Bill Text: CA SB415 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Voter participation.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2015-09-01 - Chaptered by Secretary of State. Chapter 235, Statutes of 2015. [SB415 Detail]

Download: California-2015-SB415-Chaptered.html

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BILL NUMBER: SB 415	CHAPTERED
	BILL TEXT

	CHAPTER  235
	FILED WITH SECRETARY OF STATE  SEPTEMBER 1, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2015
	PASSED THE SENATE  AUGUST 17, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN ASSEMBLY  JUNE 23, 2015
	AMENDED IN SENATE  APRIL 28, 2015
	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, 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 nonconcurrent
date has previously resulted in voter turnout for a regularly
scheduled election in that political subdivision being at least 25%
less than the average voter turnout within the political subdivision
for the previous 4 statewide general elections, except as specified.
   This bill would require a court to implement appropriate remedies
upon a violation of this prohibition. The bill would authorize a
voter who resides in a political subdivision where a violation is
alleged to file an action in superior court 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.


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 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 25 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) Except as provided in subdivision (b), a political
subdivision shall not hold an election other than on a statewide
election date if holding an election on a nonconcurrent date has
previously resulted in a significant decrease in voter turnout.
   (b) A political subdivision may hold an election other than on a
statewide election date if, by January 1, 2018, the political
subdivision has adopted a plan to consolidate a future election with
a statewide election not later than the November 8, 2022, statewide
general election.
   14053.  Upon a finding of a violation of subdivision (a) 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 subdivision (a) of Section 14052,
the court shall allow the prevailing plaintiff other than the state
or political subdivision of the state, 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 subdivision (a) 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 does not apply to special elections.
   14057.  This chapter shall become operative on January 1, 2018.