Bill > SB1164

This bill significantly amends and expands the California Voting Rights Act of 2001 (CVRA), which is a state law designed to prevent discriminatory election methods that impair minority groups from electing candidates of their choice. Specifically, the legislation prohibits political subdivisions and state agencies from implementing or enforcing any election policy or practice that results in voter suppression—defined as causing material disparities in voter participation or political access for protected classes, which include race, color, or language-minority groups—unless the government can prove by clear and convincing evidence that the policy is necessary to fulfill a compelling governmental interest. It also bars election methods that result in vote dilution, which occurs when racially polarized voting—meaning divergent voting preferences between protected classes and other voters—impairs minority groups from fairly participating in elections and nominating preferred candidates. Before filing a lawsuit over alleged violations, potential plaintiffs (such as affected voters or the Attorney General) must generally send a notice letter to give local governments an opportunity to fix the issue through specific public hearings and remedial plans, though limited exceptions allow for immediate legal action. Furthermore, the bill requires local governments that have been found liable for voting rights violations within the previous ten years to obtain preapproval (or "preclearance") from the Attorney General before enacting significant changes to their election systems, annexations, or language assistance. It also mandates that the Secretary of State test and certify voting systems intended to remedy CVRA violations, updates the strict criteria that local jurisdictions must follow when drawing electoral district boundaries after federal censuses, and establishes that all state voting laws must be interpreted broadly to protect the right to vote.