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<ns0:Id>20250SB__116498AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1164</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Cervantes</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Cervantes</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 10010 and 14026 of, to add Sections 14030.5 and 14033 to, to repeal Sections 14027 and 14032 of, and to repeal and add Sections 14028, 14029, and 14030 of, the Elections Code, relating to elections. </ns0:Title>
<ns0:RelatingClause>elections</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Elections.</ns0:Subject>
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<ns0:DigestText>
<html:p>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.</html:p>
<html:p>This bill would repeal and replace the CVRA. The bill would prohibit a political subdivision or state agency from implementing, imposing, or enforcing any election policy or practice, as defined, that results in, is likely to result in, or is motivated by the intent
to result in, voter suppression. An election policy or practice would result in voter suppression if it (1) causes a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process for members of a protected class, which is defined as any race, color, or language-minority group; or (2) based on the totality of circumstances, causes an impairment of the equal opportunity or ability of members of a protected class to participate in the political process. An election policy or practice would not violate the prohibition on voter suppression if the political subdivision or state agency demonstrates, by clear and convincing evidence, that the election policy or practice is necessary to significantly further a compelling and particularized governmental interest and there is no reasonable alternative that comparably furthers the governmental interest and results in a smaller disparity between members of a protected class and other
members of the electorate.</html:p>
<html:p>The bill would also prohibit a political subdivision from employing any method of election, as defined, that has the effect, will likely have the effect, or is motivated by the intent, of diluting the vote of protected class members. Vote dilution would be established if there is an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice, as provided, and another method of election or a change to the existing method of election would likely mitigate the impairment.</html:p>
<html:p>The bill sets forth various factors that courts could, and could not, consider when evaluating whether voter suppression or vote dilution exists within a political subdivision. The Attorney General, or any individual or entity aggrieved by a violation of the prohibitions on voter suppression and vote dilution, would have standing to bring an action, and those actions
would be subject to expedited pretrial, trial, and appellate proceedings. If in an action for a violation of these provisions the plaintiff seeks preliminary relief with respect to an upcoming election, the court would be required to grant the preliminary relief if the plaintiff is more likely than not to succeed on the merits and it is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election.</html:p>
<html:p>The bill would require a potential plaintiff, before filing an action alleging voter suppression or vote dilution, to send a notice letter to the political subdivision identifying the potential violation and the remedy the party believes may address it. For allegations of voter suppression, the bill would permit the potential plaintiff to file an action if the political subdivision has not enacted a remedy within 45 days of receipt of the notice letter or if the political subdivision’s remedy would not redress the alleged
violation. For allegations that a political subdivision’s method of election results in vote dilution, the bill would permit the potential plaintiff to file an action if the political subdivision has not, within 45 days, passed a resolution outlining its intention to transition from at-large to district-based elections, passed a resolution outlining its intention to make changes to its district-based method of election, or sought approval from a court to implement a different, appropriate remedy.</html:p>
<html:p>Notwithstanding the 45-day notice requirement, the bill would authorize a potential plaintiff to file an action against a political subdivision at any time if the action is for a preliminary injunction with respect to an upcoming election, another party has already submitted a notice letter alleging a substantially similar violation and over 45 days have passed, or the prospect of obtaining relief would otherwise be futile. If the political subdivision provides some or all
of the relief sought in a potential plaintiff’s notice letter, the bill would authorize the potential plaintiff to recover their costs, which would be capped at $25,000 for attorneys’ fees and $50,000 for all other costs, subject to an annual inflation adjustment.</html:p>
<html:p>The bill would prohibit any political subdivision from enacting or administering any covered practice without obtaining preapproval from the Attorney General, if the political subdivision, within the previous 10 years, has entered into a settlement agreement admitting liability for a violation of, or been found by a court to have violated, this bill, the federal Voting Rights Act of 1965, the federal Civil Rights Act of 1964 concerning the right to vote of protected class members, the First, Fourteenth, or Fifteenth Amendments to the United States Constitution concerning the right to vote for protected class members, or any other state or federal law concerning the right to vote for protected class
members. Under the bill, covered practices would include new or modified methods of election, annexations and deannexations, or reductions in language assistance. The bill would authorize the Attorney General to grant preapproval to a political subdivision only if the covered practice will not diminish the equal opportunity or ability of members of the protected class to participate in the political process and the covered practice is unlikely to violate the provisions of the bill.</html:p>
<html:p>The bill would require any law, regulation, charter, ordinance, or other enactment of the state or any political subdivision relating to voting to be construed liberally in favor of (1) making voting, the fundamental right to vote, and ability to participate in the democratic process more accessible; (2) safeguarding and vindicating the voting rights of all voters; and (3) ensuring members of a protected class have full access to relief from discrimination in voting.</html:p>
