| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1079Introduced by Assembly Member vila FarasFebruary 20, 2025 An act to amend Section 916 of, and to add Section 917.10 to, the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1079, as introduced, vila Faras. Civil appeals: stay of enforcement.Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election from being imposed or applied 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 a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Upon finding such a violation, a court must implement appropriate remedies, as specified, that are tailored to remedy the violation. Existing law, the FAIR MAPS Act of 2023, requires a districting body, as defined, to adopt election district boundaries that comply with the United States Constitution, the California Constitution, and federal voting rights laws by specified deadlines. If the districting body fails to timely adopt such election district boundaries, the districting body must immediately petition the superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body fails to bring such a petition within a specified time, any resident of the local jurisdiction is authorized to file that petition. Existing law stays proceedings in the trial court upon the judgment or order appealed from, including enforcement of the judgment or order, upon the perfecting of an appeal. Existing law enumerates specified judgments or orders that are not stayed upon the perfecting of an appeal, if certain conditions are present.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 partys at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a partys 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 states elections.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Since the enactment of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), hundreds of cities, school districts, community college districts, and special districts have adopted district-based elections, and still many others had already employed district-based elections.(2) The vote dilution of at-large elections combated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and the California Voting Rights Act of 2001, as well as the gerrymandering of electoral districts combated by the FAIR MAPS Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code), are unacceptable harms to the electorate and our democracy that are impossible to fully repair after an election is conducted using an election system in violation of one or more of these laws.(3) At-large elections may operate to dilute minority votes and result in unresponsiveness of elected officials to the needs of minority communities.(4) Under current law, enforcement of an order or judgment implementing appropriate remedies under the California Voting Rights Act of 2001 or modifying election districts under the FAIR MAPS Act of 2023 may be stayed by the filing of an appeal of that order or judgment, thus forestalling effective relief to minority communities.(5) The prompt implementation of district-based elections to comply with the California Voting Rights Act of 2001 or adjustments in election district boundaries to comply with the FAIR MAPS Act 2023 may be ordered by a Superior Court of competent jurisdiction to protect the right to vote, the equal protection of the laws, and the integrity of the electoral process.(6) The dilution of votes of a protected class in elections for the governing boards of political subdivisions is a matter of statewide concern.(b) It is the intent of the Legislature to ensure that remedial measures ordered by a Superior Court to address violations of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 are implemented promptly regardless of any pending appeal, except where either the Superior Court or both the Attorney General and Secretary of State determine that such prompt implementation is antithetical to the California Voting Rights Act of 2001, the FAIR MAPS Act of 2023, or the orderly administration of the states elections.SEC. 2. Section 916 of the Code of Civil Procedure is amended to read:916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.SEC. 3. Section 917.10 is added to the Code of Civil Procedure, immediately following Section 917.9, to read:917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1079Introduced by Assembly Member vila FarasFebruary 20, 2025 An act to amend Section 916 of, and to add Section 917.10 to, the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 1079, as introduced, vila Faras. Civil appeals: stay of enforcement.Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election from being imposed or applied 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 a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Upon finding such a violation, a court must implement appropriate remedies, as specified, that are tailored to remedy the violation. Existing law, the FAIR MAPS Act of 2023, requires a districting body, as defined, to adopt election district boundaries that comply with the United States Constitution, the California Constitution, and federal voting rights laws by specified deadlines. If the districting body fails to timely adopt such election district boundaries, the districting body must immediately petition the superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body fails to bring such a petition within a specified time, any resident of the local jurisdiction is authorized to file that petition. Existing law stays proceedings in the trial court upon the judgment or order appealed from, including enforcement of the judgment or order, upon the perfecting of an appeal. Existing law enumerates specified judgments or orders that are not stayed upon the perfecting of an appeal, if certain conditions are present.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 partys at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a partys 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 states elections.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 10 | 10 | | |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 1079 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Assembly Member vila FarasFebruary 20, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Assembly Member vila Faras |
