4/23/2018. CCAC Annual Conference April 19, a.m. 12 p.m. Break w/ Exhibitors 10 a.m. 10:30 a.m.

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1 CALIFORNIA VOTING RIGHTS ACT TRANSITIONING FROM AT LARGE TO BY DISTRICT ELECTIONS: A PRACTICAL GUIDE FOR CITY CLERKS SPEAKERS DOUG JOHNSON, PRINCIPAL, NATIONAL DEMOGRAPHICS CORP. SHALICE TILTON, MMC, NDC SR. CONSULTANT CCAC Annual Conference April 19, a.m. 12 p.m. Break w/ Exhibitors 10 a.m. 10:30 a.m. Government of Cities Government Code The government of a general law city is vested in: (a) A city council of at least five members. (b) A city clerk. (c) A city treasurer. (d) A chief of police. (e) A fire chief. (f) Any subordinate officers or employees provided by law. 1

2 What is the California Voting Rights Act (CVRA)? 2

3 Enacted in 2002 (S.B. 976) - Governor Davis Took effect January 1, 2003 Elections Code to Based on Federal Voting Rights Act of 1965 The CVRA prohibits the use of an at-large election system if racially polarized voting and the at-large election system combine to either impair the ability of protected class voters to elect candidates of their choice or impair their ability to influence the outcome of an election. (Elections Code 14027) At-Large election system is where voters of the entire city elect all members to the city council. From District election system is where each council member is elected by voters from the entire city, but the city is divided into districts and each council member must reside within a particular district. By District election system is where a city is divided into districts and one council member is elected by only the registered voters in that particular district. 3

4 Cities in various shades of blue were driven into by-district elections by CVRA. What cities have been challenged? 4

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6 120 Cities by Population Latino % of Population by Category What is Polarized Voting? Racially Polarized Voting: Voting where there is a difference in the choice of candidates, or other electoral issues, preferred by voters in a protected class and the choice of candidates, or other electoral issues, preferred by voters in the rest of the electorate < 10, , , , , , ,000+ At Large From-District/Mixed <15% 15-25% 25-35% 35-50% 50-65% 65%+ At From-District/Mixed Pre-CVRA CVRA Change Challenged Large (Elections Code 14026; 42 U.S.C et seq.) 6

7 Regression Analysis Methodology Tools for Measuring Voter Preferences Homogeneous Precinct Analysis Overwhelmingly-protected class and near-zero protected class precincts Ecological Regression Statistical regression analysis comparing precinct by precinct election results relative to the percentage of each precinct comprised of each protected class Surveys and Exit Polls Useful but surveys are flawed and exit polls are expensive 1. On a scattergram, plot dots for each precinct according to the precinct demographics and the percentage of the vote for a given candidate. 2. Find the line that best matches the pattern of the dots. 3. Extend the line to a theoretical precinct made up of 100% of that ethnic group s voters the point where the regression line intercepts the 100% vertical is the estimated vote of that ethnic group for a given candidate. 4. Review the related confidence interval. 5. Repeat for each candidate and each ethnic group. 7

8 Recent Legislation and The Timeline AB 2220 EFFECTIVE 1/1/2017 Any general law city and any charter city whose charter is silent on the election system, regardless of population, may voluntarily switch from an at-large election system to district election system via the ordinance process without voter approval Government Code AB 350 EFFECTIVE 1/1/2017 Limited safe-harbor provisions for cities voluntarily switching from at-large to district election system (45 Days + 90 Days) Public hearings / publications both before and after drawing preliminary map(s) of district boundaries Establishes $30,000 cap and procedures for reimbursement to first of prospective plaintiff whose notice prompted change Elections Code

