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 provide parallel provisions that 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:
The Legislature finds and declares that the
2purpose of this act is to address ongoing vote dilution and
3discrimination in voting as matters of statewide concern, in order
4to enforce the fundamental rights guaranteed to California voters
5under Section 7 of Article I and Section 2 of Article II of the
6California Constitution. Therefore, the provisions of this act shall
7be construed liberally in furtherance of this legislative intent to
8eliminate minority vote dilution. It is the further intent of the
9Legislature that any remedy implemented under this act shall
10comply with the 14th Amendment to the United States Constitution.
The heading of Article 1 (commencing with Section
1214025) is added to Chapter 1.5 of Division 14 of the Elections
13Code, to read:
14
The heading of Article 2 (commencing with Section
1814027) is added to Chapter 1.5 of Division 14 of the Elections
19Code, to read:
20
Article 3 (commencing with Section 14040) is added
24to Chapter 1.5 of Division 14 of the Elections Code, to read:
District-based elections shall not be imposed or applied
4in a manner that impairs the ability of a protected class to elect
5candidates of its choice, or its ability to influence the outcome of
6an election, as a result of the dilution or the abridgment of the
7rights of voters who are members of a protected class.
(a) A violation of Section 14040 is established if it is
9shown that racially polarized voting occurs in elections for
10members of the governing body of the political subdivision or in
11elections incorporating other electoral choices by the voters of the
12political subdivision. Elections conducted prior to the filing of an
13action pursuant to Section 14040 and this section are more
14probative to establish the existence of racially polarized voting
15than elections conducted after the filing of the action.
16(b) The occurrence of racially polarized voting shall be
17determined from examining results of elections in which at least
18one candidate is a member of a protected class or elections
19
involving ballot measures, or other electoral choices that affect
20
the rights and privileges of members of a protected class. One
21circumstance that may be considered in determining a violation
22of Section 14040 and this section is the extent to which candidates
23who are members of a protected class and who are preferred by
24voters of the protected class, as determined by an analysis of voting
25behavior, have been elected to the governing body of a political
26subdivision that is the subject of an action based on Section 14040
27and this section.
28(c) The fact that members of a protected class are not
29geographically compact or concentrated may not preclude a finding
30of racially polarized voting, or a violation of Section 14040 and
31this section, but may be a factor in determining an appropriate
32remedy.
33(d) Proof of an intent on the
part of the voters or elected officials
34to discriminate against a protected class is not required.
35(e) Other factors such as the history of discrimination, the use
36of electoral devices or other voting practices or procedures that
37may enhance the dilutive effects of the election system, denial of
38access to those processes determining which groups of candidates
39will receive financial or other support in a given election, the extent
40to which members of a protected class bear the effects of past
P4 1discrimination in areas such as education, employment, and health,
2which hinder their ability to participate effectively in the political
3process, and the use of overt or subtle racial appeals in political
4campaigns are probative, but not necessary factors, to establish a
5violation of Section 14040 and this section.
6(f) begin deleteThe end deletebegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2), the end insertfact that
7a district-based election was imposed on the political subdivision
8as a result of an action filed pursuant to Article 2 shall not be a
9defense to an action alleging a violation of this article.
10(2) (A) If a court orders a political subdivision to adopt, and
11subsequently approves, a district-based election system as a result
12of an action filed pursuant to Article 2, there shall be a rebuttable
13presumption in any subsequent action filed pursuant to this article
14that the district-based
election system of that political subdivision
15does not violate this article. The presumption shall apply only to
16the exact district-based election system that was approved by the
17court and shall not apply if the boundaries of the districts of the
18political subdivision are subsequently adjusted for any reason.
19(B) This paragraph shall apply only to a district-based election
20system that is approved by a court on or after January 1, 2015.
(a) begin delete(1)end deletebegin delete end deleteUpon a finding of a violation of Section 14040
22and Section 14041, the court shall implement appropriate remedies,
23as provided in thisbegin delete subdivisionend deletebegin insert sectionend insert, that are tailored to remedy
24the violation and that are guided in part by the views of the
25protected class.
26(2) (A) The
end delete
27begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertTheend insert court shall implement, as an appropriate remedy
28under thisbegin delete subdivisionend deletebegin insert sectionend insert, an effective district-based elections
29system that provides the protected class the opportunity to elect
30candidates of its choice from single-member districts.
31(B)
end delete
32begin insert(2)end insert If
no such additional effective districts underbegin delete subparagraph begin insert paragraph (1)end insert are possible, the court shall implement, as an
33(A)end delete
34appropriate remedy under thisbegin delete subdivisionend deletebegin insert sectionend insert, a single-member
35district-based election system that provides the protected class the
36opportunity to join in a coalition of two or more protected classes
37to elect candidates of their choice.
38(C)
end delete
39begin insert(3)end insert In addition to implementing district-based elections under
40thisbegin delete paragraphend deletebegin insert subdivisionend insert, a court may implement additional
P5 1remedies, including the remedies provided inbegin delete paragraph (3)end delete
2begin insert subdivision (c)end insert.
3(3)
end delete
4begin insert(c)end insert If the remedies underbegin delete paragraph (2)end deletebegin insert
subdivision (b)end insert
are not
5legally viable, the court shall implement other appropriate
6remedies, including, but not limited to, increasing the size of the
7governing body; issuing an injunction to delay an election; or
8requiring an election to be held on the same day as a statewide
9election, as provided in Section 1001.
10(b) This section does not prohibit the parties from settling a
11dispute arising under this article. If the parties agree to settle a
12dispute, the parties shall consider the remedies provided for in this
13section when negotiating a settlement agreement. However, this
14section does not limit the remedies available in out-of-court
15settlements.
In any action to enforce Section 14040 and Section
1714041, the court shall allow the prevailing plaintiff party, other
18than the state or political subdivision thereof, a reasonable
19attorney’s fee consistent with the standards established in Serrano
20v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses
21including, but not limited to, expert witness fees and expenses as
22part of the costs. Prevailing defendant parties shall not recover any
23costs, unless the court finds the action to be frivolous,
24unreasonable, or without foundation.
Any voter who is a member of a protected class and
26who resides in a political subdivision where a violation of Sections
2714040 and 14041 is alleged may file an action pursuant to those
28sections in the superior court of the county in which the political
29subdivision is located.
If any provision of this article or its application to any
31person or circumstance is held invalid, the remainder of the article
32or the application of the provision to other persons or circumstances
33shall not be affected.
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