BILL NUMBER: AB 2330	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 19, 2010

   An act to amend Section 14032 of, and to add Section 14033 to, the
Elections Code, relating to elections, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2330, as introduced, Arambula. California Voting Rights Act of
2001.
   Existing law, the California Voting Rights Act of 2001 (CVRA),
prohibits the use of an at-large election in a political subdivision
if it would impair the ability of a protected class, as defined, to
elect candidates of its choice or otherwise influence the outcome of
an election. The CVRA provides that a voter who is a member of a
protected class may bring an action in superior court to enforce the
provisions of the CVRA.
   This bill would require a voter to file a written claim with the
political subdivision prior to filing an action in superior court
seeking enforcement of the CVRA. The bill would require that the
claim be filed 120 days prior to the date of the election. The
political subdivision would be required to respond to the claim
within 30 days or the claimant would be allowed to file an action.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The California Voting Rights Act of 2001 (CVRA) was enacted to
address concerns with racial bloc voting and was intended to provide
a tool to maintain a fair and open electoral system.
   (b) Since the enactment of the CVRA, numerous districts have had
their election systems challenged. While agreeing to make the changes
sought, some districts have faced demands for significant legal
expenses.
   (c) During this time of unprecedented and catastrophic budget
cuts, the payment of such expenses forces districts to redirect
scarce resources away from the classroom and students.
   (d) It is the intent of the Legislature to ensure the original
objective of the CVRA is maintained, while ensuring that local
governments are not unnecessarily burdened by legal fees and costs.
   (e) It is the intent of the Legislature that this legislation will
encourage collaboration and provide a process for reviewing and
analyzing election systems to determine which electoral system will
best represents local communities.
  SEC. 2.  Section 14032 of the Elections Code is amended to read:
   14032.   Any   A  voter who is a member
of a protected class and who resides in a political subdivision where
a violation of Sections 14027 and 14028 is alleged may file an
action pursuant to those sections in the superior court of the county
in which the political subdivision is located.  An action may
not be brought unless the voter has presented a written claim to the
political subdivision pursuant to Section 14033. 
  SEC. 3.  Section 14033 is added to the Elections Code, to read:
   14033.  (a) Prior to bringing an action alleging a violation of
Sections 14027 and 14028, a voter must present a written claim to the
political subdivision not later than 120 days prior to the date of
the election that is the subject of the claim and the written claim
shall, at a minimum, contain all of the following:
   (1) The name and address of the claimant.
   (2) A description of the circumstances which gave rise to the
claim
   (3) The relief requested by the claimant.
   (4) The signature of the claimant.
   (b) If political subdivision does not respond to a claim presented
pursuant to subdivision (a) not later than 30 days after receipt of
the claim, the claimant may immediately file an action. In responding
to a claim, the political subdivision must notify the respondent
whether it accepts the claim, rejects the claim, or proposes to
resolve the claim by relief not requested by the claimant.
   (c) If the political subdivision proposes relief not requested by
the claimant, the claimant must notify the political subdivision
whether he or she accepts or rejects the proposed relief not later
than 30 days after notification of the proposed relief.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that a less financially burdensome process for
a fair and open electoral system is provided to local government
agencies that are already under severe financial hardship, it is
necessary that this act take effect immediately.