BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 350


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          350 (Alejo)


          As Amended  January 4, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Elections       |4-2  |Ridley-Thomas, Gatto, |Harper, Travis      |
          |                |     |Gordon, Mullin        |Allen               |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |7-3  |Mark Stone, Alejo,    |Wagner, Gallagher,  |
          |                |     |Chau, Chiu, Cristina  |Maienschein         |
          |                |     |Garcia, Holden,       |                    |
          |                |     |O'Donnell             |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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:   



          1)Prohibits, pursuant to the CVRA, district-based elections from  








                                                                     AB 350


                                                                    Page  2





            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 the  
            provisions of this bill.  Provides that a court-ordered  
            district-based election system that is adopted on or after  
            January 1, 2017, 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.  Provides that this  
            presumption applies only to the exact district-based election  
            system that was approved by the court.


          3)Requires a court, upon finding that a political subdivision's  
            district-based elections violate this bill, to implement an  
            effective district-based election 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 without increasing the size of the governing body, or  
            if the additional districts alone will not provide an  
            appropriate remedy, to order additional remedies, including  
            any of the following:


             a)   Incrementally 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; or,










                                                                     AB 350


                                                                    Page  3





             c)   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.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "AB 350 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  
          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  








                                                                     AB 350


                                                                    Page  4





          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  
          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  








                                                                     AB 350


                                                                    Page  5





          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 it was not possible to create such  
          a plan without increasing the size of the governing body, 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, or issuing an injunction to delay an  
          election.




          AB 182 (Alejo) of 2015, which was vetoed by Governor Brown on  
          October 10, 2015, is substantially similar to this bill.   
          Furthermore, AB 182 is similar to SB 1365 (Padilla) of 2014,  
          which was also vetoed by Governor Brown.  Governor Brown  
          indicated in his veto messages for AB 182 and SB 1365 that he  
          was vetoing those bills because he believes that the Voting  
          Rights Act and the CVRA already provide safeguards to protect  
          the voting rights of minority communities.  There are just two  
          substantive differences between the current version of this bill  
          and the version of AB 182 that was vetoed by the Governor.   
          Those differences are relatively modest, and do not appear to  
          address the Governor's stated reason for vetoing either AB 182  
          or SB 1365.




          Please see the policy committee analysis for a full discussion  
          of this bill.












                                                                     AB 350


                                                                    Page  6





          Analysis Prepared by:                                             
                          Ethan Jones / E. & R. / (916) 319-2094  FN:  
          0002559