Elections., the official text

An act to amend Sections 10010, 14025, 14026, and 21130 of, to add Sections 14033 and 14034 to, to add Article 1.5 (commencing with Section 19219.5) to Chapter 3 of Division 19 of, to repeal Section 14032 of, and to repeal and add Sections 14027, 14028, 14029, and 14030 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

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.
This bill, the California Voting Rights Act of 2026, 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, or is likely 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.
The bill would also prohibit a political subdivision from employing any method of election, as defined, that has the effect, or will likely have the effect, 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.
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.
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 how the party’s proposed remedy would 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 make changes to its method of election or sought approval from a court to implement a different, appropriate remedy.
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 associated costs and $50,000 for external expenses subject to an annual inflation adjustment.
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 or elect candidates of choice and the covered practice is unlikely to violate the provisions of the bill.
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 the right to vote.
Existing law generally prohibits using a voting system unless it has been certified or conditionally approved by the Secretary of State before any election at which it is to be used.
This bill would require the Secretary of State to examine, test, and certify or conditionally approve a voting system for use in an election conducted using a method of election adopted to remedy a violation of the California Voting Rights Act of 2026, as provided.
Existing law requires the adoption of new election district boundaries for a legislative body that is elected using district-based elections following each federal decennial census.
This bill would require a districting body responsible for the adoption of new election district boundaries to comply with the requirements of this bill when adopting new boundaries following the decennial census.
By increasing the duties of local elections officials, the bill would create a state-mandated local program.
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.
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.

The people of the State of California do enact as follows:

SECTION 1.
Section 10010 of the Elections Code is amended to read:
10010.
(a) A political subdivision that makes changes to its method of election in response to a notice letter pursuant to subdivision (b) of Section 14027, 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 a method of election:
(1) 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 method of election to be adopted. Prior to and at such hearings, the political subdivision shall provide a specific description of how elector votes shall translate into candidate selection under any method or methods of election being considered, including, if a district-based method of election is being considered, 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 election methods being considered, to explain the implementation process, and to encourage public participation.
(2) After receiving public input, the political subdivision shall publish and make available for release a draft Change to Method of Election Plan that includes, but is not limited to, all of the following:
(A) A detailed analysis of the political subdivision’s voter registration and turnout statistics among voting age citizens in categories measured by the United States Census Bureau’s American Community Survey.
(B) An explanation of the method of election the political subdivision plans to adopt, how it will impact any voter registration and turnout disparities identified by the prior analysis, and how it accounts for any such disparities in determining whether the proposed change will remedy the alleged violation of the California Voting Rights Act of 2026 (Chapter 1.5 (commencing with Section 14025) of Division 14).
(C) For district-based methods of election, at least one draft map.
(D) A comprehensive voter outreach and education plan for a minimum of two election cycles.
(E) A timeline and plan for implementation of the new method of election.
(F) 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.
