Amended in Senate April 6, 2015

Senate Bill No. 415

Introduced by Senator Hueso

(Principal begin delete coauthor: Assembly Member end delete begin insert coauthors: Assembly Members end insert Alejo begin insert , Calderon, and Roger end insert begin insert  Hernández end insert )

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(Coauthor: Assembly Member Roger Hernández)

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February 25, 2015

An act begin insert to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 415, as amended, Hueso. begin delete Local election dates. end delete begin insert Voter participation. end insert

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Existing law generally requires all state, county, municipal, district, and school district elections be held on an established election date. Existing law also establishes certain dates for statewide elections. Existing law requires any state, county, municipal, district, and school district election held on a statewide election date to be consolidated with a statewide election, except as provided.

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This bill would prohibit a political subdivision, as defined, from holding an election other than on a statewide election date if holding an election on a non-concurrent date has previously resulted in voter turnout for a regularly-scheduled election in that political subdivision being at least five percent less than the average voter turnout within the political subdivision for the previous four statewide general elections.

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This bill would require a court to implement appropriate remedies upon a violation of this prohibition. This bill would permit a voter who resides in a political subdivision where a violation is alleged to enforce this prohibition, and it would allow a prevailing plaintiff other than the state or political subdivision to collect a reasonable attorney’s fee and litigation expenses, as provided.

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By requiring counties to change the conduct of their elections in certain circumstances, this bill would impose a state-mandated local program.

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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.

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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.

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Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year, the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year. Existing law requires the statewide direct primary election and the statewide general election to be held on the established dates in June and November of each even-numbered year. Existing law requires that county, municipal, district, and school district elections be held on one or more of the established election dates, as specified.

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This bill would state the intent of the Legislature to enact legislation that would prohibit a political subdivision from holding an election on a date other than the date of a statewide direct primary election or statewide general election if doing so would result in a significant decrease in voter turnout as compared to the voter turnout at a statewide election.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Chapter 1.7 (commencing with Section 14050)
is added to Division 14 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

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Chapter   begin insert 1.7. end insert Voter Participation

 

begin insert 14050. end insert   

This act shall be known and may be cited as the
California Voter Participation Rights Act.

begin insert 14051. end insert   

As used in this chapter:

(a) “Political subdivision” means a geographic area of
representation created for the provision of government services,
including, but not limited to, a city, a school district, a community
college district, or other district organized pursuant to state law.

(b) “Significant decrease in voter turnout” means the voter
turnout for a regularly-scheduled election in a political subdivision
is at least five percent less than the average voter turnout within
that political subdivision for the previous four statewide general
elections.

(c) “Voter turnout” means the percentage of voters who are
eligible to cast ballots within a given political subdivision who
voted.

begin insert 14052. end insert   

A political subdivision shall not hold an election other
than on a statewide election date if holding an election on a
non-concurrent date has previously resulted in a significant
decrease in voter turnout.

begin insert 14053. end insert   

Upon a finding of a violation of Section 14052, the
court shall implement appropriate remedies, including the
imposition of concurrent election dates for future elections and
the upgrade of voting equipment or systems to do so. In imposing
remedies pursuant to this section, a court may also require a county
board of supervisors to approve consolidation pursuant to Section
10402.5.

begin insert 14054. end insert   

In an action to enforce Section 14052, the court shall
allow the prevailing plaintiff other than the state or political
subdivision thereof, a reasonable attorney’s fee consistent with
the standards established in Serrano v. Priest (1977) 20 Cal.3d
25, 48-49, and litigation expenses including, but not limited to,
expert witness fees and expenses as part of the costs. A prevailing
defendant shall not recover any costs, unless the court finds the
action to be frivolous, unreasonable, or without foundation.

begin insert 14055. end insert   

A voter who resides in a political subdivision where a
violation of Section 14052 is alleged may file an action pursuant
to that section in the superior court of the county in which the
political subdivision is located.

begin insert 14056. end insert   

This chapter shall not apply to special elections.

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begin insert SEC. 2. end insert   

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begin insert This act shall become operative on January 1, 2018. end insert

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begin insert SEC. 3. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to prohibit a political subdivision from holding an
election on a date other than the date of a statewide direct primary
election or statewide general election if doing so would result in
a significant decrease in voter turnout as compared to the voter
turnout at a statewide election.

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