AB 1301, as introduced, Jones-Sawyer. Voting rights: preclearance.
Existing law, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Prior to that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements.
This bill would establish a state preclearance system. Under this system, if a political subdivision enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy shall not take effect or be administered in the political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the political subdivision to seek review of the Secretary of State’s decision by means of an action filed in the Superior Court of Sacramento.
By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 5 (commencing with Section 400) is
2added to Division 0.5 of the Elections Code, to read:
3
For purposes of this chapter, the following terms have the
7following meanings:
8(a) “Citizen” means a citizen of the United States.
9(b) “Citizen voting-age population” means the population of
10citizens who are 18 years of age or older within a political
11subdivision, as calculated by the United States Census Bureau in
12the most recent federal decennial census.
13(c) “Electoral jurisdiction” means a geographic area within
14which reside the voters who are qualified to vote for an elective
15office.
P3 1(d) “Multilingual voting materials” means registration or voting
2notices, forms,
instructions, assistance, or other materials or
3information relating to the electoral process, including ballots,
4provided in the language of one or more language minority groups.
5(e) “Political subdivision” means a geographic area of
6representation created for the provision of government services,
7including, but not limited to, a city, a school district, a community
8college district, or other district organized pursuant to state law.
9(f) “Protected class” means a class of voters who are members
10of a race, color, or language minority group, as this class is
11referenced and defined in the federal Voting Rights Act of 1965
12(52 U.S.C. Sec. 10101 et seq.).
13(g) “Voting locations” means places for casting a ballot.
To ensure that the right of citizens who reside in California
15to vote is not denied or abridged on account of race, color, or
16language minority status through the enforcement of a
17voting-related law, regulation, or policy that is enacted or
18administered after the enactment date of this chapter, the following
19voting-related laws, regulations, and policies shall be subject to
20this chapter:
21(a) A change to an at-large method of election that adds offices
22elected at-large or converts offices elected by single-member
23districts to one or more at-large or multimember districts.
24(b) A change to the boundaries of an electoral jurisdiction, or
25a series of changes within a year to the boundaries of an electoral
26
jurisdiction, that reduces the proportion of the citizen voting-age
27population that are members of a single protected class by 5 or
28more percent.
29(c) A change through redistricting that alters the boundaries of
30districts within an electoral jurisdiction in which a single protected
31class has experienced a population increase of at least 25,000
32residents or at least 20 percent of the citizen voting-age population
33of the protected class over the preceding decade, as determined
34by the five-year estimates of the United States Census American
35Community Survey.
36(d) A change to voting locations that reduces, consolidates, or
37relocates one or more voting locations, including an early, absentee,
38or election day voting location, and results in a net loss, on a per
39voter basis, of voting locations in the 20 percent of the total number
40of census tracts in a political subdivision with the
highest
P4 1proportion of voters from a single protected class that represents
2at least 20 percent of the citizen voting-age population in the
3political subdivision, provided that the net loss is greater than the
4net loss resulting from the changes in the 20 percent of the total
5number of census tracts in a political subdivision with the highest
6proportion of voters of any other racial or ethnic group that
7represents at least 20 percent of the citizen voting-age population
8in the political subdivision.
9(e) A change to multilingual voting materials that reduces the
10voting materials available in languages other than English, or that
11alters the manner in which the materials are provided or distributed,
12if no similar reduction or alteration occurred in materials provided
13in English.
(a) If a political subdivision enacts or seeks to administer
15a voting-related law, regulation, or policy described in Section 401
16that is different from that in force or effect on the date this chapter
17is enacted, the governing body of the political subdivision shall
18submit the law, regulation, or policy to the Secretary of State for
19approval. The law, regulation, or policy shall not take effect or be
20administered in the political subdivision until the law, regulation,
21or policy is approved by the Secretary of State.
22(b) The Secretary of State shall provide a written decision to
23the governing body of the political subdivision within 60 days of
24a request to enact or administer a voting-related law, regulation,
25or policy described in Section 401.
If the Secretary of State fails
26to provide a written decision within 60 days, the governing body
27of the political subdivision may implement the law, regulation, or
28policy. The governing body of the political subdivision may make
29a written request for an expedited review of a law, regulation, or
30policy if the political subdivision has a demonstrated need to
31implement the proposed change before the end of the 60-day review
32period. The written request shall describe the basis for the request
33in light of conditions in the political subdivision and shall specify
34the date by which a decision is needed. The Secretary of State shall
35attempt to accommodate a reasonable request.
36(c) The governing body of the political subdivision shall have
37the burden of establishing, by objective and compelling evidence,
38that the law, regulation, or policy satisfies both of the following:
39(1) Is not likely
to result in a discriminatory effect on the
40participation of voters from a protected class that constitutes at
P5 1least 20 percent of the political subdivision’s citizen voting-age
2population.
3(2) Is not motivated in whole or substantially in part by an intent
4to reduce the participation of voters from a protected class.
5(d) If the Secretary of State denies a request to enact or
6administer a law, regulation, or policy, the governing body of the
7political subdivision may seek review of the decision by means of
8an action filed in superior court.
9(e) The Secretary of State may file suit to enjoin the governing
10body of a political subdivision from implementing a law,
11regulation, or policy in violation of this section.
12(f) Venue for an action filed pursuant to
subdivision (d) or (e)
13shall lie exclusively in the Superior Court for the County of
14Sacramento.
15(g) Notwithstanding any other law, a political subdivision may
16enact or administer a voting-related law, regulation, or policy
17described in Section 401 that is different from that in force or effect
18on the date this chapter is enacted if doing so is necessary because
19of an unexpected circumstance that occurred during the 30 days
20immediately preceding an election, in which case the political
21subdivision may enact or administer the law, regulation, or policy
22only for purposes of that election. After the election, the political
23subdivision shall immediately submit the law, regulation, or policy
24to the Secretary of State for approval pursuant to this section.
A political subdivision with two or more racial or ethnic
26groups that each represent at least 20 percent of the citizen
27voting-age population in the political subdivision shall not
28implement a previously enacted or adopted voting-related law,
29regulation, or policy described in Section 401 that has not yet been
30implemented, unless the law, regulation, or policy is approved
31pursuant to Section 402.
(a) The Attorney General, or a registered voter who
33resides in a political subdivision where the change to a
34voting-related law, regulation, or policy occurred, may file an
35action in superior court to compel the political subdivision to satisfy
36the obligations set forth in this chapter.
37(b) In an action brought pursuant to this section, a court shall
38provide as a remedy that the voting-related law, regulation, or
39policy be enjoined unless the court determines that the law,
P6 1regulation, or policy is not subject to this chapter or has been
2approved by the procedures established in Section 402.
For purposes of this chapter, any data provided by the
4United States Census Bureau, whether based on enumeration or
5statistical sampling, shall not be subject to challenge or review by
6any court.
If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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