Amended in Assembly June 16, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1365

Introduced by Senator Padilla

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(Principal coauthor: Assembly Member Alejo)

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February 21, 2014

An act to begin delete amend Sections 14027 and 14029 of end delete begin insert add the heading of Article 1 (commencing with Section 14025) and the heading of Article 2 (commencing with Section 14027) to, and to add Article 3 (commencing with Section 14040) to, Chapter 1.5 of Division 14 of end insert 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. 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.

This bill would begin delete also end delete begin insert provide parallel provisions that end insert 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. 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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 The Legislature finds and declares that the
purpose of this act is to address ongoing vote dilution and
discrimination in voting as matters of statewide concern, in order
to enforce the fundamental rights guaranteed to California voters
under Section 7 of Article I and Section 2 of Article II of the
California Constitution. Therefore, the provisions of this act shall
be construed liberally in furtherance of this legislative intent to
eliminate minority vote dilution. It is the further intent of the
Legislature that any remedy implemented under this act shall
comply with the 14th Amendment to the United States Constitution. end insert

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begin insert SEC. 2. end insert   

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begin insert The heading of Article 1 (commencing with Section
14025) is added to Chapter 1.5 of Division 14 of the end insert begin insert Elections
Code end insert begin insert , to read: end insert

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Article begin insert 1. end insert   General Provisions

 

end insert

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begin insert SEC. 3. end insert   

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begin insert The heading of Article 2 (commencing with Section
14027) is added to Chapter 1.5 of Division 14 of the end insert begin insert Elections
Code end insert begin insert , to read: end insert

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Article begin insert 2. end insert   At-Large Elections

 

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begin insert SEC. 4. end insert   

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begin insert Article 3 (commencing with Section 14040) is added
to Chapter 1.5 of Division 14 of the end insert begin insert Elections Code end insert begin insert , to read: end insert

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Article begin insert 3. end insert   District-Based Elections

 

begin insert 14040. end insert   

District-based elections 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.

begin insert 14041. end insert   

(a) A violation of Section 14040 is established if it is
shown that racially polarized voting occurs in elections for
members of the governing body of the political subdivision or in
elections incorporating other electoral choices by the voters of
the political subdivision. Elections conducted prior to the filing
of an action pursuant to Section 14040 and this section are more
probative to establish the existence of racially polarized voting
than elections conducted after the filing of the action.

(b) The occurrence of racially polarized voting shall be
determined from examining results of elections in which at least
one candidate is a member of a protected class or elections
involving ballot measures, or other electoral choices that affect
the rights and privileges of members of a protected class. One
circumstance that may be considered in determining a violation
of Section 14040 and this section is the extent to which candidates
who are members of a protected class and who are preferred by
voters of the protected class, as determined by an analysis of voting
behavior, have been elected to the governing body of a political
subdivision that is the subject of an action based on Section 14040
and this section.

(c) The fact that members of a protected class are not
geographically compact or concentrated may not preclude a
finding of racially polarized voting, or a violation of Section 14040
and this section, but may be a factor in determining an appropriate
remedy.

(d) Proof of an intent on the part of the voters or elected officials
to discriminate against a protected class is not required.

(e) Other factors such as the history of discrimination, the use
of electoral devices or other voting practices or procedures that
may enhance the dilutive effects of the election system, denial of
access to those processes determining which groups of candidates
will receive financial or other support in a given election, the
extent to which members of a protected class bear the effects of
past discrimination in areas such as education, employment, and
health, which hinder their ability to participate effectively in the
political process, and the use of overt or subtle racial appeals in
political campaigns are probative, but not necessary factors, to
establish a violation of Section 14040 and this section.

(f) The fact that a district-based election was imposed on the
political subdivision as a result of an action filed pursuant to
Article 2 shall not be a defense to an action alleging a violation
of this article.

begin insert 14042. end insert   

(a) (1) Upon a finding of a violation of Section 14040
and Section 14041, 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.

(2) (A) The court shall implement, as an appropriate remedy
under this subdivision, an effective district-based elections system
that provide the protected class the opportunity to elect candidates
of its choice from single-member districts.

(B) If no such additional effective districts under subparagraph
(A) is possible, the court shall implement, as an appropriate remedy
under this subdivision, a single-member district-based election
system that provide the protected class the opportunity to join in
a coalition of groups to elect candidates of their choice.

(C) In addition to implementing district-based elections under
this paragraph, a court may implement additional remedies,
including the remedies provided in paragraph (3).

(3) If the remedies under paragraph (2) are not legally viable,
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.

(b) This section does not prohibit the parties from settling a
dispute arising under this article. If the parties agree to settle a
dispute, the parties shall consider the remedies provided for in
this section when negotiating a settlement agreement. However,
this section does not limit the remedies available in out-of-court
settlements.

begin insert 14043. end insert   

In any action to enforce Section 14040 and Section
14041, the court shall allow the prevailing plaintiff party, 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. Prevailing defendant parties shall not recover
any costs, unless the court finds the action to be frivolous,
unreasonable, or without foundation.

begin insert 14044. end insert   

Any voter who is a member of a protected class and
who resides in a political subdivision where a violation of Sections
14040 and 14041 is alleged may file an action pursuant to those
sections in the superior court of the county in which the political
subdivision is located.

begin insert 14045. end insert   

If any provision of this article or its application to any
person or circumstance is held invalid, the remainder of the article
or the application of the provision to other persons or
circumstances shall not be affected.

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SECTION 1.  

Section 14027 of the Elections Code is amended
to read:

14027.  

(a) An at-large method of 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.

(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.

SEC. 2.  

Section 14029 of the Elections Code is amended to
read:

14029.  

(a) Upon a finding of a violation of subdivision (a) of
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.

(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.

(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.

(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.

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

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

(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.

(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.

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