
The Senate amendments require a court, if it is considering
ordering that elections of a governing body be held on the same
day as a statewide election, to take into account the capacity
of the county to consolidate the election date with statewide
elections.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "AB 182 will expand the
California Voting Rights Act of 2001 to better protect minority
communities across the state. Voter disenfranchisement still
persists today. This measure is a means for us to protect
voters from being excluded and ensure that we have a working
democracy in California for years to come. This bill will allow
challenges to district-based elections that are being imposed or
applied in a manner that impairs the ability of a protected
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class of voters to elect candidates of their choice."
SB 976 (Polanco), Chapter 129, Statutes of 2002, enacted the
CVRA to address racial block voting in at-large elections for
local office. In areas where racial block voting occurs, an
at-large method of election can dilute the voting rights of
minority communities if the majority typically votes to support
candidates that differ from the candidates who are preferred by
minority communities. In such situations, breaking a
jurisdiction up into districts can result in districts in which
a minority community can elect the candidate of its choice or
otherwise have the ability to influence the outcome of an
election. Accordingly, the CVRA prohibits an at-large method of
election from being imposed or applied in a political
subdivision in a manner that impairs the ability of a protected
class of voters to elect the candidate of its choice or to
influence the outcome of an election, as a result of the
dilution or the abridgement of the rights of voters who are
members of the protected class.
This bill expands the CVRA to permit challenges to be brought to
district-based election systems that impair the ability of a
protected class of voters to elect the candidates of its choice,
as a result of the dilution or the abridgement of the rights of
voters who are members of the protected class. Challenges to
district-based election systems under the CVRA would be subject
to the same standards and procedures that currently apply to
challenges to at-large election systems that are brought under
the CVRA. As is the case with challenges to at-large election
systems under the CVRA, prevailing plaintiff parties under this
bill would be able to recover attorney's fees, including expert
witness fees and expenses. Prevailing defendant parties are not
able to recover costs, unless the court finds the action to be
frivolous, unreasonable, or without foundation.
The primary difference between challenges brought under the CVRA
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to at-large elections and challenges brought to district-based
elections under this bill are the remedies that would be
available when a court finds that a violation exists. While
existing law does not explicitly limit the remedies that a court
may consider in response to an at-large election system that
violates the CVRA, it does state that the imposition of
district-based elections may be an appropriate remedy for such a
violation. By contrast, if a district-based election system
were found to violate the CVRA under the provisions of this
bill, the court would be required to devise a single-member
district-based election system that provides the protected class
of voters the opportunity to elect candidates of its choice from
single-member districts. If a plan cannot be created that would
give the protected class the opportunity to elect candidates of
its choice, the court would be allowed to consider other
appropriate remedies, including increasing the size of the
governing body if approved by the voters of the jurisdiction,
creating a single-member district-based election system in which
a coalition of two protected classes that are politically
cohesive can elect the candidates of their choice, requiring
elections for the governing board of the political subdivision
to be held on the same day as a statewide election, or issuing
an injunction to delay an election.
Please see the policy committee analysis for a full discussion
of this bill.
GOVERNOR'S VETO MESSAGE:
This bill would apply the rules governing at-large elections in
the California Voting Rights Act to challenges related to
district-based elections.
I vetoed a similar bill last year, SB 1365 (Padilla), and my
views have not changed. I believe the federal Voting Rights Act
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and the California Voting Rights Act provide important and
sufficient safeguards to ensure that the electoral strength of
minority voters is protected.
Analysis Prepared by:
Ethan Jones / E. & R. / (916) 319-2094 FN:
0002520