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August 2, 2021 <br /> Page 2 of 4 <br /> officials to "ignore [minority] interests withoutfear of political consequences"), citing <br /> Rogers v. Lodge, 458 U.S. 613, 623 (1982); White v. Register, 412 U.S. 755, 769 (1973). <br /> "[T]he majority, by virtue of its numerical superiority, will regularly defeat the choices of <br /> minority voters." Gingles, at 47. When racially polarized voting occurs, dividing the <br /> political unit into single-member districts, or some other appropriate remedy, may facilitate <br /> a minority group's ability to elect its preferred representatives. Rogers, at 616. <br /> Section 2 of the federal Voting Rights Act ("FVRA"), 42 U.S.C. § 1973, which Congress <br /> enacted in 1965 and amended in 1982, targets, among other things, at-large election <br /> schemes. Gingles at 37; see also Boyd & Markman, The 1982 Amendments to the Voting <br /> Rights Act: A Legislative History (1983) 40 Wash. & Lee L. Rev. 1347, 1402. Although <br /> enforcement of the FVRA was successful in many states, California was an exception. By <br /> enacting the CVRA, "[t]he Legislature intended to expand protections against vote dilution <br /> over those provided by,the federal Voting Rights Act of 1965." Jauregui v. City of <br /> Palmdale (2014) 226 Cal. App. 4u, 781, 808. Thus, while the CVRA is similar to the FVRA <br /> in several respects, it is also different in several key respects, as the Legislature sought to <br /> remedy what it considered "restrictive interpretations given to the federal act."Assem. Corn. <br /> on Judiciary, Analysis of Sen. Bill No. 976 (2001-2002 Reg. Sess.) as amended Apr. 9, <br /> 2002, p. 2. <br /> The California Legislature dispensed with the requirement in Gingles that a minority group <br /> demonstrate that it is sufficiently large and geographically compact to constitute a <br /> "majority-minority district." Sanchez, at 669. Rather, the CVRA requires only that a <br /> plaintiff show the existence of racially polarized voting to establish that an at-large method <br /> of election violates the CVRA, not the desirability of any particular remedy. See Cal. Elec. <br /> Code § 14028 ("A violation of Section 14027 is established if it is .shown that racially <br /> polarized voting occurs ...") (emphasis added); also see Assem. Com. on Judiciary, <br /> Analysis of Sen. Bill No. 976 (2001-2002 Reg. Sess.) as amended Apr. 9, 2002, p. 3 <br /> ("Thus, this bill puts the voting rights horse (the discrimination issue) back where it sensibly <br /> belongs in front of the cart (what type of remedy is appropriate once racially polarized <br /> voting has been shown).") <br /> To establish a violation of the CVRA, a plaintiff must generally show that "racially <br /> polarized voting occurs in elections for members of the governing body of the political <br /> subdivision or in elections incorporating other electoral choices by the voters of the political <br /> subdivision." Elec. Code § 14028(a). The CVRA specifies the elections that are most <br /> probative: "elections in which at least one candidate is a member of a protected class or <br /> elections involving ballot measures, or other electoral choices that affect the rights and <br /> privileges of members of a protected class." Elec. Code § 14028(a). The CVRA also <br /> makes clear that "[e]lections conducted prior to the filing of an action ... are more probative <br /> to establish the existence of racially polarized voting than elections conducted after the <br /> filing of the action." Id. <br />