Legal & Policy Criteria Governing Establishment of Districts

Transcription

1 Legal & Policy Criteria Governing Establishment of Districts A Presentation by: Sean Welch Nielsen Merksamer Parrinello Gross & Leoni, LLP to the City of Martinez January 10, 2018 City of Martinez Establishment of Electoral Districts 1

2 Process for Changing Electoral System to Adopt District Elections City of Martinez Establishment of Electoral Districts 2

3 California Elec. Code If a jurisdiction receives a demand letter alleging a violation of the California Voting Rights Act, the jurisdiction has 45 days to decide whether to adopt a resolution of intention to move to district-based voting, during which the would-be plaintiff cannot file suit. If it adopts such a resolution, would-be plaintiffs cannot file suit for an additional 90 days. Letter received: October 24, 2017 Resolution of Intention adopted: December 6, 2017 The Elections Code requires that at least five public hearings be held during the 90 days: Two initial hearings, no more than 30 days apart, to receive public input. These hearings must take place before any draft maps are drawn. Two additional informational hearings to receive public input on proposed maps. Must take place within a period of 45 days, and cannot commence until draft maps have been published for at least seven days. A final hearing, after which the jurisdiction can vote to adopt a map. If a map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. City of Martinez Establishment of Electoral Districts 3

4 Process: Adopted Timeline Activity Timing First Public Hearing on Composition of Districts no maps December 20, 2017 Second Public Hearing on Composition of Districts no maps (w/in 30 days of first) January 10, 2018 Draft Maps and Election Rotation Published (at least 7 days prior to next round of public hearings) January 17, 2018 Deadline for submission of maps by members of the public: January 17, 2018 First Public Hearing on Proposed Maps January 24, 2018 Second Public Hearing on Proposed Maps (w/in 45 days of first) February 7, 2018 Final Public Hearing and Consideration of Ordinance to Adopt Map February 21, 2018 End of 90-day Litigation Hold March 6, 2018 Implement Adopted Districts November 2018/2020 City of Martinez Establishment of Electoral Districts 4

5 Process: Election Rotation To be proposed in connection with maps and set by final ordinance. Rotates in over two election cycles. No councilmember s term cut short (see Elec. Code 22000(e)), but When his or her term ends, an incumbent can only run from the new district in which he or she resides, assuming it is up for election City of Martinez Establishment of Electoral Districts 5

6 Legal Considerations Governing Districting City of Martinez Establishment of Electoral Districts 6

7 Drawing the Lines Legal Considerations: Population Equality Overriding criterion is total population equality (see Reynolds v. Sims, 377 U.S. 533 (1964); Elec. Code 22000). 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 Martinez Population (2010 Census): 35,824 Ideal in 5-0 Plan: 7,165; Ideal in 4-1 Plan: 8,956 Redistricting in City of Martinez Establishment of Electoral Districts 7

8 Drawing the Lines Legal Considerations: Federal VRA Section 2 of the federal Voting Rights Act prohibits electoral systems (including district plans), which dilute racial and language minority voting rights by denying them an equal opportunity to nominate and elect candidates of their choice. Language minorities are specifically defined in federal law: to mean persons of American Indian, Asian American, Alaskan Natives or Spanish heritage. CVRA expressly adopts the definition of language minority. Creation of minority districts required only if the minority group can form the majority in a single member district that otherwise complies with the law. Bartlett v. Strickland, 556 U.S. 1 (2009). California Voting Rights Act is silent with respect to the shape of electoral districts, so long as they are used. City of Martinez Establishment of Electoral Districts 8

9 Voting Rights Act: Cracking District 1 Minority Voters Minority Voters District 4 District 2 District 3 City of Martinez Establishment of Electoral Districts 9

10 Voting Rights Act: Packing District 1 District 4 Minority Voters Minority Voters District 2 District 3 City of Martinez Establishment of Electoral Districts 10

11 Drawing the Lines Legal Considerations: No Gerrymandering The Fourteenth Amendment restricts 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). Looks matter! Bizarrely shaped electoral districts can be evidence that racial considerations predominate. (See next slide, NC CD 12 stretched 160 miles across the central part of the State, for part of its length no wider than the freeway right-of-way.) But bizarre shape is not required for racial considerations to predominate. Fourteenth Amendment does not, however, prohibit all consideration of race in redistricting. Easley v. Cromartie, 532 U.S. 234 (2001). Focus on communities of interest. City of Martinez Establishment of Electoral Districts 11

12 Drawing the Lines Legal Considerations: No Gerrymandering City of Martinez Establishment of Electoral Districts 12

13 Legal Considerations: Other Permissible Criteria Topography. Geography. Cohesiveness, contiguity, compactness and integrity of territory. Communities of interest. See Elec. Code City of Martinez Establishment of Electoral Districts 13

14 Legal Considerations: Other Criteria Approved by Courts Preventing head-to-head contests between incumbents, to the extent reasonably possible. Respecting the boundaries of political subdivisions (e.g., school attendance areas, city boundaries, etc.). Use of whole census geography (e.g., census blocks). Other non-discriminatory, evenly applied criteria (e.g., location of school facilities, planned development). Political considerations are inevitable. City of Martinez Establishment of Electoral Districts 14

