BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1301


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1301 (Jones-Sawyer) - As Amended May 12, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill establishes a state "preclearance" system under which  
          certain political subdivisions are required to get approval from  
          the Secretary of State (SOS) before implementing specified  








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          policy changes related to elections. Specifically, this bill:


          1)Defines "covered political subdivision" to mean a political  
            subdivision with two or more racial or ethnic groups that each  
            represent at least 20% of its citizen voting-age population.


          2)Provides that to ensure the right of citizens in California to  
            vote is not denied or abridged on account of race, color, or  
            language minority status through the enforcement of a  
            voting-related law, regulation, or policy that is enacted or  
            administered after the enactment date of this bill, the  
            following voting-related laws, regulations, and policies are  
            subject to preclearance by the SOS:


             a)   A change to an at-large method of election that adds  
               offices elected at-large or converts offices elected by  
               single-member districts to one or more at-large or  
               multimember districts. 


             b)   A change to the boundaries of an electoral jurisdiction  
               (annexation), or a series of changes within a year to the  
               boundaries of an electoral jurisdiction, that reduces the  
               proportion of the citizen voting-age population of a  
               protected class by 5 percent or more. 


             c)   A change through redistricting that alters the  
               boundaries of districts within an electoral jurisdiction in  
               which a protected class has experienced a population  
               increase of at least 25,000 residents, or at least 20  
               percent of the citizen voting-age population of the  
               protected class over the preceding decade, as determined by  
               the five-year estimates of the U.S. Census American  
               Community Survey.









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             d)   A change to multilingual voting materials that reduces  
               the voting materials available in languages other than  
               English, or an altering of the manner in which the  
               materials are provided or distributed, if no similar  
               reduction or alteration occurred in materials provided in  
               English.


          3)Requires that a covered political subdivision seeking to enact  
            or administer a voting-related law, regulation, or policy  
            subject to preclearance, as described above, shall first  
            submit the law, regulation, or policy to the SOS for approval.


          4)Requires the SOS to provide a written decision to the  
            governing body of the covered political subdivision within 60  
            days, and if the SOS fails to meet this deadline, the  
            governing body may implement the law, regulation, or policy.


          5)Provides that if the SOS denies a request per the above, the  
            governing body of the covered political subdivision may seek  
            review of the decision by means of an action filed in superior  
            court, and permits the SOS to file suit to enjoin the  
            governing body of a covered political subdivision from  
            implementing a law, regulation, or policy in violation of this  
            bill. These actions must take place in the Sacramento County  
            Superior Court.


          6)Permits the AG, or a registered voter who resides in a  
            political subdivision where the change to a voting-related  
            law, regulation, or policy occurred, to file an action in  
            superior court to compel the political subdivision to satisfy  
            the requirements of this bill.


          FISCAL EFFECT:








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          1)The SOS anticipates that there will be no additional workload  
            associated with (2)(a) and (2)(d) above, and at most minor  
            annual workload associated with (2)(b). Regarding (2)(c), the  
            sponsor- the Mexican American Legal Defense and Educational  
            Fund (MALDEF)-estimates that 25 counties, 30 cities, and 332  
            school districts experienced the requisite population growth  
            between 2000 and 2010. The SOS estimates that around 150 of  
            these jurisdictions will submit redistricting proposals for  
            review following the 2020 census.


            For this workload, the SOS will need three attorneys and one  
            analyst position at an annual GF cost of around $600,000.  
            These positions should not be needed until after release of  
            the 2020 census, and following each subsequent census, and  
            will be needed for a few years as local entities submit their  
            redistricting proposals. Given the temporal nature of this  
            workload, limited term or contracted positions would be  
            appropriate. One of the attorney positions would likely be  
            needed for an extended time in the event of any legal  
            challenges to the SOS's decisions. The SOS will also require  
            expertise in statistical analysis at a one-time GF cost of  
            $200,000.


          2)To the extent local entities seek judicial review of SOS  
            decisions regarding redistricting proposals, the Sacramento  
            County Superior Court could require an attorney, clerk, and  
            support staff at an annual cost of $300,000. Again, this  
            workload would commence after 2020 and continue for up to a  
            few years.


