加州投票权法案. California Voting Rights Act. Case History Examples. City Council Election System Changes. Overview. CVRA Legal Precedent

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Erica Bates
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City Council Election System Changes California Voting Rights Act Ley de Derechos de Votación de California 加州投票权法案 क ल फ र न य व ट ग र इट स एक ट Overview The California Voting Rights Act (CVRA) was

Prohibits at-large elections that impair the ability of a protected class to elect candidates of its choice. Provides for a safe harbor which allows district-based election systems as the remedy.

1 City Council Election System Changes California Voting Rights Act Ley de Derechos de Votación de California 加州投票权法案 क ल फ र न य व ट ग र इट स एक ट Overview The California Voting Rights Act (CVRA) was adopted in 2002 (California Elections Code 4025 et. seq.) and: Prohibits voting practices that dilute the votes of racial minorities. Prohibits at-large elections that impair the ability of a protected class to elect candidates of its choice. Provides for a safe harbor which allows district-based election systems as the remedy. Since 2002, at least 60 Cities have changed from at-large to district-based election systems. CVRA Legal Precedent Some cities have chosen to fight CVRA legal challenges to their at-large voting systems, but to-date all court cases have either been settled or decided in favor of the plaintiff. During litigation, a plaintiff need only prove the existence of racially polarized voting A court may determine a CVRA violation regardless of whether: The protected class forms the majority of eligible voters There is no proof of intent to discriminate There is no history of discrimination Racially Polarized Voting Per the federal Voting Rights Act, racially polarized voting exists when the electoral choices that are preferred by voters in a protected class and the electoral choices that are preferred by voters in the electorate at-large differ. City legal defense costs could range from $-2 million. In previous CVRA cases, plaintiffs have been awarded between $.2 and $4.5 million in attorneys fees. Case History Examples City of Modesto (2006) Settled in litigation and switched to districtbased elections City of Palmdale (204) Lost in trial court and was forced into district-based elections formed by the plaintiffs City of Santa Monica (208) Lost in trial court and established districtbased elections in remedies phase; the City is appealing the decision City of Santa Clara (208) Lost in trial court and was court ordered to immediately switch to district-based elections; the City is appealing the decision

City Council Election System Changes 2 Changing Our Council Election System Cambiando Nuestro Sistema Electoral del Consejo Municipal 改变我们议会的选举制度 हम र पर षद च न व प रण ल क पर वर तन Existing Council

2 City Council Election System Changes 2 Changing Our Council Election System Cambiando Nuestro Sistema Electoral del Consejo Municipal 改变我们议会的选举制度 हम र पर षद च न व प रण ल क पर वर तन Existing Council Election System Per City of Sunnyvale Charter Section 60, all 7 numbered City Council seats must be elected at-large on a citywide basis. Staggered Council elections are held in Council Term = 4 Years even-numbered years, with either 3 or 4 seats open depending on the year. Process to Amend Charter Majority = 5 % Because Sunnyvale is a Charter City, switching to district-based elections will require a majority vote of the Sunnyvale electorate. State Assembly Bill (AB) 2220 allows a switch to district-based elections by ordinance without a vote of the electorate, but this approach has some risks: AB 2220 does not explicitly address charter cities. This method of amending city charters has not been tested in court. Moreover, AB 2220 notes that if the charter of a charter city contains provisions that contradict this bill, the charter would take precedence. Timing of Potential Charter Amendment In October 209, the City received a notice letter alleging CVRA violations, the required prerequisite to filing a CVRA lawsuit. There are two possible dates for putting a district-based election charter amendment on the ballot: March If voters approve the Charter amendment, City Councilmembers would be elected by-district in November OR November If the Charter amendment passes in November 2020, City Councilmembers would be elected by-district in November The potential plaintiffs have a stated preference for voters to consider a Charter amendment in March 2020 and, if approved, district-based Council elections in November 2020.

City Council Election System Changes Election System Options 选举制度的选项 Opción de Sistemas Electorales च न व प रण ल व कल प Creating Council Districts There are many factors to consider when creating

3 City Council Election System Changes Election System Options 选举制度的选项 Opción de Sistemas Electorales च न व प रण ल व कल प Creating Council Districts There are many factors to consider when creating council districts, but electoral district population is the primary requirement. Other factors to consider include: Communities of interest. Compactness, contiguity, integrity, and cohesiveness of a geographic area. Visible (natural and man-made) boundaries, including topography and geography. Community of Interest As defined by California law, a community of interest is, a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Future population growth. In the coming months, the City will be asking the community to define their community. Residents may decide to define their community based on shared beliefs and interests, heritage, history, and other factors. Process to Elect Mayor If the City moves to a district-based election system, Sunnyvale s mayor could be elected one of two ways: A Select mayor from within the Council. This would be the status quo. Mayor Select from City Council B Hold a separate city-wide election for mayor. This would be separate from the district-based elections for the six other Council members. Mayor City-wide Election 3

