California 2015-2016 Regular Session Status: To Executive

AB 1301 — Voting rights: preclearance.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Before that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements. This bill would establish a state preclearance system. Under this system, if a covered political subdivision, as defined, enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the covered political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy will not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the covered political subdivision to seek review of the Secretary of State's decision by means of an action filed in the Superior Court of Sacramento. By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 14. Page 2458.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (August 27).

  8. In committee: Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on E. & C.A.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 26. Page 1790.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  16. In committee: Set, first hearing. Referred to APPR. suspense file.

  17. Re-referred to Com. on APPR.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 29).

  22. Referred to Com. on E. & R.

  23. Read first time.

  24. From printer. May be heard in committee March 31.

  25. Introduced. To print.

Sponsors

  • Alejo · Cosponsor
  • Jones-Sawyer · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No

Sponsors (1)

  • Jones-Sawyer

Co-sponsors (1)

  • Alejo

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1301 Jones-Sawyer By Hall

Passed 26 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241300
Democratic 2100
Total 261400
% of votes cast 65%35%0%0%
How each member voted (40)
Member Party Vote
Beall — Yea
Hueso — Yea
Leno — Yea
Monning — Yea
Pan — Yea
Fuller — Nay
Galgiani — Yea
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Runner — Nay
Hall — Yea
Hancock — Yea
Hernandez — Yea
Anderson — Nay
Bates — Nay
Block — Yea
Hertzberg — Yea
Hill — Yea
Huff — Nay
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Lara — Yea
Leyva — Yea
Hill — Yea
Bates — Nay
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Leyva — Yea
Mendoza — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Nielsen — Yea

Official roll call →

AB 1301 JONES-SAWYER Assembly Third Reading

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 472102
Democratic 4000
Republican 0501
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Linder — Not Voting
Mathis — Nay
Medina — Yea
Mullin — Yea
Obernolte — Nay
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Eggman — Yea
Chu — Yea
Campos — Yea
Gomez — Yea
Holden — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Gray — Yea
Low — Yea
Lopez — Yea
McCarty — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Gatto — Nay
Atkins — Yea
Gordon — Yea
Burke — Yea
Harper — Nay
Chang — Nay
Kim — Nay
Levine — Yea
Maienschein — Nay
Chau — Yea
Baker — Nay
Chiu — Yea
Chávez — Not Voting
Cooley — Yea
Mayes — Nay
Melendez — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Wood — Yea
Frazier — Yea
Gonzalez — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10300
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Quirk — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Chang — Nay
Gomez — Yea
Gordon — Yea
Bigelow — Nay
Daly — Yea
Holden — Yea
Rendon — Yea
Wagner — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1301 do?
Existing law, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Before that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements. This bill would establish a state preclearance system. Under this system, if a covered political subdivision, as defined, enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the covered political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy will not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the covered political subdivision to seek review of the Secretary of State's decision by means of an action filed in the Superior Court of Sacramento. By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1301?
AB 1301 is sponsored by Alejo and Jones-Sawyer.
What is the current status of AB 1301?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1301?
Track AB 1301 free on One Click Politics — get push/email alerts when it moves.

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