Action v. Weber

• Decision Date: 23 March 2021
• Docket Number: A159540
• Citation: 276 Cal.Rptr.3d 587,62 Cal.App.5th 357
• Court: California Court of Appeals Court of Appeals
• Parties: SENIOR AND DISABILITY ACTION et al., Plaintiffs and Appellants, v. Shirley WEBER, as Secretary of State, etc., Defendant and Respondent.

62 Cal.App.5th 357

276 Cal.Rptr.3d 587

SENIOR AND DISABILITY ACTION et al., Plaintiffs and Appellants,

v.Shirley WEBER, as Secretary of State, etc., Defendant and Respondent.

A159540

Court of Appeal, First District, Division 3, California.

Filed March 23, 2021

Shilpi Agarwal, Anne Decker, Amy Gilbert, American Civil Liberties Union Foundation of Northern California, Frederick P. Nisen, Paul R. Spencer, Ben Conway, Navneet K. Grewal, Los Angeles, Disability Rights California, for Plaintiffs and Appellants.

Xavier Becerra, Attorney General, Thomas S. Patterson, Senior Assistant Attorney General, Paul Stein, Supervising Deputy Attorney General, Anna Ferrari, Deputy Attorney General, for Defendant and Respondent.

Wiseman, J.^* Senior and Disability Action, Alice Chiu, and the American Civil Liberties Union of Northern California (ACLU) (collectively Appellants) sought a writ of mandate to compel the Secretary of State of California (the Secretary) to designate certain state offices as voter registration agencies under the federal National Voter Registration Act (NVRA). The trial court determined the Secretary had no mandatory duty to designate two of the offices for which Appellants sought designation, "Local Educational Agency (LEA) Special Education Offices" and Area Agencies on Aging, as voter registration agencies. We affirm.

BACKGROUND

A. The NVRA

In 1993, Congress enacted the NVRA to "increase the number of eligible citizens who register to vote in elections for Federal Office." ( 52 U.S.C. § 20501(b)(1).) The statute requires states to provide three different systems for registering voters in federal elections: (1) a system connected to applying for a driver's license; (2) a system by mail; and (3) a system "by application in person" at various state offices. ( 52 USC § 20503(a)(1)-(3) ; Young v. Fordice (1997) 520 U.S. 273, 275, 117 S.Ct. 1228, 137 L.Ed.2d 448.) This appeal concerns the third system—voter registration services at state offices.

The NVRA requires each state to "designate agencies for the registration of voters in elections for Federal office." ( 52 U.S.C. § 20506(a)(1).) There are two types of agencies a state is required to designate: (1) "all offices in the State that provide public assistance" ( 52 U.S.C. § 20506(a)(2)(A) ( Section 20506(a)(2)(A) ) and (2) "all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities." ( 52 U.S.C. § 20506(a)(2)(B) ( Section 20506(a)(2)(B) ).)

In addition, the NVRA directs each state to "designate other offices within the State as voter registration agencies." ( 52 U.S.C. § 20506(a)(3)(A).) Such designated agencies "may include— ¶ (i) State or local government offices such as public libraries, public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus, government revenue offices, unemployment compensation offices, and offices not described in [ Section 20506(a)(2)(B) ] that provide services to persons with disabilities; and ¶ (ii) Federal and nongovernmental offices, with the agreement of such offices." ( 52 U.S.C. § 20506(a)(3)(B) ( Section 20506(a)(3)(B).)

Each designated voter registration agency must offer certain voter registration services, including distribution of voter registration application forms, assistance to applicants in completing these forms, unless such assistance is refused, and acceptance of completed voter registration application forms for transmittal to the proper election officials. ( 52 U.S.C. § 20506(a)(4)(A).) If a mandatory voter registration agency under Section 20506(a)(2)(B) provides services to a person with a disability at that person's home, voter registration services shall also be extended at the person's home. ( 52 U.S.C. § 20506(a)(4)(B).) Further, any designated voter registration agency in California must assign an employee to be responsible for the agency's compliance, ensure that employees involved in voter registration services are trained once a year on voter registration laws, and coordinate with county election officials on registration-related matters. ( Elec. Code, § 2406.)

California's Secretary of State is tasked with coordinating the state's responsibilities under the NVRA. ( 52 U.S.C. § 20509 ; Elec. Code, § 2402, subd. (a).) Consequently, the Secretary is responsible for ensuring that all offices that qualify as mandatory voter registration agencies are so designated and for designating any other state offices as discretionary voter registration agencies.