(3) 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 Change to Method of Election Plan and the proposed sequence of elections, if applicable. The Change to Method of Election Plan, including a first version of a draft map, if applicable, shall be published at least seven days before consideration at a hearing. If the Change to Method of Election Plan, including any applicable draft district 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.
(4) 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.
(b) 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 2026 (Chapter 1.5 (commencing with Section 14025) of Division 14), and it shall take into account the preferences expressed by impacted community members.
(c) A court may, at its discretion, apply the requirements of this section to a court-imposed change to a political subdivision’s method of election. This section does not prevent a court from ordering the implementation of a change to a method of election regardless of whether a political subdivision has complied with the requirements in this section.
(d) For purposes of this section, “method of election” and “political subdivision” have the same meanings as set forth in Section 14026.
(e) (1) Except as provided in subparagraph (5), before filing an action against a political subdivision under subdivision (b) of Section 14027, a party described in subdivision (a) of Section 14029, except for the Attorney General, shall send a notice letter to the political subdivision asserting how the political subdivision’s method of conducting elections may violate subdivision (b) of Section 14027 and how the type of remedy the party proposes would address the violation.
(2) A party shall not commence an action to enforce subdivision (b) of Section 14027 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.
(3) A political subdivision that receives a notice letter pursuant to this subdivision shall do both of the following:
(A) Transmit a copy of the notice letter to the Statewide Database, which shall post the letter in a centralized location on its public website.
(B) 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.
(4) (A) A political subdivision may take the following actions:
(i) 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 make changes to its method of election, specific steps it will undertake to facilitate the changes, and an estimated timeframe for doing so.
(ii) If the political subdivision intends to make any change to the method of election that is not authorized under the laws of this State, the governing body of the political subdivision shall seek approval from a court of suitable jurisdiction to enact and implement the proposed remedy. An admission of liability is not required for court approval. In determining whether the remedy is appropriate, the court shall comply with subdivision (e) of Section 14029.
(B) If a political subdivision passes a resolution pursuant to subparagraph (A), a party shall not commence an action to enforce subdivision (b) of Section 14027 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.
(C) (i) 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 final Change to Method of Election Plan 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 the final Change to Method of Election Plan be established no later than six months before the political subdivision’s next regular primary election.
(ii) 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.
(5) Notwithstanding this subdivision, a party with standing pursuant to subdivision (a) of Section 14029 may file an action against a political subdivision under subdivision (b) of Section 14027 if any of the following conditions are met:
(A) The party is seeking a preliminary injunction to secure relief with respect to an upcoming election.
(B) 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.
(C) The prospect of obtaining relief under this subdivision would be futile.
(f) (1) If a political subdivision adopts an ordinance making changes to its method of election 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).
(2) 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).
(3) The amount of reimbursement required by this section is capped at twenty-five thousand dollars ($25,000) for attorneys’ fees and associated costs and at fifty thousand dollars ($50,000) for any external expenses, such as expert or other consultant fees necessary to meet the requirements in paragraph (1) of subdivision (e). 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.

