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HomeElections CodeDiv. 0.5Ch. 1§ 21 Election Lawsuit Notification Requirements

§ 21 Election Lawsuit Notification Requirements

Elections Code·California
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§ 21 Election Lawsuit Notification Requirements

This law says that if a city or county in California gets sued over election problems involving federal laws, they must tell the Secretary of State and Attorney General right away. They also have to show them any settlement deals before agreeing to them.

Key Takeaways

  • •If a city or county is sued over election issues involving federal laws, they must notify the Secretary of State and Attorney General within 3 days.
  • •Before settling the case, they must send the settlement deal to those officials at least 14 days ahead of time.
  • •The law covers lawsuits about federal voting rights, like the Voting Rights Act or problems with voter registration.
  • •The Secretary of State and Attorney General don’t have to join the lawsuit, but they get to review the settlement.

Example

A city is sued because someone says their voting rules break federal laws, like making it hard for some people to vote.

The city must tell the Secretary of State and Attorney General about the lawsuit within 3 days. If they want to settle the case, they have to send the settlement to those officials 14 days before agreeing to it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 21 Election Lawsuit Notification Requirements

(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. (Added by Stats. 2025, Ch. 238, Sec. 1. (SB 851) Effective October 1, 2025.)

Last verified: January 10, 2026

Key Terms

court action relating to electionsclaim arising under federal lawSecretary of StateAttorney Generalsettlementconsent decreecourt-approved agreementCalifornia law

Related Statutes

  • § 14 Disaster Election Procedures
  • § 11 Election Officials Uniformity Meetings
  • § 11023 Recall Officer Response Requirements
  • § 11043.5 Recall Petition Format Requirements
  • § 13002 Ballot Security Features

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 21.
View Official Source