Josh Becker

The California Voting Rights Act of 2001 (CVRA) prohibits a political subdivision from imposing or applying an at-large method of election for members of the political subdivision's governing body in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as specified. Existing law requires courts to implement appropriate remedies, including the imposition of district-based elections, for violations of the CVRA. Existing law defines "at-large method of election" for these purposes to include a method of election that combines at-large elections with district-based elections.

This bill would create an exception for cities with a population of 50,000 people or less, whereby a method of electing members to the governing body of the city in which no more than 20% of the members are elected at large and the remaining members are elected by district would constitute a district-based election for purposes of the CVRA, unless that method of election would prevent the city from drawing district boundaries in a manner that allows a protected class to elect candidates of its choice.

Existing law requires a prospective plaintiff, before commencing an action to enforce the CVRA, to first mail a written notice to the clerk of the political subdivision. Existing law prohibits the prospective plaintiff from commencing an action to enforce the CVRA within 45 days of the political subdivision's receipt of the notice and authorizes the political subdivision, within those 45 days, to pass a resolution outlining its intention to transition from at-large elections to district-based elections.

This bill would extend that period to within 90 days of the political subdivision's receipt of the notice.

Existing law requires a local jurisdiction that is governed by a legislative body elected using district-based elections to adopt boundaries for the election districts no later than 204 days before the local jurisdiction's next regular election occurring after January 1 in each year ending in the number 2. Existing law requires the local jurisdiction to hold workshops and public hearings before adopting new election district boundaries, as specified.

This bill would require the local jurisdiction to make the population and demographic data that will be used to adopt its election district boundaries publicly available on its internet website no later than 9 months before the local jurisdiction's first regular election occurring after January 1 in each year ending in the number 2. To the extent the bill would create additional duties for local officials, the 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 the statutory provisions noted above.