Legal Alerts Feb 02, 2023
In With The New – Part Three
BB&K’s New Law Guidance for a Well-Informed Start to 2023
Elections and voting rights are at the core of local government. Best Best & Krieger LLP’s attorneys and professionals are recognized leaders in providing support and advice on all local election issues relating to voting rights, candidates and ballot measures. Our team assists clients with all types of voting issues, including voting rights and districting, election procedure, candidate nomination, ballot titles, statements and arguments, and ballot measures on a broad array of topics from voter-approved taxes to land use. We are experienced in initiative drafting, filing, publication and circulation, advising on campaign regulations, election contests, election timing, ballot security, recall procedures, referendums, ballot recounts, election-result contests and other post-election matters.
Election Law Resource Center
BB&K’s Election Law Resource Center gives public agencies the Vote of Confidence they need with an Election Law Toolkit and hotline help via telephone or email. The Toolkit, updated annually, includes the latest forms, templates, outlines, checklists and schedules to process, track and conduct regular elections, including resolutions and filings, outlines and other election elements. It includes guidance and explanatory notes. For an annual fee, clients receive the Toolkit and access to the hotline for support using the election templates or for basic election-related questions.
Learn more about our Election Law resources here.
Voting Rights and Redistricting
Voting districts in California must be drawn in compliance with state and federal constitutional and statutory requirements. These include requirements under the Voting Rights Act, the 14th Amendment, the California Voting Rights Act and redistricting guidelines in the California Constitution, Government Code, Elections Code and local charters and ordinances.
We are experienced in helping public agencies consider “by district” voting, with proportional voting districts as required by federal and state law. We also advise on redistricting/reapportionment issues that often arise whenever a new federal census report is published.
Census data forms are the building blocks for any redistricting exercise, but a deeper analysis of community characteristics, shifting demographics, voter data, election outcomes and/or attitudinal profiles are critical information to include in a successful redistricting process. BB&K’s team is experienced helping public agencies develop a statistically reliable understanding of the communities they serve. Utilizing a demographic analysis of census and voter data, as well as advanced statistical techniques and modeling, we provide public agencies with a redistricting plan process that is efficient, seamless and in compliance with the myriad of laws and regulations involved in redistricting.
We regularly advise clients on challenges brought under California and federal voting rights laws. In addition, under the July 2020 California Appellate Court voting rights decision, Pico Neighborhood Association v. City of Santa Monica, there are still uncertainties and risks of costly court challenges pending the California Supreme Court’s hearing of that case on appeal.
General Election Advice/Initiatives and Referendums
We provide day-to-day election advice relating to elections on candidates, initiatives, referendums and recalls, including advice on taxes, fees and general obligation bonds. Our attorneys routinely help clients draft and place local initiative measures on the ballot and respond to citizen-driven initiative and referendum measures.
Election Finance
BB&K provides campaign finance guidance under California’s Political Reform Act and Fair Political Practice Commission regulations and Federal Election Commission regulations. Our attorneys regularly advise public agencies on constraints on public spending in connection with ballot measures, have advised many cities to ensure that local candidates and political action committees comply with applicable campaign disclosure requirements and have helped clients draft their own local campaign contribution limitation ordinances to the extent permitted by law. We assist local agency formation commissions in regulating pre-election and protest election financing of LAFCO proposals.
Election Litigation
BB&K is well-qualified to represent clients in the rapidly emerging areas of voting rights, suffrage and election integrity.
BB&K’s New Law Guidance for a Well-Informed Start to 2023
BB&K Attorneys to Present on Fiduciary and Government Oversight Responsibilities
BB&K Webinar Featuring Guest Speakers HaystaqDNA Senior Vice President and Senior Data Analyst
Gov. Newsom signs SB 1439, Expanding the Levine Act’s Restrictions
BB&K’s Stephanie Smith to Present Lessons Learned From a Disrupted Redistricting Process and More
Lawful or Landmine? Court Rules on First Amendment Snares
FPPC’s Newly Issued Leiderman Commission Opinion Provides Guidance on Campaign Reporting Obligations
BB&K's New Law Guidance for a Happy New Year
PublicCEO Article on Navigating Developing Challenges Involving Public Records, Social Media and More
Christi Hogin and Michael Jenkins Selected to Receive El Matador Grande Award
Daily Journal Includes Municipal Law Partner on its Annual List
Election Law Partner Scott Smith Discusses Redistricting Requirements in Western City Magazine
Stephanie Now Serves as BB&K’s Director of Election Services
City Clerks Association of California's 2021 Annual Conference
A “Toolkit” and Hotline Among New Offerings
Court of Appeal Decision in Yumori-Kaku et al. v. City of Santa Clara
What Public Agencies Must Know Ahead of the U.S. Census Bureau’s Data Release
California Trial Court Rules on Campaign-Related Public Spending
Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap
Court Invalidates Common Sign Ordinance on First Amendment Grounds
Swift Decision Rejects Ballot Language Opposition
BB&K's Henry Castillo Writes About the Legal Authority for Election Postponement in PublicCEO
California Appellate Court Holds Plaintiffs Must Establish “Dilution” to Successfully Challenge At-Large Voting Systems Under CVRA
New Order Also Gives Guidance on Three Upcoming Special Elections
Appellate Court Takes on “Home Rule” in City of Redondo v. Alex Padilla
California Appellate Court Invalidates Water District Board Election
Elections, Public Safety, Surplus Funds and More
New Public Agency, California Public Records Act, Education and Labor & Employment Laws
Part 1: California Laws Impacting Public Agencies for 2020
FPPC Will Enforce Limits
FPPC Advises When Public Agencies Can Survey Voters and Disseminate Results
Calif. Appellate Court Strikes Down SB 1107
Initiatives that Would Change County Government Structure Not Allowed, Calif. Appellate Court Rules
Seeking Legislation to Amend Political Reform Act
2019 Brings Changes to Election, Revenue, Conflict of Interest, Property and Public Safety Laws… and More
Additional Changes to Leadership Roles
New and Expanded Services and More Attorneys and Staff Added in 2018
Ninth Circuit Holds That States Have an Important Interest in Preserving the Integrity of Their Political Institutions
BB&K Attorneys Jim Priest and Sigrid Asmundson Discuss the Dos and Don’ts in PublicCEO
Municipal Law Attorney to Serve Educational Organizations
California Appellate Court Gives Cities Less Flexibility
Issue Related to Number of Votes Needed to Pass a General Versus Special Tax Under Proposition 218
Of Counsel
Of Counsel
Attorney Recently Merged Firm with BB&K, Sierra Sun Reports
PublicCEO
By Thomas Rice
Elections, Public Records Act, Revenue and Conflicts of Interest
Certain Government-Funded Mailings Prohibited 60 Days Before an Election
California Voter Participation Rights Act
Five BB&K Partners Receive Honor
Laws Passed in 2016 That Will Impact Public Agency Work
Of Counsel
Advocacy vs. Informational: BB&K Attorney Jim Priest Discusses with Sacramento Bee
By William J. Priest
By William J. Priest
Total Population, However, May Not Be the Only Standard Upon Which Voting Areas Can Be Based
Case Illustrates Why How a Measure is Worded Matters
By William J. Priest
This comprehensive round-up includes new legislation that will impact cities, counties, special districts and schools.
The Education Code and the Courts Have Established Rules and Regulations for Campuses
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