According to this story, three voters in Monterey County, California, are about to file a lawsuit against the June 22 special election date to fill the vacant State Senate seat, 15th district. The lawsuit will charge that holding a special election on June 22, only two weeks after the primary, represents a “change”, and therefore the date must be pre-cleared with the U.S. Justice Department, Voting Rights section. Monterey County is one of four California counties that is covered by section five of the Voting Rights Act. Monterey County is partly in the 15th district. Thanks to Rick Hasen for the link.

Areas covered by section five of the Voting Rights Act may not change any election law or election practice without approval from the Voting Rights Section of the Justice Department, or from a 3-judge U.S. District Court in Washington, D.C.

California’s Lieutenant Governor, Abel Maldonado, has made public appearances in the last few months, in which he advocates for Proposition 14 and also holds himself out as a champion of voting rights. However, his record while he was in the state legislature does not suggest that he was interested in expanding voting rights.

In 2000, he voted “No” on AB 1094, which changed the deadline for a voter to register to vote from 29 days before an election, to 15 days. The bill passed and was signed into law.

In two different legislative sessions, he voted against the National Popular Vote Plan: AB 2948 in 2006, and SB 37 in 2008. The National Popular Vote Plan, if passed by California and enough other states, would end any future occurrences at which someone could assume the presidency even though that person had polled fewer popular votes than another presidential candidate. Both bills passed the legislature but both bills were vetoed by Governor Arnold Schwarzenegger. A 2008 poll by the Public Policy Institute of California showed that 70% of Californians support the National Popular Vote Plan.

In 2007, he voted against SB 439, which would have provided that voter intent should control whether a write-in vote is valid. Specifically, the bill would have said that if a voter write-ins on the ballot the name of a declared write-in candidate, that vote should count, even if the voter forgot, or didn’t know, to “X” the square next to the name. The bill passed but was vetoed.

In 2007, he voted against AB 1294, which said that any general law city or county is free to use Instant Runoff Voting for its own city or county elections. Current law lets charter cities implement IRV for its own elections, but does not let general law cities or counties make this decision. The bill passed but was vetoed. All popular votes during the last ten years in California charter cities, asking the voters if they wish to use IRV for their own cities, have passed.

In 2008, he voted against AB 583, which passed and was signed into law. It provides that in June 2010, the voters vote on whether to repeal a State Constitutional ban on public funding for candidates. The existing ban applies not only to the state, but to any local government. This measure is Proposition 15. Polls indicate that it is leading.