Cities fighting CVRA lawsuits over at-large voting could soon be forced to make changes to their election systems before the appeals process has run its course.
AB 1079 was introduced last month by Democratic Assemblymember Anamarie Avila Farias, who represents the East Bay and Contra Costa County communities.
This bill would provide that the perfecting of an appeal does not stay enforcement of an order in the trial court, in the absence of an order of the trial court providing otherwise, if the trial court finds that either (1) a party’s at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a party’s election district boundaries violate, or are likely to violate, the FAIR MAPS Act of 2023. Notwithstanding that provision, the bill would require the enforcement of a judgment or order under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 to be stayed upon the perfection of an appeal if the Attorney General and Secretary of State file a certification in the trial court stating that enforcement is (1) in furtherance of either voting rights act, or (2) otherwise necessary for the orderly administration of the state’s elections.
At a recent hearing, Farias was joined by Marvin Pineda of the Asian Law Alliance and attorney Kevin Shenkman, who has spearheaded most of the CVRA lawsuits against cities.
“…The current judicial procedures allow jurisdictions to delay compliance with court orders by simply filing an appeal, perpetuating some discriminatory election systems and undermining judicial authority,” Pineda testified before the Assembly Judiciary Committee.
Pineda specifically pointed to the city of Huntington Beach. Surf City has resisted the transition to district elections amid ongoing litigation, even though a judge has said the plaintiffs are likely to prevail.
Another city that would be impacted by AB 1079 is Santa Monica. Six years ago, a judge ruled against that city’s at-large voting system, agreeing that it disenfranchised Latino voters. Santa Monica appealed that decision. Since the appeals are still pending, the city continues to hold its elections at large.
Lobbyist Sylvia Shaw attended the recent committee hearing on behalf of Santa Monica. She warned that AB 1079 could create chaos by forcing cities to alter their election systems over and over again.
“An expensive and potentially temporary overhaul of a voting system,” she said, “could leave minority voters in the city worse off than under the at-large system.”
Read more about AB 1079 and its potential implications at CalMatters.