§ 21
354 words·~2 min read·
/ca/elections-code/21A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Within three court days after a state or local agency or political subdivision files or is served with a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide written notice to the Secretary of State and the Attorney General. Notice shall include the case number, case name, and venue.
(b)At least 14 court days before a state or local agency or political subdivision enters into a settlement, consent decree, or other court-approved agreement in a court action relating to elections that contains a claim arising under federal law, the state or local agency or political subdivision shall provide a draft copy of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General in order to provide them an opportunity to deliver guidance to the state or local agency or political subdivision to ensure that the settlement, consent decree, or other court-approved agreement is consistent with California law, including California regulations. Any records or information exchanged under this section shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c)For purposes of this section, a claim arising under federal law includes, but is not limited to, a claim brought under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), the Civil Rights Act of 1960 (52 U.S.C. Sec. 20701 et seq.), and the Fourteenth and Fifteenth Amendments to the United States Constitution.
(d)This section shall not be construed to require the Secretary of State or the Attorney General to become a party to any action of which they receive written notice.
(e)The Legislature finds and declares that this section addresses a matter of statewide concern, and therefore this section applies to all cities and counties, including charter cities, charter counties, and charter cities and counties.