          COMMENTS:


          1)Voting Rights Act (VRA). In 1965, Congress determined that  








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            officials in some states were failing to comply with the  
            provisions of the 15th Amendment, which provides, in part,  
            that "[t]he right of citizens of the United States to vote  
            shall not be denied or abridged by the United States or by any  
            state on account of race, color, or previous conditions of  
            servitude." As a result, Congress passed and President Johnson  
            signed the VRA.



            Section 2 of the VRA is a nationwide prohibition against  
            voting practices and procedures, including redistricting plans  
            and at-large election systems, poll worker hiring, and voting  
            registration procedures, that discriminate on the basis of  
            race, color, or membership in a language minority group.  
            Section 4 of the VRA sets the criteria for determining whether  
            a jurisdiction is covered under certain provisions of the VRA,  
            including the requirement for review of changes affecting  
            voting under Section 5.  Section 5 of the VRA requires certain  
            states and covered jurisdictions to receive approval for any  
            changes to law and practices affecting voting from the U.S.  
            Department of Justice (DOJ) or the U.S. District Court of the  
            District of Colombia to ensure that the changes do not have  
            the purpose or effect of "denying or abridging the right to  
            vote on account of race or color."  The requirement to obtain  
            approval under Section 5 is commonly referred to as a  
            "preclearance" requirement.





            While much of the VRA is permanent, certain special provisions  
            of the VRA are temporary, including Section 5, which has been  
            extended several times and is currently set to expire in 2031.  
            On June 25, 2013, the U.S. Supreme Court, in Shelby County v.  
            Holder, held that the coverage formula in Section 4 (b) of the  
            VRA is unconstitutional and can no longer be used as a basis  
            for subjecting jurisdictions to preclearance under Section 5  








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            of the VRA.  The Court stated that although the formula was  
            rational and necessary at the time of its enactment, it is no  
            longer responsive to current conditions.  The Court, however,  
            did not strike down Section 5, which contains the preclearance  
            conditions.  Without Section 4 (b), however, no jurisdiction  
            will be subject to Section 5 preclearance unless Congress  
            enacts a new coverage formula.





            In California, the counties of Kings, Monterey, and Yuba were  
            covered by the preclearance requirements because of compliance  
            with certain state laws in effect at the time (including  
            English-only ballots).  Merced County previously was subject  
            to the preclearance requirement, but it successfully bailed  
            out from Section 5 coverage in 2012 through a court approved  
            consent decree negotiated with the U.S. DOJ. Additionally, all  
            four counties had large military populations that were highly  
            transient and otherwise unlikely to register to vote or to  
            vote in elections in the counties where they were stationed.   
            Those military populations lowered the percentage of eligible  
            voters in those counties who were registered or voted for  
            President.





          2)Purpose. This bill targets specific voting practices and  
            policies that have been found to be discriminatory in the  
            past, rather than requiring all changes in voting practices  
            and policies in covered jurisdictions to be subject to  
            preclearance.  This type of targeting, which is sometimes  
            referred to as "known practices coverage," has been suggested  
            as one way to adjust the preclearance requirements in federal  
            law in response to the Supreme Court's decision in Shelby  
            County.








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            The author intends that the preclearance requirements created  
            by this bill should apply only to those political subdivisions  
            with two or more racial or ethnic groups that each represent  
            at least 20 percent of the citizen voting-age population.  
            According to census data, this bill would apply to  
            approximately 25 counties, 240 cities, and 490 school  
            districts.





            In support, MALDEF states, " AB 1301 identifies specific  
            practices that have historically been correlated with  
            deterring the participation of minority voters and the growth  
            of minority voting power, including that of emerging,  
            fast-growing minority communities - the precise communities  
            whose growing political power may cause some incumbent elected  
            officials to take steps to entrench themselves against a  
            nascent political force. By identifying these  
            elections-related changes and subjecting them to a swift and  
            efficient review for potential discrimination, California can  
            avoid the costs of federal VRA litigation by private parties  
            that would otherwise ensue. The bill also would ensure that  
            these potentially problematic changes are reviewed prior to  
            implementation at any election - before any voter's right to  
            cast a meaningful ballot is infringed."





          3)Related Legislation. AB 182 (Alejo), which is pending in the  
            Assembly, expands the California Voting Rights Act (CVRA) to  
            allow challenges to district-based elections to be brought  
            under the CVRA, as specified.








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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081