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| 18 | 18 | | February 20, 2025 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 916 of, and to add Section 917.10 to, the Code of Civil Procedure, relating to civil actions. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1079, as introduced, vila Faras. Civil appeals: stay of enforcement. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election from being imposed or applied 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 a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Upon finding such a violation, a court must implement appropriate remedies, as specified, that are tailored to remedy the violation. Existing law, the FAIR MAPS Act of 2023, requires a districting body, as defined, to adopt election district boundaries that comply with the United States Constitution, the California Constitution, and federal voting rights laws by specified deadlines. If the districting body fails to timely adopt such election district boundaries, the districting body must immediately petition the superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body fails to bring such a petition within a specified time, any resident of the local jurisdiction is authorized to file that petition. Existing law stays proceedings in the trial court upon the judgment or order appealed from, including enforcement of the judgment or order, upon the perfecting of an appeal. Existing law enumerates specified judgments or orders that are not stayed upon the perfecting of an appeal, if certain conditions are present.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 partys at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a partys 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 states elections. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law, the California Voting Rights Act of 2001, prohibits an at-large method of election from being imposed or applied 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 a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Upon finding such a violation, a court must implement appropriate remedies, as specified, that are tailored to remedy the violation. Existing law, the FAIR MAPS Act of 2023, requires a districting body, as defined, to adopt election district boundaries that comply with the United States Constitution, the California Constitution, and federal voting rights laws by specified deadlines. If the districting body fails to timely adopt such election district boundaries, the districting body must immediately petition the superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body fails to bring such a petition within a specified time, any resident of the local jurisdiction is authorized to file that petition. Existing law stays proceedings in the trial court upon the judgment or order appealed from, including enforcement of the judgment or order, upon the perfecting of an appeal. Existing law enumerates specified judgments or orders that are not stayed upon the perfecting of an appeal, if certain conditions are present. |
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| 31 | 31 | | |
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| 32 | 32 | | 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 partys at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a partys 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 states elections. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 37 | 37 | | |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Since the enactment of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), hundreds of cities, school districts, community college districts, and special districts have adopted district-based elections, and still many others had already employed district-based elections.(2) The vote dilution of at-large elections combated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and the California Voting Rights Act of 2001, as well as the gerrymandering of electoral districts combated by the FAIR MAPS Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code), are unacceptable harms to the electorate and our democracy that are impossible to fully repair after an election is conducted using an election system in violation of one or more of these laws.(3) At-large elections may operate to dilute minority votes and result in unresponsiveness of elected officials to the needs of minority communities.(4) Under current law, enforcement of an order or judgment implementing appropriate remedies under the California Voting Rights Act of 2001 or modifying election districts under the FAIR MAPS Act of 2023 may be stayed by the filing of an appeal of that order or judgment, thus forestalling effective relief to minority communities.(5) The prompt implementation of district-based elections to comply with the California Voting Rights Act of 2001 or adjustments in election district boundaries to comply with the FAIR MAPS Act 2023 may be ordered by a Superior Court of competent jurisdiction to protect the right to vote, the equal protection of the laws, and the integrity of the electoral process.(6) The dilution of votes of a protected class in elections for the governing boards of political subdivisions is a matter of statewide concern.(b) It is the intent of the Legislature to ensure that remedial measures ordered by a Superior Court to address violations of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 are implemented promptly regardless of any pending appeal, except where either the Superior Court or both the Attorney General and Secretary of State determine that such prompt implementation is antithetical to the California Voting Rights Act of 2001, the FAIR MAPS Act of 2023, or the orderly administration of the states elections.SEC. 2. Section 916 of the Code of Civil Procedure is amended to read:916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.SEC. 3. Section 917.10 is added to the Code of Civil Procedure, immediately following Section 917.9, to read:917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 39 | 39 | | |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 41 | 41 | | |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 43 | 43 | | |
