BILL ANALYSIS Ó AB 1301 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1301 (Jones-Sawyer) - As Amended May 12, 2015 ----------------------------------------------------------------- |Policy |Elections and Redistricting |Vote:|4 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1301 Page 2 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. AB 1301 Page 3 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: AB 1301 Page 4 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 AB 1301 Page 5 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 AB 1301 Page 6 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. AB 1301 Page 7 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. AB 1301 Page 8 Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081