Amended in Senate February 29, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 350


Introduced by Assembly Member Alejo

February 17, 2015


An act tobegin delete 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 ofend deletebegin insert amend Section 14029 ofend insert the Elections Code,begin insert and to add Section 34887 to the Government Code,end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 350, as amended, Alejo. California Voting Rights Act ofbegin delete 2001.end deletebegin insert 2001: district-based municipal elections.end insert

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,begin delete he or she may be awarded reasonable litigation costs and attorney’s fees. Theend deletebegin insert theend insert CVRA requiresbegin delete aend deletebegin insert theend insert court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act.

begin delete

This bill would 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. 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.

end delete
begin insert

If a court imposes district-based elections in a political subdivision and the members of the governing body of that political subdivision will be elected in their districts at different times to provide for staggered terms of office, this bill would require the districts that have the largest populations of members of the protected class to elect their governing board members at the first election under the district-based election system.

end insert
begin insert

Existing law generally requires all elective city offices, including the members of a city council, to be filled at large by the city electorate at a general municipal election. Existing law, at any municipal election or special election held for this purpose, authorizes the legislative body of a city to submit to the registered voters an ordinance providing for the election of members of the legislative body by district or from district, as defined, and with or without an elective mayor. Existing law also authorizes the legislative body of a city with a population of fewer than 100,000 people to adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor without being required to submit the ordinance to the voters for approval.

end insert
begin insert

If, during the implementation of by district or from district elections, the members of the legislative body will be elected in their districts at different times to provide for staggered terms of office, this bill would prohibit a city from selecting district election dates for the purpose of, or in a manner that will have the effect of, impairing 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 abridgment of the rights of voters who are members of the protected class.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14029 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

14029.  

begin insert(a)end insertbegin insertend insert Upon a finding of a violation of Section 14027
4and Section 14028, the court shall implement appropriate remedies,
P3    1including the imposition of district-based elections, that are tailored
2to remedy the violation.

begin insert

3(b) If a court imposes district-based elections in a political
4subdivision pursuant to subdivision (a), and if the members of the
5governing body of the political subdivision will be elected in their
6districts at different times to provide for staggered terms of office,
7the districts that have the largest populations of members of the
8protected class shall elect their governing board members at the
9first election under the district-based election system.

end insert
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 34887 is added to the end insertbegin insertElections Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert34887.end insert  

If, during the implementation of by district or from
12district elections pursuant to this article, the members of the
13legislative body will be elected in their districts at different times
14to provide for staggered terms of office, a city shall not select
15district election dates for the purpose of, or in a manner that will
16have the effect of, impairing the ability of a protected class, as
17defined in Section 14026 of the Elections Code, to elect candidates
18of its choice or its ability to influence the outcome of an election,
19as a result of the abridgment of the rights of voters who are
20members of the protected class.

end insert
begin delete
21

SECTION 1.  

The Legislature finds and declares that the
22purpose of this act is to address ongoing vote dilution and
23discrimination in voting as matters of statewide concern, in order
24to enforce the fundamental rights guaranteed to California voters
25under Section 7 of Article I and Section 2 of Article II of the
26California Constitution. Therefore, the provisions of this act shall
27be construed liberally in furtherance of this legislative intent to
28eliminate minority vote dilution. It is the further intent of the
29Legislature that any remedy implemented under this act shall
30comply with the 14th Amendment to the United States Constitution.
31The Legislature also finds and declares that this act is consistent
32with the decision of the Court of Appeal in Sanchez v. City of
33Modesto (2006) 145 Cal.App.4th 660.

34

SEC. 2.  

The heading of Article 1 (commencing with Section
3514025) is added to Chapter 1.5 of Division 14 of the Elections
36Code
, to read:

37 

38Article 1.  General Provisions
39

 

P4    1

SEC. 3.  

The heading of Article 2 (commencing with Section
214027) is added to Chapter 1.5 of Division 14 of the Elections
3Code
, to read:

4 

5Article 2.  At-Large Elections
6

 

7

SEC. 4.  

Article 3 (commencing with Section 14040) is added
8to Chapter 1.5 of Division 14 of the Elections Code, to read:

9 

10Article 3.  District-Based Elections
11

 

12

14040.  

District-based elections shall not be imposed or applied
13in a manner that impairs the ability of a protected class to elect
14candidates of its choice as a result of the dilution or the abridgment
15of the rights of voters who are members of a protected class.

