CaliforniaCivil appeals: stay of enforcement.
What it does
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.
More detail
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.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 1Chaptered by Secretary of State - Chapter 178, Statutes of 2025.Latest
- Oct 1Approved by the Governor Gavin Newsom.Became Law
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 13Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 17. Page 3474.).Major
- Vote recorded AB 1079 Ávila Farías Concurrence in Senate Amendments. Result: pass.Lower
- Sep 13Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
- Sep 12In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1079 Ávila Farías By Arreguín. Result: pass.Upper
- Sep 12Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 2984.).Passed Senate
- Jul 16Read second time. Ordered to third reading.Minor
- Jul 15From committee: Do pass. (Ayes 4. Noes 1.) (July 15).Minor
- Vote recorded Do pass. Result: pass.Upper
- Jul 3Read second time and amended. Re-referred to Com. on E. & C.A.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on E. & C.A. (Ayes 10. Noes 1.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Elections and Constitutional Amendments]. Result: pass.Upper
- Jun 18Referred to Coms. on JUD. and E. & C.A.Minor
- Jun 5In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Jun 4Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 16. Page 2072.)Passed Assembly
- Vote recorded AB 1079 Ávila Farías Assembly Third Reading. Result: pass.Lower
- May 19Read third time and amended. Ordered to third reading. (Page 1616.)Major
- May 7Read second time. Ordered to third reading.Minor
- May 6Read second time and amended. Ordered returned to second reading.Major
- May 5From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (April 30).Major
- Apr 30
- Vote recorded Do pass as amended. Result: pass.Lower
- Apr 24Re-referred to Com. on ELECTIONS.Minor
- Apr 23From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.Major
- Apr 7In committee: Set, first hearing. Hearing canceled at the request of author.
- Mar 26From committee: Do pass and re-refer to Com. on ELECTIONS. (Ayes 7. Noes 3.) (March 25). Re-referred to Com. on ELECTIONS.Minor
- Mar 25
- Vote recorded Do pass and be re-referred to the Committee on [Elections]. Result: pass.Lower
- Mar 10Referred to Coms. on JUD. and ELECTIONS.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced