Civil appeals: stay of enforcement.

Assembly Member Ávila Farías proposes changes to California's civil appeals process that would prevent automatic stays of court orders finding violations of state voting rights and redistricting laws. The legislation addresses enforcement of remedies under the California Voting Rights Act of 2001, which prohibits at-large elections that dilute minority voting power, and the FAIR MAPS Act of 2023, which governs election district boundaries.

Under the proposed changes, appeals would no longer automatically pause enforcement of trial court orders that find violations or likely violations of these laws. The Secretary of State could request a stay if needed for orderly election administration. Parties found to have violated either law must reimburse county election officials for costs incurred from implementing court-ordered changes during appeals. These provisions would apply only to cases filed after January 1, 2026.

The bill maintains courts' existing authority to issue stays or writs of supersedeas according to established procedures. The legislation stems from findings that hundreds of jurisdictions have adopted district-based elections since 2001, while vote dilution and gerrymandering continue to affect minority communities' electoral influence. The bill's authors note that delayed implementation of court-ordered remedies can prevent effective relief for affected voters.