BILL NUMBER: AB 1301 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 27, 2015
An act to add Chapter 5 (commencing with Section 400) to Division
0.5 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1301, as amended, Jones-Sawyer. Voting rights: preclearance.
Existing law, the federal Voting Rights Act of 1965, provides that
a change in voting procedures may not take effect in a state or
political subdivision that is covered by the preclearance
requirements of the federal act until the change is approved by a
specified federal authority. A state or political subdivision is
covered by the preclearance requirements of the federal act if it
maintained a specified test or device as a prerequisite to voting,
and had low voter registration or turnout, in the 1960s and early
1970s. The federal act allows a state or political subdivision
covered by the act to obtain an exemption from the preclearance
requirements if it satisfies specified criteria. The United States
Supreme Court has held that the coverage formula of the federal act
is unconstitutional and may not be used as a basis for requiring a
jurisdiction to subject a proposed change in voting procedures to
federal preclearance. Prior to Before
that holding, the Counties of Kings, Monterey, and Yuba were covered
jurisdictions subject to the federal preclearance requirements.
This bill would establish a state preclearance system. Under this
system, if a covered political subdivision , as
defined, enacts or seeks to administer a voting-related law,
regulation, or policy, as specified, that is different from that in
force or effect on the date this act is enacted, the governing body
of the covered political subdivision would be required to
submit the law, regulation, or policy to the Secretary of State for
approval. The bill would require the Secretary of State to approve
the law, regulation, or policy only if specified conditions are met.
The bill would provide that the law, regulation, or policy shall not
take effect or be administered in the covered political
subdivision until the law, regulation, or policy is approved by the
Secretary of State, except as specified. The bill would allow the
governing body of the covered political subdivision to
seek review of the Secretary of State's decision by means of an
action filed in the Superior Court of Sacramento.
By requiring local governments to seek approval of the Secretary
of State for changes to voting procedures, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section 400) is added to
Division 0.5 of the Elections Code, to read:
CHAPTER 5. STATE PRECLEARANCE
400. For purposes of this chapter, the following terms have the
following meanings:
(a) "Citizen" means a citizen of the United States.
(b) "Citizen voting-age population" means the population of
citizens who are 18 years of age or older within a political
subdivision, as calculated by the United States Census Bureau in the
most recent federal decennial census.
(c) "Covered political subdivision" means a political subdivision
with two or more racial or ethnic groups that each represent at least
20 percent of the citizen voting-age population in the political
subdivision.
(c)
(d) "Electoral jurisdiction" means a geographic area
within which reside the voters who are qualified to vote for an
elective office.
(d)
(e) "Multilingual voting materials" means registration
or voting notices, forms, instructions, assistance, or other
materials or information relating to the electoral process, including
ballots, provided in the language of one or more language minority
groups.
(e)
(f) "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.
(f)
(g) "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 of 1965
(52 U.S.C. Sec. 10101 et seq.).
(g)
(h) "Voting locations" means places for casting a
ballot.
401. To ensure that the right of citizens who reside in
California to vote is not denied or abridged on account of race,
color, or language minority status through the enforcement of a
voting-related law, regulation, or policy that is enacted or
administered after the enactment date of this chapter, the following
voting-related laws, regulations, and policies shall be subject to
this chapter:
(a) A change to an at-large method of election that adds offices
elected at-large or converts offices elected by single-member
districts to one or more at-large or multimember districts.
(b) A change to the boundaries of an electoral jurisdiction, or a
series of changes within a year to the boundaries of an electoral
jurisdiction, that reduces the proportion of the citizen voting-age
population that are members of a single protected class by 5 or more
percent.
(c) A change through redistricting that alters the boundaries of
districts within an electoral jurisdiction in which a single
protected class has experienced a population increase of at least
25,000 residents or at least 20 percent of the citizen voting-age
population of the protected class over the preceding decade, as
determined by the five-year estimates of the United States Census
American Community Survey.
