BILL NUMBER: AB 277	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2015
	PASSED THE ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 11, 2015

   An act to amend Section 14026 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 277, Roger Hernández. 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 and who resides in a political subdivision where a
violation of the act occurs may bring an action in superior court to
enforce its provisions. 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. The
CVRA defines "political subdivision" to mean 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.
The state courts have determined that the provisions of the CVRA
apply to a charter city.
   This bill would amend the CVRA's definition of "political
subdivision" to expressly include a charter city, charter county, or
charter city and county. The bill would also state that it is the
intent of the Legislature in enacting this bill to codify the holding
of the state courts regarding the applicability of the CVRA to
charter cities.



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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The dilution of votes of a protected class is a matter of
statewide concern.
   (b) The provisions of the California Voting Rights Act are
reasonably related to the issue of vote dilution and constitute a
narrowly-drawn remedy that does not unnecessarily interfere with
municipal governance.
   (c) It is the intent of the Legislature that the California Voting
Rights Act apply to charter cities, charter counties, and charter
cities and counties.
   (d) It is further the intent of the Legislature in enacting this
act to codify the holding in Jauregui v. City of Palmdale (2014) 226
Cal.App.4th 781.
  SEC. 2.  Section 14026 of the Elections Code is amended to read:
   14026.  As used in this chapter:
   (a) "At-large method of election" means any of the following
methods of electing members to the governing body of a political
subdivision:
   (1) One in which the voters of the entire jurisdiction elect the
members to the governing body.
   (2) One in which the candidates are required to reside within
given areas of the jurisdiction and the voters of the entire
jurisdiction elect the members to the governing body.
   (3) One which combines at-large elections with district-based
elections.
   (b) "District-based elections" means a method of electing members
to the governing body of a political subdivision in which the
candidate must reside within an election district that is a divisible
part of the political subdivision and is elected only by voters
residing within that election district.
   (c) "Political subdivision" means a geographic area of
representation created for the provision of government services,
including, but not limited to, a general law city, general law
county, charter city, charter county, charter city and county, a
school district, community college district, or other district
organized pursuant to state law.
   (d) "Protected class" means a class of voters who are members of a
race, color, or language minority group, as this class is referenced
and defined in the federal Voting Rights Act (52 U.S.C. Sec. 10301
et seq.).
   (e) "Racially polarized voting" means voting in which there is a
difference, as defined in case law regarding enforcement of the
federal Voting Rights Act (52 U.S.C. Sec. 10301 et seq.), in the
choice of candidates or other electoral choices that are preferred by
voters in a protected class, and in the choice of candidates and
electoral choices that are preferred by voters in the rest of the
electorate. The methodologies for estimating group voting behavior as
approved in applicable federal cases to enforce the federal Voting
Rights Act (52 U.S.C. Sec. 10301 et seq.) to establish racially
polarized voting may be used for purposes of this section to prove
that elections are characterized by racially polarized voting.