California must protect voting rights from the Supreme Court

By Matt Barreto, especially for CalMatters

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The affirmative vote is not specified anywhere in the Constitution. This omission has resulted in states disenfranchising women and non-whites for most of our history.

After the inclusion of women in 1920, the most important democratic expansion was the Voting Rights Act of 1965 and amendments in 1975 and 1982 to guarantee all Americans equal voting rights.

In 2013, the Supreme Court eviscerated section 4b of the Voting Rights Act, ending basic protections. Then in 2021 limited section 2 of the act. Now in 2026 the court will decide Louisiana vs. Calaisto determine whether federal protections for majority-minority districts can continue.

If the court strikes down key elements of the Voting Rights Act, it would have devastating consequences for voting rights in California.

As the most diverse state in the country, California has the most precincts protected by the Voting Rights Act of any state. From Congress to the state legislature, to county commissions and local school boards, districts that legally give Latino, black, Asian and white California voters the opportunity to elect candidates from their communities may suddenly come under fire and be eliminated.

However, the state of California can take matters into its own hands. Although the U.S. Constitution does not guarantee the right to vote, Article 1, Section 4 prescribes “The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature of the respective.” Thus, the ultimate controlling authority over voting rights is none other than the California State Legislature.

Earlier this month, a a state study by the UC Berkeley Institute for Governmental Studies reported that two-thirds of Californians believe democracy is under attack and want the state legislature to pass a revamped California Voting Rights Act.

California should act now and enshrine full voting protections in state law, not wait and see what the Supreme Court does with the federal Voting Rights Act.

California was the first state to pass its own Voting Rights Act, signed into law in 2002, which was announced by the ACLU as “one of the state’s most significant civil rights laws and a powerful tool to combat vote dilution.” Today, however, many of these protections have become obsolete amid new, tough court rulings and federal crackdowns on voting rights.

In the past 10 years, many other states — from Washington to New York to Minnesota — have passed their own robust voting rights laws. California can do the same, setting an example to the nation of how to protect the voting rights of all people, regardless of party registration, race, ethnicity, or place of birth.

President Donald Trump has already issued executive orders attempt to limit the right to voteto limit postal voting and raise new barriers to registration and voting. He has called Republicans to nationalize elections and take over the ballot in 15 states. He has confiscated ballots in Georgia and Arizona, and his followers — including Riverside Sheriff Chad Bianco — are seized ballots in California.

In response to Trump’s actions, Gov. Gavin Newsom, Senate Pro Tem Monique Lemon and chairman of the assembly Robert Rivas said in joint statement“We will not stand by while he sows mistrust and tries to undermine the fundamental right to vote…United across the branches of government, we will work together to protect our free and fair elections this November.”

California voters don’t want to see our elected leaders sidelined, according to a Berkeley poll. When asked about the state of democracy, only 9% of Californians said democracy was not in dangerwhile 67% believe it is being attacked and another 23% believe it is being tested.

That’s why the California Partnership for Democracy—a group of labor leaders, civil rights, community organizations, and racial justice organizations—supports California Voting Rights Act of 2026. It will stop discriminatory practices, challenge voter suppression, address vote dilution and give voters the power to fight back.

California voters need legislative leaders and the governor to turn their words to protect free and fair elections into action.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.