Amended in Senate April 21, 2014

Senate Bill No. 1365

Introduced by Senator Padilla

February 21, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 14027 begin insert and 14029 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1365, as amended, Padilla. 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. begin insert The CVRA requires a court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act. end insert

This bill would also prohibit the use of a district-based 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. begin insert The bill would require a court to implement specified remedies upon a finding that a district-based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice or otherwise influence the outcome of an election. end insert

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.  

Section 14027 of the Elections Code is amended
to read:

14027.  

begin insert (a) end insert begin insert   end insert An at-large method of election begin delete or a district-based
election end delete shall not be imposed or applied in a manner that impairs
the ability of a protected class to elect candidates of its choice or
its ability to influence the outcome of an election, as a result of
the dilution or the abridgment of the rights of voters who are
members of a protected class, as defined pursuant to Section 14026.

begin insert

(b) A district-based election shall not be imposed or applied in
a manner that impairs the ability of a protected class to elect
candidates of its choice or its ability to influence the outcome of
an election, as a result of the dilution or the abridgment of the
rights of voters who are members of a protected class, as defined
pursuant to Section 14026.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 14029 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

14029.  

begin insert (a) end insert begin insert   end insert Upon a finding of a violation of begin insert subdivision (a) of end insert
Section 14027 and Section 14028, the court shall implement
appropriate remedies, including the imposition of district-based
elections, that are tailored to remedy the violation.

begin insert

(b) (1) Upon a finding of a violation of subdivision (b) of
Section 14027 and Section 14028, the court shall implement
appropriate remedies, as provided in this subdivision, that are
tailored to remedy the violation and that are guided in part by the
views of the protected class.

end insert begin insert

(2) (A) If reasonably feasible, the court shall implement, as an
appropriate remedy under this subdivision, a redistricting plan
that provides the protected class the opportunity to elect candidates
of its choice.

end insert begin insert

(B) If a redistricting plan under subparagraph (A) is not
reasonably feasible, the court shall implement, as an appropriate
remedy under this subdivision, a redistricting plan that provides
the protected class the opportunity to join with a coalition of
groups to elect candidates of their choice.

end insert begin insert

(C) A redistricting plan implemented under this paragraph shall
comply with all applicable state and federal laws.

end insert begin insert

(D) In addition to implementing a redistricting plan under this
paragraph, a court may implement additional remedies, including
the remedies provided in paragraph (3).

end insert begin insert

(3) If a redistricting plan under paragraph (2) is not reasonably
feasible, the court shall implement other appropriate remedies,
including, but not limited to, increasing the size of the governing
body; issuing an injunction to delay an election; or requiring an
election to be held on the same day as a statewide election, as
provided in Section 1001.

end insert begin insert

(c) This section does not prohibit the parties from settling a
dispute arising under this chapter. If the parties agree to settle a
dispute, the parties shall consider the remedies provided for in
this section when negotiating a settlement agreement.

end insert