BILL ANALYSIS Ó AB 182 Page 1 GOVERNOR'S VETO AB 182 (Alejo, et al.) As Enrolled September 10, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |53-25 |(May 11, 2015) |SENATE: |26-14 | (September 3, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |53-24 |(September 8, | | | | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: E. & R. SUMMARY: Expands the California Voting Rights Act of 2001 (CVRA) to allow challenges to district-based elections to be brought under the CVRA, as specified. Specifically, this bill: AB 182 Page 2 1)Prohibits district-based elections from being imposed or applied in a manner that impairs the ability of a protected class of voters to elect candidates of its choice as the result of the dilution or abridgement of the rights of voters who are members of a protected class. 2)Provides that the fact that a district-based election was imposed on a political subdivision as a result of an action filed pursuant to the CVRA shall not be a defense to an action alleging that the district-based elections violate this bill. Provides that a court-ordered district-based election system that is adopted on or after January 1, 2016, as a result of an action filed pursuant to the CVRA, shall be subject to a rebuttable presumption that the system does not violate this bill. 3)Requires a court, upon finding that a political subdivision's district-based elections violate this bill, to implement an effective district-based elections system that provides the protected class the opportunity to elect candidates of its choice from single-member districts. Permits the court, if it is not possible to create a district plan in which the protected class has the opportunity to elect candidates of its choice, to order additional remedies, including, any of the following: a) Increasing the size of the governing body, if approved by the voters in the jurisdiction; b) Approving 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 if there is a demonstrated political cohesion among the protected classes; c) Requiring elections for members of the governing body of the political subdivision to be held on the same day as a statewide election; or, AB 182 Page 3 d) Issuing an injunction to delay an election. 4)States that the purpose of the Legislature in enacting this bill 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 specified provisions of the California Constitution. Requires the provisions of this bill to be construed liberally in furtherance of this legislative intent to eliminate minority vote dilution. Declares the intent of the Legislature that any remedy implemented under this bill shall comply with the 14th Amendment to the United States Constitution. Finds and declares that this bill is consistent with a specified court case. 5)Contains a severability clause. The Senate amendments require a court, if it is considering ordering that elections of a governing body be held on the same day as a statewide election, to take into account the capacity of the county to consolidate the election date with statewide elections. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "AB 182 will expand the California Voting Rights Act of 2001 to better protect minority communities across the state. Voter disenfranchisement still persists today. This measure is a means for us to protect voters from being excluded and ensure that we have a working democracy in California for years to come. This bill will allow challenges to district-based elections that are being imposed or applied in a manner that impairs the ability of a protected AB 182 Page 4 class of voters to elect candidates of their choice." SB 976 (Polanco), Chapter 129, Statutes of 2002, enacted the CVRA to address racial block voting in at-large elections for local office. In areas where racial block voting occurs, an at-large method of election can dilute the voting rights of minority communities if the majority typically votes to support candidates that differ from the candidates who are preferred by minority communities. In such situations, breaking a jurisdiction up into districts can result in districts in which a minority community can elect the candidate of its choice or otherwise have the ability to influence the outcome of an election. Accordingly, the CVRA prohibits an at-large method of election from being imposed or applied in a political subdivision in a manner that impairs the ability of a protected class of voters to elect the candidate of its choice or to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of the protected class. This bill expands the CVRA to permit challenges to be brought to district-based election systems that impair the ability of a protected class of voters to elect the candidates of its choice, as a result of the dilution or the abridgement of the rights of voters who are members of the protected class. Challenges to district-based election systems under the CVRA would be subject to the same standards and procedures that currently apply to challenges to at-large election systems that are brought under the CVRA. As is the case with challenges to at-large election systems under the CVRA, prevailing plaintiff parties under this bill would be able to recover attorney's fees, including expert witness fees and expenses. Prevailing defendant parties are not able to recover costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. The primary difference between challenges brought under the CVRA AB 182 Page 5 to at-large elections and challenges brought to district-based elections under this bill are the remedies that would be available when a court finds that a violation exists. While existing law does not explicitly limit the remedies that a court may consider in response to an at-large election system that violates the CVRA, it does state that the imposition of district-based elections may be an appropriate remedy for such a violation. By contrast, if a district-based election system were found to violate the CVRA under the provisions of this bill, the court would be required to devise a single-member district-based election system that provides the protected class of voters the opportunity to elect candidates of its choice from single-member districts. If a plan cannot be created that would give the protected class the opportunity to elect candidates of its choice, the court would be allowed to consider other appropriate remedies, including increasing the size of the governing body if approved by the voters of the jurisdiction, creating a single-member district-based election system in which a coalition of two protected classes that are politically cohesive can elect the candidates of their choice, requiring elections for the governing board of the political subdivision to be held on the same day as a statewide election, or issuing an injunction to delay an election. Please see the policy committee analysis for a full discussion of this bill. GOVERNOR'S VETO MESSAGE: This bill would apply the rules governing at-large elections in the California Voting Rights Act to challenges related to district-based elections. I vetoed a similar bill last year, SB 1365 (Padilla), and my views have not changed. I believe the federal Voting Rights Act AB 182 Page 6 and the California Voting Rights Act provide important and sufficient safeguards to ensure that the electoral strength of minority voters is protected. Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0002520