<html:p>By increasing the duties of local elections officials, the bill would create a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_36181EAC-ED50-4F95-8390-19A192101836">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 10010 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>10010.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A political subdivision that changes from an at-large method of election to a district-based election, establishes district-based elections, or makes changes to its district-based method of election in response to a notice letter pursuant to subdivision (b) of Section 14028, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing or modifying district-based elections:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision shall conduct outreach to the public, including to non-English-speaking communities, to explain the districting or redistricting process and to encourage public participation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After all draft maps are drawn, the political subdivision shall publish and make
available for release at least one draft map and, if 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 potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a public hearing held pursuant to this section is consolidated with a regular or special meeting of the governing body of the political subdivision that includes other
substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the governing body of the political subdivision may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. The governing body shall provide notice of the public hearing to the public.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section applies to, but is not limited to, a proposal that is required due to a court-imposed
change from an at-large method of election to a district-based election.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section,
“at-large method of election,” “district-based-election,” and “political subdivision” have the same meanings as set forth in Section 14026.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subparagraph (5), before filing an action against a political subdivision under subdivision (b) of Section 14028, a party described in subdivision (a) of Section 14030, except for the Attorney General, shall send a notice letter to the political subdivision asserting that the political subdivision’s method of conducting elections may violate subdivision (b) of Section 14028 and the type of remedy the party believes may address the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A party shall not commence an action to enforce
subdivision (b) of Section 14028 within 45 days of the political subdivision’s receipt of the written notice described in paragraph (1). The party may file an action in court if the political subdivision has not taken any of the actions described in subparagraph (A) of paragraph (4) within 45 days of the political subdivision’s receipt of the written notice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A political subdivision that receives a notice letter pursuant to this subdivision shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Transmit a copy of the notice letter to the Statewide Database, which shall post the letter in a centralized location on its public website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Include a copy of the notice letter in the next agenda or public notice of a meeting of the governing body of the political subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A political subdivision may take the following actions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Before receiving a written notice described in paragraph (1), or
within 45 days of receipt of a notice, pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated timeframe for doing so.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within 45 days of receipt of a notice described in paragraph (1), pass a resolution outlining its intention to make changes to its district-based method of election, specific steps it will undertake to facilitate the redistricting, and an estimated timeframe for doing so.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the party seeks a remedy not described in clause (i) or (ii), or if, under the laws of this State, the governing body of a political subdivision lacks authority to
enact or implement a remedy identified in the notice letter, within 45 days of receipt of a notice described in paragraph (1), seek approval from a court of suitable jurisdiction to enact and implement the proposed remedy. In determining whether the remedy is appropriate, the court shall comply with subdivision (f) of Section 14030.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a political subdivision passes a resolution pursuant to subparagraph (A), a party shall not commence an action to enforce subdivision (b) of Section 14028 within 90
days of the resolution’s passage. The party may file an action if the political subdivision has not enacted or implemented a remedy within 90 days or if the political subdivision has enacted or implemented a remedy that would not redress the violation identified in the party’s notice letter.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A political subdivision and the party who first sends a notice pursuant to paragraph (1) may enter into a written agreement to extend the time period described in subparagraph (B) for up to an additional 90 days in order to provide additional time to conduct public outreach, encourage public participation, and
receive public input. The written agreement shall include a requirement that the district boundaries be established no later than six months before the political subdivision’s next regular election to select governing board members. However, in a political subdivision that holds a primary election as part of its process for selecting governing board members, the written agreement shall include a requirement that district boundaries be established no later than six months before the political subdivision’s next regular primary election.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
No later than 10 days after a political subdivision enters into a written agreement pursuant to clause (i), the political subdivision shall prepare and make available on its internet website a tentative schedule of the public outreach events and the public hearings held pursuant to this section. If a political subdivision does not maintain an internet website, the political subdivision shall make the
tentative schedule available to the public upon request.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding this subdivision, a party with standing pursuant to subdivision (a) of Section 14030 may file an action against a political subdivision under subdivision (b) of Section 14028 if any of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The party is seeking a preliminary injunction to secure relief with respect to an upcoming election.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Another party has already submitted a notice letter alleging a substantially similar violation and that party is eligible to file an action under this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The
