Chapter 1.7. Voter Participation of California Elections Code >> Division 14. >> Chapter 1.7.
This chapter shall be known and may be cited as the
California Voter Participation Rights Act.
As used in this chapter:
(a) "Political subdivision" means a geographic area of
representation created for the provision of government services,
including, but not limited to, a city, a school district, a community
college district, or other district organized pursuant to state law.
(b) "Significant decrease in voter turnout" means the voter
turnout for a regularly scheduled election in a political subdivision
is at least 25 percent less than the average voter turnout within
that political subdivision for the previous four statewide general
(c) "Voter turnout" means the percentage of voters who are
eligible to cast ballots within a given political subdivision who
(a) Except as provided in subdivision (b), a political
subdivision shall not hold an election other than on a statewide
election date if holding an election on a nonconcurrent date has
previously resulted in a significant decrease in voter turnout.
(b) A political subdivision may hold an election other than on a
statewide election date if, by January 1, 2018, the political
subdivision has adopted a plan to consolidate a future election with
a statewide election not later than the November 8, 2022, statewide
Upon a finding of a violation of subdivision (a) of Section
14052, the court shall implement appropriate remedies, including the
imposition of concurrent election dates for future elections and the
upgrade of voting equipment or systems to do so. In imposing remedies
pursuant to this section, a court may also require a county board of
supervisors to approve consolidation pursuant to Section 10402.5.
In an action to enforce subdivision (a) of Section 14052,
the court shall allow the prevailing plaintiff other than the state
or political subdivision of the state, a reasonable attorney's fee
consistent with the standards established in Serrano v. Priest (1977)
20 Cal.3d 25, 48-49, and litigation expenses including, but not
limited to, expert witness fees and expenses as part of the costs. A
prevailing defendant shall not recover any costs, unless the court
finds the action to be frivolous, unreasonable, or without
A voter who resides in a political subdivision where a
violation of subdivision (a) of Section 14052 is alleged may file an
action pursuant to that section in the superior court of the county
in which the political subdivision is located.
This chapter does not apply to special elections.
This chapter shall become operative on January 1, 2018.