Bill Text: CA SB1365 | 2013-2014 | Regular Session | Enrolled
Bill Title: California Voting Rights Act of 2001.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2014-09-30 - In Senate. Consideration of Governor's veto pending. [SB1365 Detail]
Download: California-2013-SB1365-Enrolled.html
BILL NUMBER: SB 1365 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 13, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 16, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Padilla
(Principal coauthor: Assembly Member Alejo)
(Coauthor: Assembly Member Fong)
FEBRUARY 21, 2014
An act to 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 the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1365, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
SEC. 2. The heading of Article 1 (commencing with Section 14025)
is added to Chapter 1.5 of Division 14 of the Elections Code, to
read:
Article 1. General Provisions
SEC. 3. The heading of Article 2 (commencing with Section 14027)
is added to Chapter 1.5 of Division 14 of the Elections Code, to
read:
Article 2. At-Large Elections
SEC. 4. Article 3 (commencing with Section 14040) is added to
Chapter 1.5 of Division 14 of the Elections Code, to read:
Article 3. District-Based Elections
14040. 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.
14041. (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) (1) Except as provided in paragraph (2), 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.
(2) (A) If a court orders a political subdivision to adopt, and
subsequently approves, a district-based election system as a result
of an action filed pursuant to Article 2, there shall be a rebuttable
presumption in any subsequent action filed pursuant to this article
that the district-based election system of that political subdivision
does not violate this article. The presumption shall apply only to
the exact district-based election system that was approved by the
court and shall not apply if the boundaries of the districts of the
political subdivision are subsequently adjusted for any reason.
(B) This paragraph shall apply only to a district-based election
system that is approved by a court on or after January 1, 2015.
14042. (a) Upon a finding of a violation of Section 14040 and
Section 14041, the court shall implement appropriate remedies, as
provided in this section, that are tailored to remedy the violation
and that are guided in part by the views of the protected class.
(b) (1) The court shall implement, as an appropriate remedy under
this section, an effective district-based elections system that
provides the protected class the opportunity to elect candidates of
its choice from single-member districts.
(2) If no such additional effective districts under paragraph (1)
are possible, the court shall implement, as an appropriate remedy
under this section, a single-member district-based election system
that provides the protected class the opportunity to join in a
coalition of two or more protected classes to elect candidates of
their choice.
(3) In addition to implementing district-based elections under
this subdivision, a court may implement additional remedies,
including the remedies provided in subdivision (c).
(c) If the remedies under subdivision (b) 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.
14043. 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.
14044. 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.
14045. 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.