prospect of obtaining relief under this subdivision would be futile.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a political subdivision adopts an ordinance redistricting or
establishing district-based elections pursuant to subdivision (a), a party who sent a written notice pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance’s adoption, demand reimbursement for the cost of the work product generated to support the notice. A party shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the
provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45-day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The amount of reimbursement required by this section is capped at twenty-five thousand dollars ($25,000) for attorneys’ fees and at fifty thousand dollars ($50,000) for all other costs, including consultant fees. These amounts shall be adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 14026 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>14026.</ns0:Num>
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<ns0:Content>
<html:p>As used in this chapter:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One in which the voters of the entire jurisdiction elect the members to the governing body.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
One that combines at-large elections with district-based elections.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Election policy or practice” means any qualification to be a voter, prerequisite to voting, method of election, or any other law, statute, ordinance, resolution, charter or code provision, regulation, rule, policy, practice, procedure, standard, or any other action with respect to voting, electoral or jurisdictional boundaries, or the administration or schedule of elections.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Governing body” means the entity with official authority to make or enforce decisions, policies, and laws for a political subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Method of election” means the manner or mechanism by which candidates are elected to a governmental body of a political subdivision, and includes any at-large, district-based, mixed election systems consisting of both district-based and at-large components, proportional, semi-proportional, or other method of election, as well as any districting or redistricting plan used to elect candidates to the governmental body.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“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, school district, community college district, or other district or governmental entity organized pursuant to state
law in which elections are conducted or that administers elections, or any of its staff or agents.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Protected class” means
any group of individuals who are members of any race, color, or language-minority group, including, but not limited to, two or more such groups, and includes individuals who are members of a minimum reporting category that has been officially recognized by the United States Census Bureau.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Racially polarized voting” means voting in which there is a
divergence in the candidate preferences, political preferences, or electoral choices of members in a protected class, including the combined preferences of a protected class comprised of two or more groups of voters, from the candidate preferences, political preferences, or electoral choices of members of another protected class or set of protected classes.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Vote” or “voting” means all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration or other action required by law prerequisite to voting, casting a ballot by any method permitted by law, including any method available as a remedy under this chapter, and having the ballot counted properly and included in the appropriate totals of votes received for propositions or by candidates for
public or party office.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Voting location” means any location designated by elections officials for the casting of ballots, including, but not limited to, polling places, vote centers, mobile voting units, elections offices, satellite locations of elections offices, ballot drop box locations, and any election day or early voting site.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 14027 of the
<ns0:DocName>Elections Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 14028 of the
<ns0:DocName>Elections Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 14028 is added to the
<ns0:DocName>Elections Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F358E3F5-4574-4D69-84E0-B9B7865FF206">
<ns0:Num>14028.</ns0:Num>
<ns0:LawSectionVersion id="id_7850ACDC-F737-4924-AA8B-6DC7B4790EAB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Prohibiting voter suppression. A political subdivision or state agency shall not engage in voter suppression as set forth in this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A political subdivision or state agency shall not implement, impose, or enforce any election policy or practice that results in, is likely to result in, or is motivated in whole or in part by the intent to result in, voter suppression.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A violation of paragraph (2) is established if either of the following is present:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A material disparity affecting protected class members in voter participation, access to voting opportunities, or the
opportunity or ability to participate in any stage of the political process, as a result of the policy or practice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Based on the totality of circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
There is no violation under subparagraph (A) of paragraph (3) if the political subdivision or state agency demonstrates both of the following by clear and convincing evidence:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The election policy or practice is necessary to significantly further a compelling and particularized governmental interest.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is no reasonable alternative election policy or practice that comparably furthers the compelling and particularized governmental interest and results in
a smaller disparity between protected class members and other members of the electorate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A violation of paragraph (2) may also be established if an eligible voter faces an undue burden to their opportunity or ability to participate in any stage of the political process as a result of their incarceration or a prior criminal conviction.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A violation of paragraph (2) may also be established through direct or circumstantial evidence of intentional discrimination, but evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is not required to establish a violation of paragraph (2).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Prohibiting vote dilution. A political subdivision shall not engage in vote