SEC. 2.
Section 14025 of the Elections Code is amended to read:
14025.
This act shall be known and may be cited as the California Voting Rights Act of 2026.

SEC. 3.
Section 14026 of the Elections Code is amended to read:
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 that 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) “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.
(d) “Governing body” means the entity with official authority to make or enforce decisions, policies, and laws for a political subdivision.
(e) “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, share-based, or other method of election, as well as any districting or redistricting plan used to elect candidates to the governmental body. A share-based method of election is one in which more than one candidate is to be elected and different groups of voters may each elect their preferred candidates to the seats to fill based on their relative share of the votes cast.
(f) “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.
(g) “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.
(h) “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.
(i) “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.
(j) “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.

SEC. 4.
Section 14027 of the Elections Code is repealed.

SEC. 5.
Section 14027 is added to the Elections Code, to read:
14027.
(a) (1) A political subdivision or state agency shall not engage in voter suppression as set forth in this subdivision.
(2) A political subdivision or state agency shall not implement, impose, or enforce any election policy or practice that results in, or is likely to result in, voter suppression.
(3) A violation of paragraph (2) is established if either of the following is present:
(A) 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.
(B) 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.
(4) 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:
(A) The election policy or practice is necessary to significantly further a compelling and particularized governmental interest.
(B) 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.
(5) A violation of paragraph (2) may also be established if an eligible voter faces an undue burden on their opportunity or ability to participate in any stage of the political process as a result of their incarceration or a prior criminal conviction.
(b) (1) A political subdivision shall not engage in vote dilution as set forth in this subdivision.
(2) A political subdivision shall not employ any method of election that has the effect, or will likely have the effect, of diluting the vote of protected class members pursuant to this subdivision.
(3) A violation of paragraph (2) is established if both of the following are satisfied:
(A) Either of the following conditions exist:
(i) 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.
(ii) 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.
(B) Another method of election or a change to the existing method of election that could be constitutionally adopted or ordered pursuant to Section 14029 would likely mitigate the impairment.
(c) This chapter is subject to the guidelines and rules enumerated in this subdivision.
(1) 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):
(A) The following factors may be relevant:
(i) The history of discrimination with respect to the relevant protected class.
(ii) 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.
(iii) 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.
(iv) The extent to which members of the relevant protected class vote or register or reregister to vote at lower rates.
(v) The extent to which members of the relevant protected class have historically made campaign contributions at lower rates.
(vi) The extent to which candidates who are members of the relevant protected class have faced hostility or barriers with respect to campaigning, qualifying for the ballot, receiving financial support, or receiving any other support for an election.
(vii) 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.
(viii) The extent to which the members of the relevant protected class have been elected to local office in that jurisdiction.
(ix) 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.
(x) Any other factor deemed relevant.
(B) 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.
(C) There is no requirement that evidence is required to affect all subgroups within a protected class to be relevant.
(D) 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.
(2) To determine whether elections in the political subdivision exhibit racially polarized voting under clause (i) of subparagraph (A) of paragraph (3) of subdivision (b):
(A) 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.
(B) (i) There is no set number or combination of elections that is required to establish the existence of racially polarized voting. Homogenous precincts are not required to exist within a jurisdiction for purposes of establishing racially polarized voting.
(ii) 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.
(iii) Statistical certainty or any similar statistical metric is not necessary to show the existence of racially polarized voting. Nonstatistical or nonquantitative evidence does not preclude a finding of racially polarized voting based on statistical or quantitative evidence.
(iv) Low or high turnout or registration rates among protected class members does not preclude a finding of racially polarized voting.
(v) 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. The absence of racially polarized voting in elections conducted after the filing of the action shall not impact a finding of racially polarized voting where elections conducted before the filing of the action exhibit racially polarized voting.
(C) 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 the preferences or choices of other voters.
(D) 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.
(E) 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.
(3) When evaluating whether a violation of this section is present, all of the following apply:
(A) The following circumstances are not relevant:
(i) The absolute number or share of protected class members on whom the election policy or practice imposes a material burden is small.
(ii) The degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date.
(iii) The use of an identical or similar election policy or practice in other states or political subdivisions.
(iv) The availability of forms of voting unimpacted by the election policy or practice.
(B) 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.
(C) 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 subdivision (b).
(D) For the purpose of establishing a violation of subdivision (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.
(d) Notwithstanding any other provision of law in this chapter, ongoing civil actions filed prior to the effective date of this section shall, for the purpose of establishing liability, continue to be governed by the legal standards set forth in the California Voting Rights Act of 2001.

SEC. 6.
Section 14028 of the Elections Code is repealed.

SEC. 7.
Section 14028 is added to the Elections Code, to read:
14028.
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 by state courts liberally in favor of the right to vote.

SEC. 8.
Section 14029 of the Elections Code is repealed.

