Monterey County is one of four California counties subject to US Department of Justice oversight of elections under the 1965 Voting Rights Act, due to historic discrimination against Spanish speakers in the Salinas Valley. That means any change to elections here in Monterey County must be signed off by the DOJ, which has 60 days to review such changes.

But because of the dates chosen for the special election here in the 15th State Senate district – June 22 for the first round, August 17 for the second round – the county couldn’t have submitted the paperwork to the DOJ for the 60-day review and still make the June 22 election date. Because of that, and because of the possibility that the special election would disenfranchise voters in Monterey County because of reduced resources at local election offices, 3 Latino residents of Monterey County are suing to challenge the election dates in federal court:

The suit will ask the court to issue a temporary restraining order to stop the county from preparing to hold the election until it gets pre-clearance from the Justice Department.

Of course, by that point it could be too late for the county to put on the special election. And by paralyzing one county’s election-holding capabilities, the suit would effectively put a district-wide hold on the contest.

If the request is granted, possible scenarios include Gov. Arnold Schwarzenegger calling a new, later election date that would comply with the pre-clearance requirements or the county petitioning the court to step in and set a new date.

Seattle University School of Law professor Joaquin Avila, former general counsel for the Mexican American Legal Defense and Educational Fund, and the San Francisco firm Rosen, Bien & Galvan have filed the suit on behalf of three Latino registered voters in the district. Legal fees are being covered by the state Democratic Party.

The suit counters Arnold’s naked ploy to not only screw the five counties in the district out of $6.5 million they don’t have, but his ploy to drive down turnout and reduce voter participation in elections. Although virtually every other special election that could be consolidated with a statewide election was indeed consolidated – including the runoff for the SD-37 seat that was folded in with the June 8 primary this year – Arnold made an exception here, for reasons known only to himself.

Regardless of the fate of the suit, it’s clear that the laws regarding special elections need to change. Either give the power to call these elections to the Secretary of State, or mandate that these special elections be consolidated with a previously scheduled election whenever possible.

UPDATE: Read the complaint here, via the SacBee.