dilution as set forth in this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A political subdivision shall not employ any method of election that has the effect, will likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class members pursuant to this subdivision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A violation of paragraph (2) is established if both of the following are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Either of the following conditions exist:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Based on the totality of circumstances, the equal opportunity or
ability of protected class members to nominate or elect candidates of their choice is impaired.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Another method of election or a change to the existing method of election exists that could be constitutionally adopted or ordered pursuant to Section 14030 would likely mitigate the impairment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A violation of paragraph (2) may also be established through direct or circumstantial evidence of intentional discrimination, but evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is not required to establish a violation of paragraph (2).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Guidelines and rules for evaluating voter suppression and vote dilution. This chapter is subject to the guidelines and rules enumerated in this
subdivision.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To evaluate the totality of circumstances under subparagraph (B) of paragraph (3) of subdivision (a) or clause (ii) of subparagraph (A) of paragraph (3) of subdivision (b):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The following factors may be relevant:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The history of discrimination with respect to the relevant protected class.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The extent to which members of the relevant protected class are disadvantaged or otherwise bear the effects of public or private discrimination in areas such as education, employment, health, criminal justice, housing, transportation, land use, or environmental protection.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The use of any election policy or practice that may enhance the discriminatory or diluting effects
of the election policy or practice or method of election at issue in the political subdivision.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The extent to which members of the relevant protected class vote or register or reregister to vote at lower rates.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The extent to which members of the relevant protected class have historically made campaign contributions at lower rates.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The extent to which candidates who are members of the relevant protected class members have faced hostility or barriers with respect to campaigning, qualifying for the ballot, receiving financial support, or receiving any other support for an election.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The use of overt or subtle racial appeals, whether in the course of political campaigns or by government officials, including racial appeals made in public
discourse or in connection with the adoption or maintenance of the election policy or practice.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The extent to which the members of the relevant protected class have been elected to office.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The lack of responsiveness by elected officials to the particular needs of members of the relevant protected class or a community of members of the relevant protected class.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Whether the election policy or practice is necessary to significantly further a compelling and particularized governmental interest.
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Any other factor deemed relevant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is no set number or combination of the factors described in subparagraph (A) that is required to be met to determine that a violation
occurred.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is no requirement that evidence is required to affect all subgroups within a protected class to be relevant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For alleged violations pertaining to a particular political subdivision, evidence of the factors described in subparagraph (A) may be deemed more probative if it relates to the political subdivision in which the alleged violation occurred, but evidence related to the state or the geographic region in which that political subdivision is located may also be probative. The fact that similar or worse circumstances may exist in other political subdivisions does not reduce the probative value of the evidence relevant to the particular political subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To determine whether elections in the political subdivision exhibit racially polarized voting under clause (i) of subparagraph (A) of
paragraph (3) of subdivision (b):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Racially polarized voting is assessed based on the relevant election results, which may include, but are not limited to, elections for offices of the political subdivision; elections held in the political subdivision for other offices, such as state or federal offices; and other electoral choices that bear on the rights and privileges of the protected class.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
There is no set number or combination of elections that is required to establish the existence of racially polarized voting.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Proof of nonpolarized voting in elections for offices outside the political subdivision does not preclude a finding of racially polarized voting based on elections for offices of the political subdivision.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Nonstatistical or nonquantitative evidence does not preclude a finding of racially polarized voting based on statistical or quantitative evidence.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Low or high turnout or registration rates among protected class members does not preclude a finding of racially polarized voting.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Elections conducted before the filing of an action alleging vote dilution pursuant to subdivision (b) are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When assessing the combined candidate preferences, political preferences, or electoral choices of a protected class composed of two or more groups of voters, there is no requirement that each group or subgroup be separately polarized from those of other voters.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The causes of racially polarized voting are not relevant, and the existence of alternative explanations, including partisan explanations, does not preclude a finding of racially polarized voting.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
In elections in which voters choose more than one candidate for election to a political body at a time, a finding that some candidates are preferred among both majority and minority voters does not defeat a finding of racially polarized voting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When evaluating whether a violation of this section is present, all of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The following circumstances are not relevant:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The absolute number or share of protected class members on whom the election policy or practice
imposes a material burden is small.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The use of an identical or similar election policy or practice in other states or political subdivisions.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The availability of forms of voting unimpacted by the election policy or practice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A state interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is not relevant unless there is substantial evidence that criminal activity by individual electors has occurred in the political subdivision in substantial numbers and the connection between the election policy or practice and a state interest in preventing that type of criminal activity or
bolstering voter confidence in the integrity of elections is supported by substantial evidence.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether protected class members typically elect candidates of their choice to the governing body in approximate proportion to their total number or share of the population may be relevant under paragraph (b).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For the purpose of establishing a violation of paragraph (b), including in particular satisfying subparagraph (B) of paragraph (3) of subdivision (b), it is not necessary for the total number or share of protected class members to exceed any numerical threshold in any district or in the political subdivision as a whole.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D594A074-1765-477D-A541-8062792DF9E6">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14029.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14029 of the
<ns0:DocName>Elections Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_5273967B-F82A-4774-AD22-541CE65502F1">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14029.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14029 is added to the
<ns0:DocName>Elections Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BF1EB89D-7039-4933-B09F-027E0DF16213">
<ns0:Num>14029.</ns0:Num>
<ns0:LawSectionVersion id="id_CA9D4FF9-C36E-46A4-B973-FC7FAF608BF0">
<ns0:Content>
<html:p>Construction and Exercise of Discretion. Any provision of state law, regulation, charter, home rule ordinance, or other enactment of the state or any political subdivision relating to voting or the right to vote shall be construed liberally in favor of the factors described in this section. To the extent courts are afforded discretion on any issue, including, but not limited to, questions concerning discovery, procedure, admissibility of evidence, or remedies, it is the policy of the state that courts shall exercise that discretion, and weigh other equitable discretion, in favor of the following factors:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Making voting, the fundamental right to vote, and ability to participate in the democratic process more accessible to eligible voters.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Safeguarding and vindicating, to the fullest extent possible, the voting rights of all voters, including, but not limited to, equitable access to opportunities to register to vote and vote, and the equal opportunity to elect candidates of choice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Ensuring protected class members have full access to relief from discrimination in voting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D8536F33-5CF7-4BEE-88DB-C00ACB782FA3">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14030.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14030 of the
<ns0:DocName>Elections Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_04F1E3F1-94CF-45B0-BD12-58919298B5B7">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14030.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14030 is added to the
<ns0:DocName>Elections Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_64851E69-C5ED-4AA0-87B9-394EA1D72358">
<ns0:Num>14030.</ns0:Num>
<ns0:LawSectionVersion id="id_C22E12F6-66BF-4F24-93E5-A526B7515AF9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Standing. An action to cure a violation of this chapter may be brought by any individual or entity aggrieved by a violation of this chapter or by the Attorney General.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An entity aggrieved by a violation of this chapter includes, but is not limited to, any entity that satisfies either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The entity’s membership includes individuals aggrieved by a violation of this chapter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entity’s mission would be frustrated by a violation of this chapter, including, but not limited to, an entity that would expend or divert resources to fulfill its mission as a result of
the violation or that would expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision shall be construed liberally to confer standing as broadly as the California Constitution permits.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Pre-Suit Notice Requirements. Except as provided in paragraph (5), before filing an action against a political subdivision pursuant to subdivision (a) of Section 14028, a party described in subdivision (a), except for the Attorney General, shall send a notice letter to the political subdivision identifying the potential violation or violations and the type of
remedy the party believes may address the potential violation or violations. The party shall not file an action within 45 days after sending the notice letter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A political subdivision that receives a notice letter pursuant to this subdivision shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Transmit a copy of the notice letter to the Statewide Database, which shall post the letter in a centralized location on its public website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Include a copy of the notice letter in the next agenda or public notice of a meeting of the governing body.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If, under the laws of this State, the governing body of a political subdivision lacks authority to enact or implement a remedy identified in the notice letter, the political subdivision may nonetheless enact and implement a
proposed remedy upon approval of a court of suitable jurisdiction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Following the party’s submission of a notice letter, the party may file an action if the political subdivision has not enacted or implemented a remedy within 45 days or if the political subdivision has enacted or implemented a remedy that would not redress the alleged violation identified in the party’s notice letter.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding this subdivision, a party with standing pursuant to subdivision (a) may file an action against a political subdivision pursuant to subdivision (a) of Section 14028 if any of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The party is seeking a preliminary injunction to secure relief with respect to an upcoming election.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Another party has already submitted
a notice letter alleging a substantially similar violation and that party is eligible to file an action under this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The prospect of obtaining relief under paragraph (2) would be futile.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Venue. An action to enforce this chapter may be brought in a superior court of suitable jurisdiction, the Superior Court of the County of Sacramento, or pursuant to paragraph (1) of Section 401 of the Code of Civil Procedure.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Expedited Review. Actions brought pursuant to this chapter shall be subject to expedited pretrial, trial, and appellate proceedings and receive an automatic calendar preference.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Preliminary Relief. In any action alleging a violation of this chapter in which a plaintiff seeks preliminary relief with respect to an upcoming
election, a court shall grant relief if it finds both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The plaintiff is more likely than not to succeed on the merits.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Remedies. Upon finding a violation of this chapter, notwithstanding any other law, a court shall order appropriate relief that completely remedies the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court has authority to order remedies that are tailored to best mitigate the violation, including any and all forms of preliminary and injunctive relief. The court may consider, among others, changes to the method of election, changes to any election policy or practice, increases in the size of the
governing body of a political subdivision, and any remedy that is available to a federal court or the court of another state jurisdiction, including through a court-approved consent decree or settlement adopted in the context of similar facts or to remedy a similar violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In assessing potential remedies to the violation, the court shall consider historic differences in voter registration and turnout rates, including the relative disparities among groups.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To the extent a court evaluates a proposed proportional representation remedy to a violation, in addition to any other considerations, the court shall consider whether the proposed remedy would impair the ability of any other groups to participate in the political process and elect candidates of their choice.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court shall consider proposed remedies
by any parties and interested nonparties.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The court shall not give deference or priority to a proposed remedy proposed by the political subdivision.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A remedy ordered under this section shall be implemented in the next relevant election, scheduled or ordered, wherever possible. The court may order modifications to the election calendar to the extent necessary.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Cause of Action Only Under State Law. This chapter provides rights and remedies under state law to enforce state constitutional rights or statutory rights and does not enforce any rights established under the United States Constitution or federal law. This chapter does not create a cause of action under federal law. Persuasive use of relevant federal legal standards, precedents, or evidentiary frameworks to aid in the interpretation or application of
this chapter shall not be construed to give rise to a federal question. Use of federal legal standards, precedent, or evidentiary frameworks may be persuasive but is not necessary to the interpretation or application of this chapter.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Laches. A defendant in an action brought pursuant to this chapter shall not assert the doctrine of laches as a defense to claims brought under this chapter. A political subdivision shall not assert that the plaintiff has failed to comply with any notice, exhaustion, or other procedural requirements under state law, other than the requirements in this section or Section 10010, as a defense to claims brought under this chapter.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Attorneys’ Fees. In any action to enforce any provision of this chapter, a prevailing plaintiff, other than the state or a political subdivision, is entitled to recover all reasonable costs and
fees from the defendant. Costs and fees include, but are not limited to, attorneys’ fees, expert witness fees, and all other litigation or prelitigation fees and costs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, a plaintiff prevails in an action when, as a result of a suit or notice letter pursuant to subdivision (b), the defendant party provides some or all of the relief sought.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When a plaintiff prevails solely as a result of a notice letter issued under subdivision (b), the plaintiff’s recovery of attorneys’ fees shall be limited to twenty-five thousand dollars ($25,000), and recovery of all other costs, including consultant and expert fees, shall be limited to fifty thousand dollars ($50,000). The limits in this paragraph shall be adjusted annually in accordance with changes in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor
Statistics.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the state or a political subdivision prevails in an action under this chapter, the court shall not award the defendant any fees or costs unless the court finds the action to be frivolous, unreasonable, or without foundation.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Severability. The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, that invalidity shall be applied as narrowly as possible and the remaining provisions and applications shall remain in effect to the fullest extent possible.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Construction. To the extent any provision of this chapter, including any legal standard, requirement, or any part thereof, may be construed or applied in a manner that is unconstitutional or otherwise invalid, the provision shall be construed or applied in
the manner that preserves its validity and is most consistent with the purposes set forth in Section 14029.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Abrogation of Privilege. In any action under this chapter or any other voting-related violation of state or federal law, a political subdivision shall not assert any sovereign, governmental, executive, legislative, or deliberative privilege or immunity, including any evidentiary privilege. This subdivision does not apply to the attorney-client privilege or any protection for attorney work-product.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1425012A-2860-4C71-BC74-2EE8A2105C68">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 14030.5 is added to the
<ns0:DocName>Elections Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E7E8F716-1BC4-423B-A615-FC8571FB1FA9">
<ns0:Num>14030.5.</ns0:Num>
<ns0:LawSectionVersion id="id_ABDE0F59-EE61-4919-A421-35ABA3C97256">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Preapproval of Voting Changes in Select Political Subdivisions. Any political subdivision that has entered into a court-approved settlement agreement admitting liability for, or been subject in any court to a judicial finding of, a violation of this chapter, the federal Voting Rights Act of 1965, the federal Civil Rights Act of 1964 concerning the right to vote of protected class members, the First, Fourteenth, or Fifteenth Amendments to the United States Constitution concerning the right to vote for protected class members, or any other state or federal law or constitutional provision concerning the right to vote for protected class members within the previous 10 years shall obtain preapproval from the Attorney General before enacting or administering any covered practice described in this
section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A covered practice includes any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A new or modified method of election, including changes to districting plans, or maintenance of a method of election following a decennial census.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An annexation or deannexation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A reduction in language assistance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A request for preapproval for a covered practice submitted by a political subdivision shall be granted only if both of the following are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The covered practice will not diminish, in relation to the status quo before the enactment or implementation of the covered practice, the equal opportunity or ability of members of the
protected class or classes who provided a basis for coverage under subdivision (a) to participate in the political process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The covered practice is unlikely to violate any of the provisions of this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Attorney General shall establish a process and timeline for political subdivisions that are subject to this section to submit requests for preapproval for covered practices. The process shall include, at a minimum, procedures for public comment and transparency regarding preapproval requests and procedures for emergency or expedited review of covered practices. The political subdivision bears the burden of demonstrating the covered practice complies with standards for preapproval as described in this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Attorney General shall annually review which political subdivisions are subject to the
preapproval requirements of this section pursuant to a qualifying violation and publish a list on its official website.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The Attorney General shall maintain and publish on its official website all requests for preapproval submitted by political subdivisions subject to this section, including a description of the covered practice and all relevant materials, the timeline for public comments for each request for preapproval, all public comments that have been submitted regarding each request for preapproval, and any dispositions by the Attorney General as to the request for preapproval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any denial of preapproval by the Attorney General under this section may be appealed only by the political subdivision within 30 days of the denial in accordance with state law governing challenges to agency action, including the applicable standard of review for those actions. Such actions may
only be filed by the covered political subdivision and intervention is not permitted.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any party described in subdivision (a) of Section 14030 that is aggrieved by a determination by the Attorney General to grant preapproval to a covered practice under this section may file an action to challenge the determination to grant preapproval. An action to challenge the Attorney General’s determination to grant preapproval shall be subject to a de novo standard of review.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A determination by the Attorney General to grant preapproval is not admissible in, and shall not be considered by, a court in any subsequent action challenging the covered policy. The preapproval does not preclude, bar, or limit in any way any other claims that may be brought regarding the covered policy.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7CA33231-AEAB-4D21-BDD4-8182906ECD0D">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14032.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14032 of the
<ns0:DocName>Elections Code</ns0:DocName>
is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_57F368B9-80E6-452F-A87E-6260856EB8BC">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14033'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 14033 is added to the
<ns0:DocName>Elections Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C73A4F30-0515-4EE4-A668-33805484F4CF">
<ns0:Num>14033.</ns0:Num>
<ns0:LawSectionVersion id="id_6157B145-1C1A-41BD-8D19-3610E48F57CB">
<ns0:Content>
<html:p>The Legislature finds and declares that this chapter addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AF012C86-D10C-45F3-AABC-6404F9A66DE4">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>