(d) A change to voting locations that reduces, consolidates, or
relocates one or more voting locations, including an early, absentee,
or election day voting location, and results in a net loss, on a per
voter basis, of voting locations in the 20 percent of the total
number of census tracts in a covered political subdivision
with the highest proportion of voters from a single protected class
that represents at least 20 percent of the citizen voting-age
population in the covered political subdivision, provided
that the net loss is greater than the net loss resulting from the
changes in the 20 percent of the total number of census tracts in a
covered political subdivision with the highest proportion
of voters of any other racial or ethnic group that represents at
least 20 percent of the citizen voting-age population in the
covered political subdivision.
(e) A change to multilingual voting materials that reduces the
voting materials available in languages other than English, or that
alters the manner in which the materials are provided or distributed,
if no similar reduction or alteration occurred in materials provided
in English.
402. (a) If a covered political subdivision enacts or
seeks to administer a voting-related law, regulation, or policy
described in Section 401 that is different from that in force or
effect on the date this chapter is enacted, the governing body of the
covered political subdivision shall submit the law,
regulation, or policy to the Secretary of State for approval. The
law, regulation, or policy shall not take effect or be administered
in the covered political subdivision until the law,
regulation, or policy is approved by the Secretary of State.
(b) The Secretary of State shall provide a written decision to the
governing body of the covered political subdivision
within 60 days of a request to enact or administer a voting-related
law, regulation, or policy described in Section 401. If the Secretary
of State fails to provide a written decision within 60 days, the
governing body of the covered political subdivision may
implement the law, regulation, or policy. The governing body of the
covered political subdivision may make a written request
for an expedited review of a law, regulation, or policy if the
covered political subdivision has a demonstrated need to
implement the proposed change before the end of the 60-day review
period. The written request shall describe the basis for the request
in light of conditions in the covered political
subdivision and shall specify the date by which a decision is needed.
The Secretary of State shall attempt to accommodate a reasonable
request.
(c) The governing body of the covered political
subdivision shall have the burden of establishing, by objective and
compelling evidence, that the law, regulation, or policy satisfies
both of the following:
(1) Is not likely to result in a discriminatory effect on the
participation of voters from a protected class that constitutes at
least 20 percent of the covered political subdivision's
citizen voting-age population.
(2) Is not motivated in whole or substantially in part by an
intent to reduce the participation of voters from a protected class.
(d) If the Secretary of State denies a request to enact or
administer a law, regulation, or policy, the governing body of the
covered political subdivision may seek review of the
decision by means of an action filed in superior court.
(e) The Secretary of State may file suit to enjoin the governing
body of a covered political subdivision from implementing
a law, regulation, or policy in violation of this section.
(f) Venue for an action filed pursuant to subdivision (d) or (e)
shall lie exclusively in the Superior Court for the County of
Sacramento.
(g) Notwithstanding any other law, a covered political
subdivision may enact or administer a voting-related law, regulation,
or policy described in Section 401 that is different from that in
force or effect on the date this chapter is enacted if doing so is
necessary because of an unexpected circumstance that occurred during
the 30 days immediately preceding an election, in which case the
covered political subdivision may enact or administer the law,
regulation, or policy only for purposes of that election. After the
election, the covered political subdivision shall
immediately submit the law, regulation, or policy to the Secretary of
State for approval pursuant to this section.
403. A political subdivision with two or more racial or ethnic
groups that each represent at least 20 percent of the citizen
voting-age population in the political subdivision shall not
implement a previously enacted or adopted voting-related law,
regulation, or policy described in Section 401 that has not yet been
implemented, unless the law, regulation, or policy is approved
pursuant to Section 402.
404. 403. (a) The Attorney General,
or a registered voter who resides in a covered political
subdivision where the change to a voting-related law, regulation, or
policy occurred, may file an action in superior court to compel the
covered political subdivision to satisfy the obligations
set forth in this chapter.
(b) In an action brought pursuant to this section, a court shall
provide as a remedy that the voting-related law, regulation, or
policy be enjoined unless the court determines that the law,
regulation, or policy is not subject to this chapter or has been
approved by the procedures established in Section 402.
405. 404. For purposes of this
chapter, any data provided by the United States Census Bureau,
whether based on enumeration or statistical sampling, shall not be
subject to challenge or review by any court.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.