California Voting Rights Act

The California Voting Rights Act of 2001 (CVRA) expands on the federal Voting Rights Act of 1965, making it easier for minority groups in California to prove that their votes are being diluted in "at-large" elections. In 1986, the U.S. Supreme Court established conditions that must be met to prove that minorities are being disenfranchised; the CVRA eliminated one of these requirements. Unlike the federal Voting Rights Act, the CVRA does not require plaintiffs to demonstrate a specific geographic district where a minority is concentrated enough to establish a majority. This makes it easier for minority voters to sue local governments and eliminate at-large elections. The Act was signed into law on 9 July 2002.

In 2006, California's Fifth District Court of Appeal ruled the act constitutional in Sanchez v. City of Modesto. The city claimed that the act was unconstitutional because it inherently favored people of color; the court concluded that the act was not racist in nature and returned the case to the trial court.

Critics of the act argue that it inappropriately makes race a predominant factor in elections and that it does not make sense to eliminate the requirement to establish a geographic district where there is a minority concentration. Advocates argue that at-large elections allow bloc voting that effectively keeps minorities out of office.

The bill was introduced to the California State Senate by Democratic Senator Richard Polanco. The bill was endorsed by both the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund. The bill passed on the Senate floor with a vote of 22 to 13, and passed on the assembly floor with a vote of 47 to 25. The bill was signed into law by Governor Gray Davis on July 9, 2002.

Primarily, the CVRA makes it easier for minority groups to sue governments that use at-large elections on the grounds that they dilute the strength of minority votes. The CVRA also requires the government to pay all legal and court fees for the plaintiff should the plaintiff win; this includes cases in which the government chooses to settle before a verdict is reached. By 2009, three cases had been successfully brought against local governments; all three resulted in the elimination of at-large elections (and the drawing of district lines). A total of $4.3 million has been paid to compensate attorney's fees.

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