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| 44 | 44 | | SECTION 1. (a) The Legislature finds and declares all of the following:(1) Since the enactment of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), hundreds of cities, school districts, community college districts, and special districts have adopted district-based elections, and still many others had already employed district-based elections.(2) The vote dilution of at-large elections combated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and the California Voting Rights Act of 2001, as well as the gerrymandering of electoral districts combated by the FAIR MAPS Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code), are unacceptable harms to the electorate and our democracy that are impossible to fully repair after an election is conducted using an election system in violation of one or more of these laws.(3) At-large elections may operate to dilute minority votes and result in unresponsiveness of elected officials to the needs of minority communities.(4) Under current law, enforcement of an order or judgment implementing appropriate remedies under the California Voting Rights Act of 2001 or modifying election districts under the FAIR MAPS Act of 2023 may be stayed by the filing of an appeal of that order or judgment, thus forestalling effective relief to minority communities.(5) The prompt implementation of district-based elections to comply with the California Voting Rights Act of 2001 or adjustments in election district boundaries to comply with the FAIR MAPS Act 2023 may be ordered by a Superior Court of competent jurisdiction to protect the right to vote, the equal protection of the laws, and the integrity of the electoral process.(6) The dilution of votes of a protected class in elections for the governing boards of political subdivisions is a matter of statewide concern.(b) It is the intent of the Legislature to ensure that remedial measures ordered by a Superior Court to address violations of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 are implemented promptly regardless of any pending appeal, except where either the Superior Court or both the Attorney General and Secretary of State determine that such prompt implementation is antithetical to the California Voting Rights Act of 2001, the FAIR MAPS Act of 2023, or the orderly administration of the states elections. |
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| 46 | 46 | | SECTION 1. (a) The Legislature finds and declares all of the following:(1) Since the enactment of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), hundreds of cities, school districts, community college districts, and special districts have adopted district-based elections, and still many others had already employed district-based elections.(2) The vote dilution of at-large elections combated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and the California Voting Rights Act of 2001, as well as the gerrymandering of electoral districts combated by the FAIR MAPS Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code), are unacceptable harms to the electorate and our democracy that are impossible to fully repair after an election is conducted using an election system in violation of one or more of these laws.(3) At-large elections may operate to dilute minority votes and result in unresponsiveness of elected officials to the needs of minority communities.(4) Under current law, enforcement of an order or judgment implementing appropriate remedies under the California Voting Rights Act of 2001 or modifying election districts under the FAIR MAPS Act of 2023 may be stayed by the filing of an appeal of that order or judgment, thus forestalling effective relief to minority communities.(5) The prompt implementation of district-based elections to comply with the California Voting Rights Act of 2001 or adjustments in election district boundaries to comply with the FAIR MAPS Act 2023 may be ordered by a Superior Court of competent jurisdiction to protect the right to vote, the equal protection of the laws, and the integrity of the electoral process.(6) The dilution of votes of a protected class in elections for the governing boards of political subdivisions is a matter of statewide concern.(b) It is the intent of the Legislature to ensure that remedial measures ordered by a Superior Court to address violations of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 are implemented promptly regardless of any pending appeal, except where either the Superior Court or both the Attorney General and Secretary of State determine that such prompt implementation is antithetical to the California Voting Rights Act of 2001, the FAIR MAPS Act of 2023, or the orderly administration of the states elections. |
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| 48 | 48 | | SECTION 1. (a) The Legislature finds and declares all of the following: |
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| 49 | 49 | | |
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| 50 | 50 | | ### SECTION 1. |
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| 51 | 51 | | |
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| 52 | 52 | | (1) Since the enactment of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), hundreds of cities, school districts, community college districts, and special districts have adopted district-based elections, and still many others had already employed district-based elections. |
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| 53 | 53 | | |
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| 54 | 54 | | (2) The vote dilution of at-large elections combated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) and the California Voting Rights Act of 2001, as well as the gerrymandering of electoral districts combated by the FAIR MAPS Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code), are unacceptable harms to the electorate and our democracy that are impossible to fully repair after an election is conducted using an election system in violation of one or more of these laws. |
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| 55 | 55 | | |
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| 56 | 56 | | (3) At-large elections may operate to dilute minority votes and result in unresponsiveness of elected officials to the needs of minority communities. |
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| 57 | 57 | | |
