SECTIONS 14025-14032 - California Statutes

ELECTIONS CODE

SECTION 14025-14032

14025. This act shall be known and may be cited as the California
Voting Rights Act of 2001.

14026. As used in this chapter:
(a) "At-large method of election" means any of the following
methods of electing members to the governing body of a political
subdivision:
(1) One in which the voters of the entire jurisdiction elect the
members to the governing body.
(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) One which combines at-large elections with district-based
elections.
(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) "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.
(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 (42 U.S.C. Sec. 1973 et
seq.).
(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 (42 U.S.C. Sec. 1973 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 (42 U.S.C. Sec. 1973 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.

14027. 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.

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) 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) 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) Proof of an intent on the part of the voters or elected
officials to discriminate against a protected class is not required.
(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.

14029. 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.

14030. 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.

14031. 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.

14032. 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.