AB 2123: District-based elections.

The California Voting Rights Act of 2001 (CVRA) prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA permits a voter who is a member of a protected class to bring an action in superior court to enforce the provisions of the CVRA. Before commencing an action, existing law requires a prospective plaintiff to send a written notice to the political subdivision asserting that the political subdivisions method of conducting elections may violate the CVRA. If the political subdivision passes a resolution outlining its intention to transition to district-based elections within a specified time, existing law prohibits the prospective plaintiff from commencing an action within 90 days of the resolutions passage.

This bill would permit a political subdivision and a prospective plaintiff to enter into a written agreement to extend the time period during which a prospective plaintiff is prohibited from commencing an action 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 bill would require the written agreement to include a requirement that the district boundaries be established no later than 6 months before the political subdivisions next regular election to select governing board members, except as specified. The bill would also require a political subdivision that enters into a written agreement, no later than 10 days after entering into the agreement, to prepare and make available on its Internet Web site a tentative schedule of the public outreach events and the public hearings to be held.