SEC. 9.
Section 14029 is added to the Elections Code, to read:
14029.
(a) (1) 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.
(2) An entity aggrieved by a violation of this chapter includes, but is not limited to, any entity that satisfies either of the following:
(A) The entity’s membership includes individuals aggrieved by a violation of this chapter.
(B) 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.
(3) An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.
(4) This subdivision shall be construed liberally to confer standing as broadly as the California Constitution permits.
(b) (1) Except as provided in paragraph (5), before filing an action against a political subdivision pursuant to subdivision (a) of Section 14027, a party described in subdivision (a), except for the Attorney General, shall send a notice letter to the political subdivision asserting how the political subdivision’s election policy or practice may violate subdivision (a) of Section 14027 and how the type of remedy the party proposes would address the violation. The party shall not file an action within 45 days after sending the notice letter.
(2) A political subdivision that receives a notice letter pursuant to this subdivision shall do both of the following:
(A) Transmit a copy of the notice letter to the Statewide Database, which shall post the letter in a centralized location on its public website.
(B) Include a copy of the notice letter in the next agenda or public notice of a meeting of the governing body.
(3) If, under the laws of this State, the governing body of a political subdivision lacks authority to enact or implement a remedy responsive to the notice letter, the political subdivision may nonetheless enact and implement a proposed remedy upon approval of a court of suitable jurisdiction. An admission of liability is not required for such court approval.
(4) 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.
(5) 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 14027 if any of the following conditions are met:
(A) The party is seeking a preliminary injunction to secure relief with respect to an upcoming election.
(B) 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.
(C) The prospect of obtaining relief under paragraph (2) would be futile.
(c) 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.
(d) Actions brought pursuant to this chapter shall be subject to expedited pretrial, trial, and appellate proceedings and receive an automatic calendar preference.
(e) (1) Upon finding a violation of this chapter, notwithstanding any other law, both of the following apply:
(A) The court shall order appropriate relief tailored to best remedy the violation.
(B) The court has authority to order any appropriate relief, 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, reasonable increases in the size of the governing body of a political subdivision that are not in conflict with subdivision (a) of Section 25000 of the Government Code or Section 4 of Article XI of the California Constitution, 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.
(2) In assessing potential remedies to the violation, the court shall consider historic differences in voter registration and turnout rates, how a proposed remedy may affect such disparities, and whether a proposed remedy would impair the ability of any group to participate in the political process and elect candidates of their choice based on the relative disparities.
(3) The court shall not give deference or priority to a remedy proposed by the political subdivision.
(4) A remedy ordered under this section shall be implemented promptly, including in the next relevant election scheduled or ordered for such purpose, provided that implementing the remedy in the next relevant election will not substantially interfere with the conduct of the election. The court may order modifications to the election calendar of a political subdivision to implement prompt relief.
(5) Notwithstanding paragraph (1), to the extent that a new method of election or change to the existing method of election is necessary to remedy a violation alleged under paragraph (3) of subdivision (b) of Section 14027, that remedy shall comply with the following criteria:
(A) If the court orders a district-based remedy, the court shall consider only the districting criteria set forth in subdivisions (a) to (e), inclusive, of Section 21130, and may consider relevant electoral, demographic, and other data only to determine whether the proposed district-based plan will fully remedy the violation.
(B) If the court orders a share-based method of election, the court shall ensure that no fewer than three candidates are elected at the same time from the same district or at-large body. To effectuate this subparagraph, the court may add seats to the legislative body of the political subdivision subject to its authority in paragraph (1) or combine the election of existing seats by removing staggered elections. The court may consider relevant electoral, demographic, and other data only to determine whether the method of election will fully remedy the violation.
(f) 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.
(g) 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.
(h) (1) 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.
(2) 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.
(3) When a plaintiff prevails solely as a result of a notice letter issued under subdivision (b), the plaintiff’s recovery of attorneys’ fees and associated costs shall be limited to twenty-five thousand dollars ($25,000), and recovery for any external expenses such as expert or other consultant 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.
(4) 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.
(i) 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.
(j) 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 14028.
(k) This chapter shall not be construed to create a cause of action against any state agency or official for creating, enforcing, or administering Senate, Assembly, Congress, or State Board of Equalization electoral or jurisdictional boundaries, nor is it intended to affect the provisions of Section 3(b)(6) of Article I of the California Constitution regarding legislative deliberations, including inquiry into an individual legislator’s intent.

SEC. 10.
Section 14030 of the Elections Code is repealed.

SEC. 11.
Section 14030 is added to the Elections Code, to read:
14030.
(a) 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.
(b) A covered practice includes any of the following:
(1) A new or modified method of election, including changes to districting plans, or maintenance of a method of election following a decennial census. A court-ordered change to a method of election is not a covered practice and is not subject to preapproval.
(2) An annexation or deannexation.
(3) A reduction in language assistance.
(c) A request for preapproval for a covered practice submitted by a political subdivision shall be granted only if both of the following are satisfied:
(1) 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 or elect candidates of choice.
(2) The covered practice is unlikely to violate any of the provisions of this chapter.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) Any party described in subdivision (a) of Section 14029 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.
(i) 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.

