BILL NUMBER: AB 1301 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member
Jones-Sawyer Members Jones-Sawyer
and Alejo
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. 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.
(d) "Electoral jurisdiction" means a geographic area within which
reside the voters who are qualified to vote for an elective office.
(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.
(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.
(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.).
(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)
(d) 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) 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.
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.