BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2015
	AMENDED IN SENATE  APRIL 15, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hueso
   (Principal coauthors: Assembly Members Alejo, Calderon, and Roger
Hernández)

                        FEBRUARY 25, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended, Hueso. Voter participation.
   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.
   This bill, commencing January 1, 2018, 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   25%  less than the
average voter turnout within the political subdivision for the
previous  four   4  statewide general
elections.
   This bill would require a court to implement appropriate remedies
upon a violation of this prohibition.  This  
The  bill would  permit   authorize  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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 1.7 (commencing with Section 14050) is added to
Division 14 of the Elections Code, to read:
      CHAPTER 1.7.  VOTER PARTICIPATION


   14050.  This chapter shall be known and may be cited as the
California Voter Participation Rights Act.
   14051.  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  25  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.
   14052.  A political subdivision shall not hold an election other
than on a statewide election date if holding an election on a
nonconcurrent date has previously resulted in a significant decrease
in voter turnout.
   14053.  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.
   14054.  In an action to enforce Section 14052, the court shall
allow the prevailing plaintiff other than the state or political
subdivision  thereof,   of the state,  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.
   14055.  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.
   14056.  This chapter does not apply to special elections.
   14057.  This chapter shall become operative on January 1, 2018.