Securing Fair Representation in California

Document Date: August 5, 2025

SECURING FAIR REPRESENTATION IN CALIFORNIA

The California Voting Rights Act of 2001 (“CVRA” or “Act”) is one of the state’s most significant civil rights laws and a powerful tool to combat vote dilution. Authored by then-Senator Richard Polanco and inspired by the vision of voting rights giant Joaquin G. Avila, the CVRA was enacted in 2002 to address the persistent harms of dilutive at-large election systems in California—systems that have long silenced the voices of political and racial minorities and blocked communities from translating political organizing into electoral victories.

Over the past two decades, the CVRA has transformed local democracy across California. The law has compelled over 600 cities, school districts, and other jurisdictions to abandon at-large elections. As a result, minority communities throughout the state have seen meaningful gains, including:

 

  • GREATER ORGANIZING OPPORTUNITIES to elect preferred candidates and advance community-driven policies.
  • INCREASED REPRESENTATION on local governing bodies, helping to build a pipeline to higher office.
  • HIGHER LEVELS OF POLITICAL PARTICIPATION among historically disenfranchised voters.
  • MORE RESPONSIVE LOCAL GOVERNMENTS that better reflect the needs of all their constituents

THE CURRENT LANDSCAPE

Emerging Challenges to Fair Representation

Although the CVRA has been immensely successful, the work is far from over. Hundreds of jurisdictions still use at-large elections that can dilute the votes of political minorities and voters of color. Further, transitions to district elections sometimes occur with little public input and, because the CVRA applies only to at-large systems, communities have limited tools to challenge district maps that are harmful. Meanwhile, special interests have adapted by injecting more money into local district elections to impact election results.

These challenges are compounded by new threats emerging here at home—such as one county’s abrupt elimination of accessible voting technology and a city’s adoption of an unlawful voter ID requirement—and by the ongoing weakening of federal protections. In recent years, the U.S. Supreme Court has dealt major blows to the federal Voting Rights Act (VRA), and, in a 2023 decision, the Eighth Circuit Court of Appeals held that private parties, including voters, can no longer bring lawsuits under Section 2 of the VRA in that circuit. Congressional proposals and executive actions have only added to these threats. As federal safeguards continue to erode, California must take proactive steps to defend and expand voting rights at home.

A PATH FORWARD

Strengthening the CVRA and Adopting Broader Protections for Voters

The CVRA remains a foundational tool and has paved the way for other states, but California now lags far behind. Starting with Washington in 2018, numerous states have adopted expansive voting rights acts: Oregon (2019), Virginia (2021), New York (2022), Connecticut (2023), Minnesota (2024), and Colorado (2025). While California fails to act, leaders elsewhere have responded decisively to strengthen protections against threats to voting rights. New York and Connecticut in particular adopted robust laws that go far beyond the CVRA.These laws prohibit vote dilution in at-large and district elections, establish preclearance programs, and include Democracy Canons that require courts to interpret voting laws in favor of voters, among other reforms. In addition, legislators have introduced state voting rights act bills in New Jersey, Maryland, Michigan, Alabama, Arizona, Florida, Illinois, and Texas.

KEY RECOMMENDATIONS

Meeting these challenges demands renewed focus and decisive action. The following policy objectives and recommendations outline a path forward.

POLICY OBJECTIVE: Protecting and Strengthening the CVRA

  • Improve Community Outreach | Provide early and more meaningful community outreach during CVRA transitions and offer technical assistance to communities.
  • Prohibit Jurisdictions From Retaining At-large Seats | Bar jurisdictions from retaining at-large seats, including at-large mayoral seats, after CVRA transitions.
  • Require Expedited Review | Require courts to fast-track CVRA-related cases, including appeals, to prevent prolonged use of discriminatory systems.

POLICY OBJECTIVE: Providing Broader Protections

  • Codify Ban on Vote Dilution In District Elections |Codify a version of Section 2 to ban district election systems that deny minority voters equal opportunities to elect candidates of their choice.
  • Establish a Preclearance Program | Require covered jurisdictions to get state approval before implementing certain election changes such as redistricting or reductions in language assistance.
  • Adopt A Democracy Canon | Enact a judicial canon that directs courts to interpret voting and election laws liberally in favor of voters.
  • Address Money In Politics | Address the outsized role of money in district elections, e.g., by lifting the ban on public campaign financing.

By advancing these reforms, California can strengthen voting protections to meet today’s challenges and ensure equal political access for all communities.

California must act—by defending the CVRA, addressing existing gaps in the law, and expanding state voting rights protections within the CVRA and through broader reforms. The following report outlines a roadmap for achieving these goals through targeted policies grounded in data, legal analysis, and community experience.