16

14041.  

(a) A violation of Section 14040 is established if it is
17shown that racially polarized voting occurs in elections for
18members of the governing body of the political subdivision or in
19elections incorporating other electoral choices by the voters of the
20political subdivision. Elections conducted prior to the filing of an
21action pursuant to Section 14040 and this section are more
22probative to establish the existence of racially polarized voting
23than elections conducted after the filing of the action.

24(b) The occurrence of racially polarized voting shall be
25determined from examining results of elections in which at least
26one candidate is a member of a protected class or elections
27involving ballot measures, or other electoral choices that affect
28 the rights and privileges of members of a protected class. One
29circumstance that may be considered in determining a violation
30of Section 14040 and this section is the extent to which candidates
31who are members of a protected class and who are preferred by
32voters of the protected class, as determined by an analysis of voting
33behavior, have been elected to the governing body of a political
34subdivision that is the subject of an action based on Section 14040
35and this section.

36(c) The fact that members of a protected class are not
37geographically compact or concentrated does not preclude a finding
38of racially polarized voting, or a violation of Section 14040 and
39this section, but may be a factor in determining an appropriate
40remedy.

P5    1(d) Proof of an intent on the part of the voters or elected officials
2to discriminate against a protected class is not required.

3(e) Other factors, such as the history of discrimination, the use
4of electoral devices or other voting practices or procedures that
5may enhance the dilutive effects of the election system, denial of
6access to those processes determining which groups of candidates
7will receive financial or other support in a given election, the extent
8to which members of a protected class bear the effects of past
9discrimination in areas such as education, employment, and health,
10that hinder their ability to participate effectively in the political
11process, and the use of overt or subtle racial appeals in political
12campaigns are probative, but not necessary factors, to establish a
13violation of Section 14040 and this section.

14(f) (1) Except as provided in paragraph (2), the fact that a
15district-based election was imposed on the political subdivision
16as a result of an action filed pursuant to Article 2 shall not be a
17defense to an action alleging a violation of this article.

18(2) (A) If a court orders a political subdivision to adopt, and
19subsequently approves, a district-based election system as a result
20of an action filed pursuant to Article 2, there shall be a rebuttable
21presumption in any subsequent action filed pursuant to this article
22that the district-based election system of that political subdivision
23does not violate this article. The presumption shall apply only to
24the exact district-based election system that was approved by the
25court and shall not apply if the boundaries of the districts of the
26political subdivision are subsequently adjusted for any reason.

27(B) This paragraph shall apply only to a district-based election
28system that is approved by a court on or after January 1, 2017.

29

14042.  

(a) Upon a finding of a violation of Sections 14040
30and 14041, the court shall implement an effective district-based
31elections system that provides the protected class the opportunity
32to elect candidates of its choice from single-member districts.

33(b) If additional effective districts under subdivision (a) are not
34possible without increasing the size of the governing body, or will
35not alone provide an appropriate remedy, the court may order
36additional remedies, including any of the following:

37(1) Incrementally increasing the size of the governing body
38upon approval of voters in the jurisdiction.

39(2) Approving a single-member district-based election system
40that provides the protected class the opportunity to join in a
P6    1coalition of two or more protected classes to elect candidates of
2their choice if there is demonstrated political cohesion among the
3protected classes.

4(3) Issuing an injunction to delay an election.

5

14043.  

In any action to enforce Sections 14040 and 14041, the
6court shall allow the prevailing plaintiff party, other than the state
7or political subdivision thereof, a reasonable attorney’s fee
8consistent with the standards established in Serrano v. Priest (1977)
920 Cal.3d 25, 48-49, and litigation expenses including, but not
10limited to, expert witness fees and expenses as part of the costs.
11Prevailing defendant parties shall not recover any costs, unless the
12court finds the action to be frivolous, unreasonable, or without
13foundation.

14

14044.  

Any voter who is a member of a protected class and
15who resides in a political subdivision where a violation of Sections
1614040 and 14041 is alleged may file an action pursuant to those
17sections in the superior court of the county in which the political
18subdivision is located.

19

14045.  

If any provision of this article or its application to any
20person or circumstance is held invalid, Articles 1, 2, and the
21remainder of this article, or the application of the provision to other
22persons or circumstances, shall not be affected.

end delete


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