SEC. 12.
Section 14032 of the Elections Code is repealed.

SEC. 13.
Section 14033 is added to the Elections Code, to read:
14033.
A political subdivision that makes or has made any change to its method of election pursuant to a court order, settlement, or judgment in an action under this chapter, or as a result of a resolution or ordinance enacted pursuant to the California Voting Rights Act of 2001 or the California Voting Rights Act of 2026, shall not revert to any method of election previously in use in the political subdivision without first obtaining an order from the superior court in the county in which the political subdivision lies certifying that the reversion will not violate any section of this chapter or retrogress the electoral opportunities of any protected class that was the subject of the potential violation motivating the change. In determining whether to permit a reversion pursuant to this section, the court shall liberally permit intervention so as to allow the full consideration of all evidence relevant to the proposed reversion. Upon seeking such order, a political subdivision shall comply with the requirements of subdivision (a) of Section 10010. A court shall not issue an order pursuant to this section until the political subdivision certifies that all of the requirements of subdivision (a) of Section 10010 have been satisfied. Subsequent to securing the order, a political subdivision may revert to a prior method of election upon the approval of its voters.

SEC. 14.
Section 14034 is added to the Elections Code, to read:
14034.
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.

SEC. 15.
Article 1.5 (commencing with Section 19219.5) is added to Chapter 3 of Division 19 of the Elections Code, to read:
1.5.
Voting System Approval for Methods of Election Adopted as Voting Rights Remedies19219.5.
This article applies to any method of election adopted pursuant to a notice letter, court order, consent decree, settlement agreement, or other legally enforceable agreement to remedy a violation of the California Voting Rights Act of 2026 (Chapter 1.5 (commencing with Section 14025) of Division 14).

19219.6.
(a) For purposes of this division, the Secretary of State shall examine, test, and certify or conditionally approve, in whole or in part, a voting system, voting system configuration, software, procedure, or supplemental process for use in an election conducted using a method of election to which this article applies.
(b) On or before December 31, 2028, the Secretary of State shall examine, test, and certify or conditionally approve, in whole or in part, voting systems for use with a method of election to which this article applies if that method has been used in a public election in this state, or if a voting system capable of conducting that method of election has been certified by the United States Election Assistance Commission.
(c) If a method of election to which this article applies is not subject to subdivision (b), the Secretary of State shall examine, test, and certify or conditionally approve, in whole or in part, any voting system, voting system configuration, software, procedure, or supplemental process necessary to conduct an election using that method of election.
(d) The Secretary of State shall establish conditions, procedures, testing requirements, ballot-format requirements, vote-capture requirements, vote-counting and tabulation requirements, vote-transferability requirements if applicable, vote-accumulation requirements, cast vote record production requirements, public reporting requirements, recount and audit requirements, accessibility requirements, security requirements, testing-laboratory requirements, and any other requirements necessary to determine whether a voting system, voting system configuration, software, procedure, or supplemental process can accurately, securely, accessibly, and auditably conduct an election using a method of election to which this article applies.
(e) A voting system shall not be used to conduct an election using a method of election to which this article applies unless the Secretary of State has certified or conditionally approved the voting system for use with that method of election pursuant to this article.

