BILL NUMBER: AB 350 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 29, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Alejo
FEBRUARY 17, 2015
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 amend Section 14029 of
the Elections Code, and to add Section 34887 to the
Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 350, as amended, Alejo. California Voting Rights Act of
2001. 2001: district-based municipal
elections.
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 the CVRA requires
a the 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 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. 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.
If a court imposes district-based elections in a political
subdivision and the members of the governing body of that political
subdivision will be elected in their districts at different times to
provide for staggered terms of office, this bill would require the
districts that have the largest populations of members of the
protected class to elect their governing board members at the first
election under the district-based election system.
Existing law generally requires all elective city offices,
including the members of a city council, to be filled at large by the
city electorate at a general municipal election. Existing law, at
any municipal election or special election held for this purpose,
authorizes the legislative body of a city to submit to the registered
voters an ordinance providing for the election of members of the
legislative body by district or from district, as defined, and with
or without an elective mayor. Existing law also authorizes the
legislative body of a city with a population of fewer than 100,000
people to adopt an ordinance that requires the members of the
legislative body to be elected by district or by district with an
elective mayor without being required to submit the ordinance to the
voters for approval.
If, during the implementation of by district or from district
elections, the members of the legislative body will be elected in
their districts at different times to provide for staggered terms of
office, this bill would prohibit a city from selecting district
election dates for the purpose of, or in a manner that will have the
effect of, impairing 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 abridgment of the rights of voters
who are members of the protected class.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14029 of the
Elections Code is amended to read:
14029. (a) Upon a finding of a violation of
Section 14027 and Section 14028, the court shall implement
appropriate remedies, including the imposition of district-based
elections, that are tailored to remedy the violation.
(b) If a court imposes district-based elections in a political
subdivision pursuant to subdivision (a), and if the members of the
governing body of the political subdivision will be elected in their
districts at different times to provide for staggered terms of
office, the districts that have the largest populations of members of
the protected class shall elect their governing board members at the
first election under the district-based election system.
SEC. 2. Section 34887 is added to the
Elections Code , to read:
34887. If, during the implementation of by district or from
district elections pursuant to this article, the members of the
legislative body will be elected in their districts at different
times to provide for staggered terms of office, a city shall not
select district election dates for the purpose of, or in a manner
that will have the effect of, impairing the ability of a protected
class, as defined in Section 14026 of the Elections Code, to elect
candidates of its choice or its ability to influence the outcome of
an election, as a result of the abridgment of the rights of voters
who are members of the protected class.
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. The
Legislature also finds and declares that this act is consistent with
the decision of the Court of Appeal in Sanchez v. City of Modesto
(2006) 145 Cal.App.4th 660.
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 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 does 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,
that 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, 2017.
14042. (a) Upon a finding of a violation of Sections 14040 and
14041, the court shall implement an effective district-based
elections system that provides the protected class the opportunity to
elect candidates of its choice from single-member districts.
(b) If additional effective districts under subdivision (a) are
not possible without increasing the size of the governing body, or
will not alone provide an appropriate remedy, the court may order
additional remedies, including any of the following:
(1) Incrementally increasing the size of the governing body upon
approval of voters in the jurisdiction.
(2) 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 demonstrated political cohesion among the protected
classes.
(3) Issuing an injunction to delay an election.
14043. In any action to enforce Sections 14040 and 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, Articles 1, 2, and the
remainder of this article, or the application of the provision to
other persons or circumstances, shall not be affected.