15 Communities of Interest 1 st Question: what is your community of interest? A Community of Interest is generally defined as a neighborhood or community of shared interests, views, problems, or characteristics. Possible community feature/boundary definitions include: School attendance areas Natural neighborhood dividing lines, such as highway or major roads, rivers, canals, and/or hills Areas around parks and other neighborhood landmarks Common issues, neighborhood activities, or legislative/election concerns Shared demographic characteristics Such as similar levels of income, education, or linguistic isolation 2 nd Question: Does a Community of Interest want to be united in one district, or to be divided to have a voice in multiple elections? City of Martinez Establishment of Electoral Districts 15

16 Number of Districts Martinez currently has 4 Council Members and a separately elected Mayor Martinez voters, in 1976, approved the position of a separately elected Mayor In 1990, Martinez voters affirmed the position of a separately elected Mayor as a 4-year term City of Martinez Establishment of Electoral Districts 16

17 Number of Districts (cont.) In the only case tried to judgment under the CVRA, Jauregui v. City of Palmdale, 226 Cal. App. 4th 781 (2013), the trial court found the city was liable, but ruled it could retain a separately elected mayor, despite demand by plaintiffs that the atlarge office be eliminated. AB 278 (effective January 1, 2017) Cal. Govt. Code 34886: Notwithstanding Section or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). City of Martinez Establishment of Electoral Districts 17

18 January 10, 2018 City of Martinez 2018 Districting

19 19 Demographic Summary Ethnic data is primary data for Voting Rights review, especially CVAP: Citizen Voting Age Population. Total population data (from 2010 Census) determines the target population of each district. Socio-economic data are used to identify communities of interest. January 10, 2018 Race/Ethnic Profile Count Percent ACS Profile Count Percent Total Population 35,824 ACS Total Population 36,445 2% Latino 5,258 15% Age ,864 22% NH White 24,604 69% Age ,773 57% NH Black/African-American 1,456 4% Age 60+ 7,808 21% NH Native American 486 1% NH Asian-American 3,462 10% Immigrant 4,502 12% NH Pacific Islander 152 0% Naturalized (pct of total immigrants) 2,585 57% NH Other 92 0% Age 5+ 34,742 NH Multi-Race 314 1% Speak English at home 28,815 83% Voting Age Population total 28,495 Speak Spanish at home 2,826 8% VAP Latino 3,654 13% Speak an Asian language at home 1,545 4% VAP NH White 20,446 72% Speak other language at home 1,555 4% VAP NH Black/African-American 1,069 4% Speak English only "well" or less 2,022 6% VAP NH Native American 380 1% Age ,645 VAP NH Asian-American 2,585 9% Age 25+, no HS degree 1,905 7% VAP NH Pacific Islander 108 0% Age 25+, HS degree (only) 14,913 56% VAP NH Other 65 0% Age 25+, bachelor degree (only) 6,697 25% VAP NH Multi-Race 188 1% Age 25+, graduate degree (only) 3,131 12% Citizen VAP total 27,988 Households 14,410 CVAP Latino 3,597 13% Child under 18 in Household 3,736 26% CVAP NH White 20,627 74% Income $0-25k 1,882 13% CVAP NH African-American 950 3% Income $25-50k 2,258 16% CVAP NH Asian & Pacific Islander 2,380 9% Income $50-75k 2,266 16% CVAP Other 433 2% Income $75-200k 6,741 47% Voter Registration (Nov. 2014) 21,249 Income $200k+ 1,263 9% Latino Reg 2,370 11% Housing units 15,027 Asian-Surnamed Reg % Single-Family 11,940 79% Filipino-Surnamed Reg % Multi-Family 3,088 21% Est. NH White Reg. 17,006 80% Vacant 617 4% Est. African-Amer. Reg 599 3% Occupied 14,410 96% Democratic Reg. 10,305 48% Rented 5,064 35% Republican Reg. 5,084 24% Owned 9,346 65% Other/No Party Reg. 5,860 28% Voters Casting Ballots (Nov. 2014) 10,945 52% Voters Casting Ballots (Nov. 2012) 17,619 80% Latino voters 978 9% Latino voters 1,810 10% Asian-Surnamed voters 330 3% Asian-Surnamed voters 538 3% Filipino-Surnamed voters 161 1% Filipino-Surnamed voters 285 2% Est. NH White voters 9,058 83% Est. NH White voters 14,484 82% Est. African-Amer. Reg 318 3% Est. African-Amer. Reg 495 3% Democratic voters 5,677 52% Republican voters 2,954 27% Other/No Party voters 2,315 21%

20 20 Asian-American CVAP Some Asian-American concentration in the center of the City, around Kaiser, Highway 4 and Morello Avenue. January 10, 2018

21 21 Latino CVAP Some Latino concentration downtown and around Alhambra High School. (Red Census Block in southeast contains only 4 residents.) January 10, 2018

22 Sample Compact Maps 22 Compton Glendale Unified January 10, 2018

23 Sample Multiple-Representative Maps 23 Pasadena Colorado Blvd. Central Unified January 10, 2018

24 Public Hearing & Discussion 24 Next Steps: 1. Open the public hearing to solicit further input on boundaries and communities of interest. Key considerations: What are other communities of interest in the City that should be considered when drafting maps? Do you prefer your neighborhood be kept together in one district or have multiple representatives? 2. Provide direction on criteria to be used in drawing boundaries; and 3. Provide input on communities of interest and options to be considered in drawing boundaries. January 10, 2018

25 Districting Criteria 25 Federal Laws Traditional Criteria Equal Population Federal Voting Rights Act No Racial Gerrymandering Communities of interest Compact Contiguous Visible (Natural & man-made) boundaries Respect for voters wishes and continuity in office Future population growth January 10, 2018