19219.7.
The Secretary of State shall issue regulations and issue any necessary guidance to implement this article.

SEC. 16.
Section 21130 of the Elections Code is amended to read:
21130.
(a) Following or concurrent with the decision to establish district-based elections for a legislative body, or following each federal decennial census for a legislative body that is already elected using district-based elections, the districting body shall, by ordinance or resolution, adopt boundaries for all of the election districts of the legislative body so that the election districts shall be substantially equal in population as required by the United States Constitution.
(1) Population equality shall be based on the total population of residents of the local jurisdiction as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 are available.
(2) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a local jurisdiction’s population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the local jurisdiction, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.
(b) The districting body shall adopt election district boundaries that comply with the United States Constitution, the California Constitution, and the California Voting Rights Act of 2026 (Chapter 1.5 (commencing with Section 14025) of Division 14). If the districting body, consistent with its existing obligations under the California Voting Rights Act of 2026, conducts an analysis to determine whether racially polarized voting exists in the local jurisdiction, the districting body shall publish on its redistricting web page, at a minimum, a summary of its analysis and findings within seven days of completing the analysis or prior to adopting election district boundaries, whichever occurs first.
(c) The districting body shall adopt election district boundaries using the following criteria as set forth in the following order of priority:
(1) To the maximum extent practicable, election districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.
(2) To the maximum extent practicable, and where it does not conflict with the preceding criterion in this subdivision, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single election district for purposes of its effective and fair representation. Characteristics of communities of interest may include, but are not limited to, shared public policy concerns such as education, public safety, public health, environment, housing, transportation, and access to social services. Characteristics of communities of interest may also include, but are not limited to, cultural districts, shared socioeconomic characteristics, similar voter registration rates and participation rates, and shared histories. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(3) To the maximum extent practicable, and where it does not conflict with the preceding criteria in this subdivision, the geographic integrity of a city or census designated place shall be respected in a manner that minimizes its division. This paragraph does not apply to a city.
(4) To the maximum extent practicable, and where it does not conflict with the preceding criteria in this subdivision, election districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the local jurisdiction. Election district boundaries should be easily identifiable and understandable by residents.
(5) To the maximum extent practicable, and where it does not conflict with the preceding criteria in this subdivision, election districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party. A districting body adopting election district boundaries for any nonpartisan offices shall not rely upon party affiliation data in any way, including as a proxy for any other demographic characteristic, and shall not offer or rely on partisan advantage, party affiliation, political ideology, or any similar goal or criterion as an asserted interest or defense in any legal action challenging whether its adopted district boundaries are lawful under state or federal law.
(e) The districting body shall not adopt election district boundaries using any criterion that is prioritized over the criteria in subdivision (c) or that, expressly or as applied, conflicts with one of the requirements in subdivisions (a) to (d), inclusive, except as provided in subdivision (g).
(f) Within 21 days of adopting final election district boundaries, the districting body shall issue a report that explains the basis on which the districting body made its decisions in achieving compliance with the requirements and criteria described in this section, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split. This paragraph does not apply to a special district or small education district. Notwithstanding subdivision (i) of Section 23003, if a local jurisdiction establishes a hybrid redistricting commission to recommend changes to the legislative body’s district boundaries, the report required by this subdivision shall be issued by the districting body, and not by the commission.
(g) Subdivision (c) does not apply to a charter city that has adopted comprehensive or exclusive redistricting criteria in its city charter that includes a requirement to keep whole either communities of interest or neighborhoods. In such a charter city, the report required by subdivision (f) shall explain the basis on which the districting body made its decisions in achieving compliance with the requirements described in this section and the criteria described in the city charter, including, as to each neighborhood or community of interest that was split into two or more districts, the reason for that split. For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more mandatory traditional redistricting criteria other than the requirement that districts be equal in population.
(h) If a local jurisdiction establishes an advisory or hybrid redistricting commission to recommend changes to the legislative body’s district boundaries, any recommendation adopted by the commission shall comply with the requirements of subdivisions (a) through (e), inclusive, except as provided in subdivision (g).
(i) The criteria and requirements of this section apply to all election district boundaries adopted after January 1, 2024, including district boundaries adopted when a legislative body transitions from being elected at-large to elected by districts or from districts.
(j) The amendments to this section made in the act adding this subdivision do not constitute a change in, but are declaratory of, existing law.

SEC. 17.
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.