BILL NUMBER: AB 2330 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
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 amended, 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 , and, if the voter prevails in the case,
he or she may be awarded reasonable litigation costs and attorney's
fees .
This bill would require a voter to file a written claim with
the political subdivision a county office of
education or a school district prior to filing an
action in superior court seeking enforcement of the CVRA against
those entities . The bill would require that the claim be
filed 120 days prior to the date of the election. The
political subdivision county office of education or
the school district would be required to respond to the claim
within 30 days or the claimant would be allowed to file an action.
The bill would provide that the county office of education or
the school district would not be liable for a claimant's litigation
costs or attorney's fees if the claim is accepted by the county
office of education or the school district or if the
claimant accepts alternative relief proposed by the county office of
education or the school d istrict.
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. 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 against a county office of
education or a school district may not be brought unless the
voter has presented a written claim to the political
subdivision county office of education or the school
district pursuant to Section 14033.
SEC. 3. Section 14033 is added to the Elections Code, to read:
14033. (a) Prior to bringing an action against a county
office of education or a school district alleging a violation
of Sections 14027 and 14028, a voter must present a written claim to
the political subdivision county office of
education or the school district 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 the county
office of education or the school district 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
county office of education or the school district
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 county
office of education or the school district proposes relief not
requested by the claimant, the claimant must notify the
political subdivision county office of education or
the school district whether he or she accepts or rejects the
proposed relief not later than 30 days after notification of the
proposed relief. Upon notifying the county office of education
or the school district of rejection of the proposed relief, the
claimant may immediately file an action.
(d) If the county office of education or the school district
accepts the claim, or the claimant accepts the relief proposed by the
county office of education or the school district, the county office
of education or the school district shall not be liable for any
attorney's fees or litigation costs of claimant pursuant to Section
14030.
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.