B. This Dispute

In 2015, ACLU, later joined by Disability Rights California (DRC) (representing Senior and Disability Action and Alice Chiu), initiated discussions with the Secretary regarding the designation of voter registration agencies in the state. Additional state offices were designated voter registration agencies following those efforts.

In June 2018, ACLU and DRC renewed their request to the Secretary to make all mandatory voter registration agency designations required under the NVRA. They identified 10 programs subject to mandatory designation and also requested mandatory designations extend to private entities under contract with a designated agency. In response, the Secretary committed to designating three additional offices as voter registration agencies: programs for students with disabilities in state community colleges, certain county welfare departments, and the Office of Services to the Blind in the Department of Social Services. The Secretary did not agree to the remaining requests.

In July 2018, Appellants filed a petition for writ of mandate and complaint for declaratory and injunctive relief seeking to compel the Secretary to make additional mandatory designations. The petition alleged three entities—state offices that administer General Assistance or General Relief programs, California Student Aid Commission Financial Aid Programs, and California Department of Education Nutrition Programs—must be designated under the mandatory designation provision for offices providing "public assistance" in Section 20506(a)(2). The petition also alleged two offices—LEA special education offices and "Area Agencies on Aging and other offices under contract to provide services or benefits on behalf of the California Department of Aging"—must be designated under the mandatory designation provision for offices providing services to persons with disabilities under Section 20506(a)(3)(B). Lastly, the petition sought the designation of all private entities under contract to provide services or assistance on behalf of existing voter registration agencies.

In December 2018, Appellants moved for a peremptory writ of mandate pursuant to two causes of action they asserted under Code of Civil Procedure section 1085. They requested the court direct the Secretary to make the six mandatory voter registration agency designations set forth in their petition.

Following a hearing, the trial court issued an order granting in part and denying in part the motion. The court found the Secretary had a mandatory duty to designate as voter registration agencies state offices that administer General Assistance or General Relief programs and California Student Aid Commission Financial Aid Programs, as well as all private entities under contract to provide services on behalf of a voter registration agency. For these entities, the court issued a peremptory writ of mandate directing the Secretary's designation. As to the offices that administer the California Department of Education Nutrition Programs, LEA special education offices, and Area Agencies on Aging, the court found no mandatory duty existed and denied the motion.

Weeks later, the Secretary confirmed he had made the designations ordered by the court. The court entered judgment in October 2019, and this appeal followed.

DISCUSSION

A. Principles Governing Writs of Mandate and Standard of Review

Code of Civil Procedure section 1085, subdivision (a), provides: "A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station." ( Code Civ. Proc., § 1085, subd. (a).) " ‘Generally, a writ of ordinary mandate will lie when (1) there is no plain, speedy and adequate alternative remedy, (2) the public official has a legal and usually ministerial duty to perform and (3) the petitioner has a clear and beneficial right to performance.’ [Citation.] ‘A ministerial duty is one that is required to be performed in a prescribed manner under the mandate of legal authority without the exercise of discretion or judgment.’ [Citation.] [¶] ‘ "Thus, [w]here a statute or ordinance clearly defines the specific duties or course of conduct that a governing body must take, that course of conduct becomes mandatory and eliminates any element of discretion.’ " ’ [Citation.] ‘Mandamus has long been recognized as the appropriate means by which to challenge a government official's refusal to implement a duly enacted legislative measure.’ " ( Cape Concord Homeowners Assn. v. City of Escondido (2017) 7 Cal.App.5th 180, 189–190, 212 Cal.Rptr.3d 490 ( Cape Concord ).)

" ‘When reviewing a trial court's judgment on a petition for ordinary mandate, we apply the substantial evidence test to the trial court's findings of fact and exercise our independent judgment on legal issues, such as the interpretation of statutory ... requirements.’ " ( Cape Concord , supra , 7 Cal.App.5th at pp. 189–190, 212 Cal.Rptr.3d 490.)

B. Mandatory and Discretionary Designations under the NVRA

The parties do not dispute that Section 20506(a)(2)(B) imposes upon the Secretary a mandatory duty to designate as voter registration agencies "all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities." ( 52 U.S.C. § 20506(a)(2)(B).) These offices...