BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hueso
   (Principal coauthors: Assembly Members Alejo, Calderon, and Roger
Hernández)

                        FEBRUARY 25, 2015

   An act to add Chapter 1.7 (commencing with Section 14050) to
Division 14 of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended, Hueso. Voter participation.
   Existing law generally requires all state, county, municipal,
district, and school district elections be held on an established
election date. Existing law also establishes certain dates for
statewide elections. Existing law requires any state, county,
municipal, district, and school district election held on a statewide
election date to be consolidated with a statewide election, except
as provided.
   This bill  , commencing January 1, 2018,  would prohibit
a political subdivision, as defined, from holding an election other
than on a statewide election date if holding an election on a
non-concurrent date has previously resulted in voter turnout for a
regularly-scheduled election in that political subdivision being at
least five percent less than the average voter turnout within the
political subdivision for the previous four statewide general
elections.
   This bill would require a court to implement appropriate remedies
upon a violation of this prohibition. This bill would permit a voter
who resides in a political subdivision where a violation is alleged
to enforce this prohibition, and it would allow a prevailing
plaintiff other than the state or political subdivision to collect a
reasonable attorney's fee and litigation expenses, as provided.

   By requiring counties to change the conduct of their elections in
certain circumstances, this bill would impose a state-mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Chapter 1.7 (commencing with Section 14050) is added to
Division 14 of the Elections Code, to read:
      CHAPTER 1.7.  VOTER PARTICIPATION


   14050.  This  act   chapter  shall be
known and may be cited as the California Voter Participation Rights
Act.
   14051.  As used in this chapter:
   (a) "Political subdivision" means a geographic area of
representation created for the provision of government services,
including, but not limited to, a city, a school district, a community
college district, or other district organized pursuant to state law.

   (b) "Significant decrease in voter turnout" means the voter
turnout for a regularly-scheduled election in a political subdivision
is at least five percent less than the average voter turnout within
that political subdivision for the previous four statewide general
elections.
   (c) "Voter turnout" means the percentage of voters who are
eligible to cast ballots within a given political subdivision who
voted.
   14052.  A political subdivision shall not hold an election other
than on a statewide election date if holding an election on a
non-concurrent date has previously resulted in a significant decrease
in voter turnout.
   14053.  Upon a finding of a violation of Section 14052, the court
shall implement appropriate remedies, including the imposition of
concurrent election dates for future elections and the upgrade of
voting equipment or systems to do so. In imposing remedies pursuant
to this section, a court may also require a county board of
supervisors to approve consolidation pursuant to Section 10402.5.
   14054.  In an action to enforce Section 14052, the court shall
allow the prevailing plaintiff 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. A prevailing
defendant shall not recover any costs, unless the court finds the
action to be frivolous, unreasonable, or without foundation.
   14055.  A voter who resides in a political subdivision where a
violation of Section 14052 is alleged may file an action pursuant to
that section in the superior court of the county in which the
political subdivision is located.
   14056.  This chapter  shall   does  not
apply to special elections. 
   14057.  This chapter shall become operative on January 1, 2018.
 
  SEC. 2.    This act shall become operative on
January 1, 2018.  
  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.