Election Law

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, check lists 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 lawyers 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 lawyers 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.