BILL NUMBER: AB 245	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 9, 2015

   An act to amend Section 14026 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 245, as introduced, Lackey. California Voting Rights Act of
2001.
   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 violation of the act is established if it is
shown that racially polarized voting, as defined, has occurred, and
provides that the occurrence of racially polarized voting shall be
determined from examining the 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. The CVRA provides
that a voter who is a member of a protected class, as specified, 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.
   This bill would make technical, nonsubstantive changes to
provisions of law defining several terms for purposes of the CVRA.
   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.  Section 14026 of the Elections Code is amended to read:

   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:
   (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 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
race,  color   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, as defined in case law regarding enforcement of the
federal Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), in the
choice of candidates or other electoral choices that are preferred by
voters in a 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.