4 City Council Election System Changes 4 Other Election Systems Otros Sistemas Electorales 其他选举制度 अन य च न व प रण ल There are many types of election systems but Cumulative Voting and Ranked Choice Voting are two common systems. However, the Santa Clara County Registrar of Voters currently does not have technology to allow for either system. In addition, district-based election systems are the only method explicitly approved to remedy a CVRA violation. Cumulative Voting Ranked Choice Voting A Cumulative Voting system allows a voter to cast more than one vote, with the number of votes generally equal to the number of winners to be selected. For example, if there are three seats up for election, a voter can cast three votes. A voter can cast all three votes for a single candidate, or two for one candidate and one for a second candidate, or one vote each for each of three candidates. Scenario: 3 seats up for election A Ranked Choice Voting system is typically used in an election when only one winner will be selected and gives voters the option of choosing multiple candidates in order of preference. After ballots are counted, if no single candidate receives a majority, the candidate with the fewest top-rank votes is removed from the ballot, and the votes of voters who ranked that candidate first are apportioned to those voters second-choice candidates. This process is repeated by eliminating the candidate with the fewest top-choice votes and reapportioning votes among the remaining candidates until one candidate gets a majority. 4 voters: Each voter can cast 3 votes each (3 seats = 3 votes) Voters choose where their votes go. If there are 4 candidates, this is an example of how voters could cast their votes. Count all first choice votes 2 Votes are cast 3 Distribute eliminated candidate s votes to other candidates Voter : Votes for three different Voter 2: Votes for three different Voter 3: Casts two votes for Candidate and one vote for Candidate 2 Voter 4: Casts all three votes for Candidate 3 Did a candidate get majority votes? Yes No Eliminate candidate with fewest votes Declare winner

5 City Council Election System Changes 5 Sunnyvale Demographics 桑尼维尔 (Sunnyvale) 人口统计 Demografía de Sunnyvale सन व ल जनस ख य क (ड म ग फ क स) 206 Race/ Ethnicity of Sunnyvale Voting Age Population 206 Sunnyvale Resident Age Distribution Sunnyvale is a diverse city and its residents come from a range of ethnic backgrounds. Approximately 52 percent of eligible voters in Sunnyvale are members of a minority group. Minority groups identifying as Asian, Hispanic/ Latino, and Black comprise half of the eligible voting population, at 33 percent, 4 percent, and 3 percent, respectively. As of 206, most Sunnyvale residents were of voting age % 70 to % 60 to % 50 to 59.6 % 40 to % 30 to % 20 to % 0 to % 0% 5% 0% 5% 20% 25% City of Sunnyvale. Summary of 206 General Election. Graph source: American Community Survey data 5-year estimates. 0.4 % Pacific Islander 0.6 % Native American 0.5 % Other 206 Sunnyvale Resident Earning Distribution 33.3 % 3.9 % Hispanic/ Latino There are a range of income levels in Sunnyvale and it will be important that the outreach process reach people of all socioeconomic backgrounds. Asian 25% 20% 20.4 % 22 % 48.0 % Caucasian 5% 0% 9.6 % 2.3 % 0.9 %.4 % 3.4 % 5% 3.3 % African American 0% Less than $25,000 $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $00,000 to $49,999 $50,000 to $99,999 More than $200,000 Graph source: American Community Survey data 5-year estimates. Graph source: American Community Survey data 5-year estimates.

City Council Election System Changes 6 Outreach Process Proceso de Divulgación 社区宣传的过程 आउटर च प रक र य Project Timeline 209 Phase February February 6 and 9, 209 (2) CVRA Open Houses Educate community

on: Potential remedies in CVRA case Preferred timeline for changing to districtbased elections Preferences related to number of districts Criteria and standards for establishing district boundaries

March to April 209 (0) Pop-Up Events March to April 209 Online Engagement Early June 209 CAC Meeting #2 Late June 209 City Council Meeting July 2 Phase 2 Work with community to develop Council

6 City Council Election System Changes 6 Outreach Process Proceso de Divulgación 社区宣传的过程 आउटर च प रक र य Project Timeline 209 Phase February February 6 and 9, 209 (2) CVRA Open Houses Educate community about the project: California Voting Act Rights (CVRA) requirements Existing demographics Legal issues associated with changing to district-based elections Potential remedies in CVRA cases Seek input on: Potential remedies in CVRA case Preferred timeline for changing to districtbased elections Preferences related to number of districts Criteria and standards for establishing district boundaries Pros and cons of directly electing the mayor March April May June February 26, 209 City Council Meeting Late February or Early March 209 CAC Meeting # March to April 209 (3) Community Input Workshops March to April 209 (0) Pop-Up Events March to April 209 Online Engagement Early June 209 CAC Meeting #2 Late June 209 City Council Meeting July 2 Phase 2 Work with community to develop Council district maps for future elections July through December 209 District Map Drawing Request Council direction on preferred Council district December Citizens Advisory Committee The Citizens Advisory Committee (CAC) will help guide the outreach process with a specific focus of: Providing feedback on outreach plans Understanding and communicating potential changes to the electoral system Serving as ambassadors to encourage resident engagement The CAC will meet three to four times throughout the course of the project.

City Council Election System Changes Project. CVRA Community Input Workshop

City Council Election System Changes Project CVRA Presentation Overview» Project Overview» Small Group Exercise Method to elect the mayor Factors to consider when drawing districts» Opportunities for Public