Official Summary Text
AB 1079, Ávila Farías.
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 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 authorize a trial court to order the stay of a judgment or order under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 upon the perfection of an appeal if the Secretary of State files a certification in the trial court stating that a stay is necessary for the orderly administration of the state’s elections. This bill would also require the party found to have violated or found to be likely to violate the acts to reimburse the county elections officials for costs incurred in administering the election that result from enforcement of the trial court’s order or the order of a court issued while an appeal is pending. The bill would specify that these provisions do not apply to a judgment or order entered in a proceeding or action commenced on or before January 1, 2026 that asserts at least one cause of action under the California Voting Rights Act of 2001 or the FAIR MAPS Act of
2023.