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| 58 | 58 | | (4) Under current law, enforcement of an order or judgment implementing appropriate remedies under the California Voting Rights Act of 2001 or modifying election districts under the FAIR MAPS Act of 2023 may be stayed by the filing of an appeal of that order or judgment, thus forestalling effective relief to minority communities. |
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| 59 | 59 | | |
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| 60 | 60 | | (5) The prompt implementation of district-based elections to comply with the California Voting Rights Act of 2001 or adjustments in election district boundaries to comply with the FAIR MAPS Act 2023 may be ordered by a Superior Court of competent jurisdiction to protect the right to vote, the equal protection of the laws, and the integrity of the electoral process. |
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| 61 | 61 | | |
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| 62 | 62 | | (6) The dilution of votes of a protected class in elections for the governing boards of political subdivisions is a matter of statewide concern. |
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| 63 | 63 | | |
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| 64 | 64 | | (b) It is the intent of the Legislature to ensure that remedial measures ordered by a Superior Court to address violations of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 are implemented promptly regardless of any pending appeal, except where either the Superior Court or both the Attorney General and Secretary of State determine that such prompt implementation is antithetical to the California Voting Rights Act of 2001, the FAIR MAPS Act of 2023, or the orderly administration of the states elections. |
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| 65 | 65 | | |
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| 66 | 66 | | SEC. 2. Section 916 of the Code of Civil Procedure is amended to read:916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. |
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| 67 | 67 | | |
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| 68 | 68 | | SEC. 2. Section 916 of the Code of Civil Procedure is amended to read: |
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| 69 | 69 | | |
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| 70 | 70 | | ### SEC. 2. |
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| 72 | 72 | | 916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. |
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| 74 | 74 | | 916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. |
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| 75 | 75 | | |
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| 76 | 76 | | 916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. |
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| 80 | 80 | | 916. (a) Except as provided in Sections 917.1 to 917.9, 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order. |
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| 81 | 81 | | |
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| 82 | 82 | | (b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. |
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| 83 | 83 | | |
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| 84 | 84 | | SEC. 3. Section 917.10 is added to the Code of Civil Procedure, immediately following Section 917.9, to read:917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 85 | 85 | | |
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| 86 | 86 | | SEC. 3. Section 917.10 is added to the Code of Civil Procedure, immediately following Section 917.9, to read: |
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| 87 | 87 | | |
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| 88 | 88 | | ### SEC. 3. |
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| 89 | 89 | | |
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| 90 | 90 | | 917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 91 | 91 | | |
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| 92 | 92 | | 917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 93 | 93 | | |
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| 94 | 94 | | 917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:(1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).(2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following:(1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable.(2) Otherwise necessary for the orderly administration of the states elections. |
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| 95 | 95 | | |
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| 96 | 96 | | |
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| 97 | 97 | | |
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| 98 | 98 | | 917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances: |
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| 99 | 99 | | |
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| 100 | 100 | | (1) If the trial court has found that a partys at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). |
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| 101 | 101 | | |
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| 102 | 102 | | (2) If the trial court has found that a partys election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code). |
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| 103 | 103 | | |
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| 104 | 104 | | (b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court shall be stayed upon the perfection of the appeal if the Attorney General and Secretary of State file a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is either of the following: |
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| 105 | 105 | | |
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| 106 | 106 | | (1) In furtherance of the purposes of the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023, as applicable. |
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| 107 | 107 | | |
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| 108 | 108 | | (2) Otherwise necessary for the orderly administration of the states elections. |
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