Legal & Policy Criteria Governing Establishment of Electoral Districts

Transcription

1 Legal & Policy Criteria Governing Establishment of Electoral Districts City of Chino April 6, 2016 City of Chino Establishment of Electoral Districts 1

2 Process: Basic Overview With Goal of Nov Elections Activity Formally Resolve to Adopt Electoral Districts; Adopt Criteria and Tentative Calendar; Related Steps Timing April 6, 2016 Initial Draft Plans Made Public April 15, 2016 At Least Three Public Hearings (Elec. Code 10010) April May 2016 First Reading of Ordinance Adopting Electoral Districts May 17, 2016 Second Reading of Ordinance Adopting Electoral Districts June 7, 2016 Effective Date of Ordinance Adopting Electoral Districts NO ELECTION REQUIRED Gov. Code days after final passage Opening of Candidate Filing Period for City Council July 18, 2016 Implement Adopted Electoral Districts November 2016 City of Chino Establishment of Electoral Districts 2

3 Process: Basic Overview Other Options & Considerations 1. Utilizing available procedures to implement district elections for the 2016 City Council elections -- best option for retaining control over the districting process and avoiding CVRA litigation & the extremely high cost of litigation. 2. Other available options: a) implement the new districts for the November 2018 City Council Elections or b) place the new districting plan on the ballot for voter approval, but with significantly increased exposure to CVRA litigation. E.g. City of Highland & City of Whittier City of Chino Establishment of Electoral Districts 3

4 Process: Effect of Districting on Incumbents No council member s term must be cut short (see Gov. Code ; Elec. Code 21606(a)), but When his or her term ends, an incumbent can only run from the new district in which he or she resides. City of Chino Establishment of Electoral Districts 4

5 Drawing the Lines: Legal Considerations Overriding criterion is population equality (see Gov. Code 21601; Reynolds v. Sims, 377 U.S. 533 (1964)). Unlike congressional districts, local electoral districts do not require perfect equality some deviation acceptable to serve valid governmental interests. Total deviation less than 10% presumptively constitutional. (Caution: the presumption can be overcome!) Total City Population (2010 Census): 71,407persons Ideal Electoral District in Four-district Plan: 17,852 persons City of Chino Establishment of Electoral Districts 5

6 Legal Considerations: Voting Rights Act Section 2 of the federal Voting Rights Act prohibits electoral systems (including district plans), which dilute minority voting rights by denying minorities an equal opportunity to nominate and elect candidates of their choice. In the districting context, only requires creation of majorityminority districts. Bartlett v. Strickland, 559 U.S. 1 (2009). California Voting Rights Act is silent with respect to the shape of electoral zones, so long as they are used. City of Chino Establishment of Electoral Districts 6

7 Voting Rights Act: Cracking District 1 Minority Voters Minority Voters District 4 District 2 District 3 City of Chino Establishment of Electoral Districts 7

8 Voting Rights Act: Packing District 1 District 4 Minority Voters Minority Voters District 2 District 3 City of Chino Establishment of Electoral Districts 8

9 Legal Considerations: Gerrymandering Popular use of term: Any districting plan a candidate or office-holder does not find advantageous to him or her. Gerrymandering under this definition is NOT legally actionable. Gerrymandering prohibited by the Fourteenth Amendment is the use of race as the predominant criterion in drawing districts and the subordination of other considerations. (Shaw v. Reno, 509 U.S. 630 (1993); Miller v. Johnson, 515 U.S. 900 (1995).) Political gerrymanders can be actionable, but only if in violation of the Equal Protection Clause. See, Larios v. Cox, 300 F.Supp.2d 1320 (N.D. Ga. 2004) (three judge court), aff d, 124 S. Ct (2004) City of Chino Establishment of Electoral Districts 9

10 Legal Considerations: No Racial Gerrymandering The Fourteenth Amendment prohibits using race as the predominant criterion in drawing districts and the subordination of other considerations. Shaw v. Reno, 509 U.S. 630 (1993); Miller v. Johnson, 515 U.S. 900 (1995). It does not, however, prohibit all consideration of race in redistricting. Easley v. Cromartie, 532 U.S. 234 (2001). Looks matter! Bizarrely shaped Electoral Districts can be evidence that racial considerations predominate. Focus on communities of interest. City of Chino Establishment of Electoral Districts 10

11 Legal Considerations: No Racial Gerrymandering: NC CD 12 (1992) City of Chino Establishment of Electoral Districts 11

12 Topography. Geography. Legal Considerations: Other Permissible Criteria Cohesiveness, contiguity, compactness and integrity of territory. Communities of interest. (See Elec. Code 21601) City of Chino Establishment of Electoral Districts 12

13 Legal Considerations: Other Criteria Approved by Courts Some other legitimate criteria include: Preventing head-to-head contests between incumbents, to the extent reasonably possible. Respecting the boundaries of political subdivisions (e.g., district boundaries, etc.). Use of whole census geography (e.g., census blocks). Other non-discriminatory, evenly applied criteria (e.g. location of public facilities, planned development, allocation of commercial areas) City of Chino Establishment of Electoral Districts 13

14 Legal Considerations: Political Considerations Are Inevitable and Proper Because, as a practical matter, the reapportionment process involves give and take in resolving conflicts among the various standards and in considering the concerns, desires, and objections of numerous interested persons and groups, a result which may appear ideal for one place or another must be subordinated to the goal of fair and reasonable reapportionment of the whole state (Legislature v. Reinecke, supra, 10 Cal.3d at p. 403.) Therefore, courts must approve a reapportionment plan if it appears to reflect a reasonable application of the standards, even though alternatives may appear equally reasonable. (Legislature v. Reinecke, supra, 10 Cal.3d at p. 403; see also, Wilson v. Eu, supra, 1 Cal.4th at p. 720, 4 Cal.Rptr.2d 379, 823 P.2d 545.) (Nadler v. Schwarzenegger, 137 Cal.App.4 th 1327 (2006).) City of Chino Establishment of Electoral Districts 14

15 Final Thoughts Make a contemporaneous record to support the district boundaries adopted by the City Council the CVRA does not apply, but federal law does. No evidence of racially polarized voting in the City, but such evidence is not a prerequisite to changing the City s electoral system. City of Chino Establishment of Electoral Districts 15

16 Legal & Policy Criteria Governing Establishment of Electoral Districts City of Chino April 6, 2016 City of Chino Establishment of Electoral Districts 16