9 AB 278 EFFECTIVE 1/1/2017 Repeals 100,000 population limitation for ordinances Repeals requirement for boundary map inclusion for voters (if applicable) Note: Both AB 278 and AB 350 also have hearing, sequencing and timing requirements. Government Code THE TIMELINE Letter Received: May 1, Day Deadline (Resolution on Intention): June 15, Day Deadline (Adoption of Ordinance): September 11, 2018 No. Task Date / Timeline Notes 1 May 9, 2018 Closed Session 2 Council Meeting Initial Consideration of Topic May 23, 2018 Item to Introduce Topic, Seek Council Direction on How to Proceed 3 Council Meeting to Adopt Resolution / Public June 13, 2018 Before Map(s) Drawn E.C (a)(1) Hearing #1 4 Council Meeting / Public Hearing #2 June 27, 2018 Before Map(s) Drawn E.C (a)(1), within 30 days of Public Hearing #1 5 Draft Map(s) Drawn June 28 July 10, Publish Draft Map(s) and Sequencing July 15, 2018 E.C (a)(2), Published Once at Least 7 Days Prior to Public Hearing #3 7 Council Meeting / Public Hearing #3 July 25, 2018 After Map(s) and Sequencing Published E.C (a)(2), More than 7 Days After Draft Map(s) and Sequencing Publication 8 Council Meeting / Public Hearing #4 August 8, 2018 After Map(s) and Sequencing Published E.C. Introduction / First Reading of Ordinance 10010(a)(2), within 45 days of Public Hearing #3 9 Council Meeting Second Reading of Ordinance August 22, Ordinance Effective 30 Days After Adoption September 22, Council Members Transition to Representing Their November 2020 Respective Districts via Ordinance November

10 NDC s Three E s Engage Educate Empower 29 Empowering Residents Visit DrawLodi.org for information about the project and mapdrawing tools: Paper-based map-drawing tools Interactive Map Viewer to zoom in and out on the Population Unit boundaries. Draft maps will appear as layer options on this same map. Online map-drawing tool The paper-based tools are also available at City Hall. Submit your map at City Hall or by sending it to Lodi@NDCresearch.com January 17, Interactive Map Viewer January 17,

11 Traditional Districting Criteria Defining Communities of Interest 32 Federal Laws Equal Population Federal Voting Rights Act No Racial Gerrymandering Traditional Criteria Communities of interest Compact Contiguous Visible (Natural & man-made) boundaries Respect for voters wishes and continuity in office Future population growth 33 1 st Question: what is your neighborhood or 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? 31 Online map-drawing tool January 17, 2018 January 17, 2018 January 17,

12 Sample Compact Maps Sample Multiple-Representative Maps Compton Glendale Unified Pasadena What to expect from the process? Colorado Blvd. Central Unified December 19, 2017 December 19,

13 37 Demographic Summary Race/Ethnic Profile Count Percent ACS Profile Count Percent Total Population 62,134 ACS Total Population 63,434 2% Latino 22,613 36% Age ,883 30% NH White 33,194 53% Age ,021 50% NH Black/African-American 533 1% Age ,530 20% NH Native American 637 1% NH Asian-American 4,629 7% Immigrant 12,200 19% NH Pacific Islander 140 0% Naturalized (pct of total immigrants) 5,252 43% NH Other 127 0% Age 5+ 58,954 NH Multi-Race 261 0% Speak English at home 38,673 66% Voting Age Population total 44,852 Speak Spanish at home 14,879 25% VAP Latino 13,530 30% Speak an Asian language at home 1,566 3% VAP NH White 26,909 60% Speak other language at home 3,837 7% VAP NH Black/African-American 329 1% Speak English only "well" or less 9,717 16% VAP NH Native American 483 1% Age ,910 VAP NH Asian-American 3,239 7% Age 25+, no HS degree 7,813 20% VAP NH Pacific Islander 108 0% Age 25+, HS degree (only) 24,546 62% VAP NH Other 88 0% Age 25+, bachelor degree (only) 4,944 12% VAP NH Multi-Race 166 0% Age 25+, graduate degree (only) 2,607 7% Ethnic data is primary data Citizen VAP total 40,003 Households 22,349 CVAP Latino 8,447 21% Child under 18 in Household 7,792 35% for Voting Rights review, CVAP NH White 27,343 68% Income $0-25k 5,633 25% especially CVAP: Citizen CVAP NH African-American 517 1% Income $25-50k 5,750 26% CVAP NH Asian & Pacific Islander 3,306 8% Income $50-75k 4,264 19% Voting Age Population. CVAP Other 390 1% Income $75-200k 5,963 27% Voter Registration (Nov. 2014) 28,393 Income $200k % Latino Reg 5,594 20% Housing units 23,875 Total population data (from Asian-Surnamed Reg. 1,286 5% Single-Family 17,573 74% 2010 Census) determines the Filipino-Surnamed Reg % Multi-Family 6,302 26% Est. NH White Reg. 19,468 69% Vacant 1,526 6% target population of each Est. African-Amer. