This act shall be known and may be cited as the California Voting Rights Act of 2001.
Election Day ProceduresRights of Voters
Section § 14025
This section specifies the official name of the act as the California Voting Rights Act of 2001, which can be used as its reference title.
California Voting Rights Act 2001 official name
Section § 14026
This law section defines terms used in the election context. It describes an 'at-large method of election' where voters across an entire area choose members of a governing body, possibly with candidates needing to live in specific areas.
'District-based elections' require candidates to live in certain districts, and only voters from those districts can elect them.
A 'political subdivision' is any government service area like cities, counties, or school districts.
A 'protected class' includes racial, color, or language groups as defined in the federal Voting Rights Act. 'Racially polarized voting' occurs when voting preferences differ noticeably between a protected class and others, as interpreted under federal voting rights laws.
As used in this chapter:
(a)CA Elections Code § 14026(a) “At-large method of election” means any of the following methods of electing members to the governing body of a political subdivision:
(1)CA Elections Code § 14026(a)(1) One in which the voters of the entire jurisdiction elect the members to the governing body.
(2)CA Elections Code § 14026(a)(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)CA Elections Code § 14026(a)(3) One that combines at-large elections with district-based elections.
(b)CA Elections Code § 14026(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)CA Elections Code § 14026(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, school district, community college district, or other district organized pursuant to state law.
(d)CA Elections Code § 14026(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 of 1965 (52 U.S.C. Sec. 10301 et seq.).
(e)CA Elections Code § 14026(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 of 1965 (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 of 1965 (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.
at-large election district-based elections political subdivision
Section § 14027
This law says that elections cannot use an 'at-large' method in a way that makes it harder for voters from protected classes (e.g., racial or ethnic minorities) to elect their preferred candidates or to affect election results. This is to prevent the dilution or weakening of their voting power.
An at-large method of election may not be imposed or applied 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 a result of the dilution or the abridgment of the rights of voters who are members of a protected class, as defined pursuant to Section 14026.
at-large elections protected class voter rights
Section § 14028
This law deals with how to prove racially polarized voting in elections, focusing on if voters in a political area favor candidates based on race. It's mainly concerned with elections before any legal action is started, as these are more useful in showing patterns of racial voting. The law looks at whether candidates preferred by racial minority groups actually get elected, and in multi-seat elections, it examines how much support these candidates get from their racial group relative to others.
It states that even if minority group members are spread out in different areas, it doesn't necessarily mean the voting isn't racially driven. Importantly, proving intent to discriminate isn't necessary; it's more about the outcomes and patterns. Other relevant factors can include history of discrimination and whether minorities face barriers in politics due to factors like education or employment history.
(a)CA Elections Code § 14028(a) A violation of Section 14027 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision. Elections conducted prior to the filing of an action pursuant to Section 14027 and this section are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action.
(b)CA Elections Code § 14028(b) The occurrence of racially polarized voting shall be determined from examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class. One circumstance that may be considered in determining a violation of Section 14027 and this section is the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body of a political subdivision that is the subject of an action based on Section 14027 and this section. In multiseat at-large election districts, where the number of candidates who are members of a protected class is fewer than the number of seats available, the relative groupwide support received by candidates from members of a protected class shall be the basis for the racial polarization analysis.
(c)CA Elections Code § 14028(c) The fact that members of a protected class are not geographically compact or concentrated may not preclude a finding of racially polarized voting, or a violation of Section 14027 and this section, but may be a factor in determining an appropriate remedy.
(d)CA Elections Code § 14028(d) Proof of an intent on the part of the voters or elected officials to discriminate against a protected class is not required.
(e)CA Elections Code § 14028(e) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors to establish a violation of Section 14027 and this section.
racially polarized voting protected class candidates multiseat at-large elections
Section § 14029
If a court finds that Sections 14027 and 14028 have been violated, it must take actions to fix the violation. This could include changing to district-based elections to address the problem.
Upon a finding of a violation of Section 14027 and Section 14028, the court shall implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation.
district-based elections election violations remedies
Section § 14030
If a person wins a lawsuit enforcing Section 14027 or 14028, they can have their attorney's fees and other legal costs covered, as long as they aren't the state or a political subdivision. These fees should align with a certain standard from a past case, Serrano v. Priest. However, if the defendant wins, they can't claim costs unless the court decides the lawsuit was frivolous or without merit.
In any action to enforce Section 14027 and Section 14028, the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.
attorney's fees prevailing plaintiff litigation expenses
Section § 14031
This section is about putting into action the promises made in two parts of the California Constitution. One focuses on protecting individuals' rights, and the other ensures fair voting practices.
This chapter is enacted to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution.
California Constitution Section 7 Article I Section 2 Article II
Section § 14032
If you're a voter who belongs to a protected class and live in an area where certain voting rights are violated, you can take legal action in the county's superior court.
Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14027 and 14028 is alleged may file an action pursuant to those sections in the superior court of the county in which the political subdivision is located.
protected class voter political subdivision voting rights violation
