AB 2231: California Voting Rights Act of 2001.

(1)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 provides that a violation of the act is established upon a showing of racially polarized voting, as defined.

This bill would provide that a violation of the CVRA is established if the totality of the circumstances show that members of a protected class are not equally able to reasonably participate in the local political processes of the political subdivision because racially polarized voting occurs, as specified. The bill would require the party asserting the violation to demonstrate that three prescribed factors are met.

(2)The CVRA requires a court that finds a violation of the CVRA to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy the violation.

This bill would provide that the political subdivision in which the violation occurs may also implement appropriate remedies, as specified.

(3)The CVRA provides that a prevailing plaintiff party, other than the state or a political subdivision thereof, in a CVRA lawsuit may recover reasonable attorneys fees and litigation expenses, as specified. The CVRA prohibits prevailing defendant parties from recovering costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.

This bill would instead allow any prevailing party party, other than the state, to recover a reasonable attorneys fee and costs in a CVRA action.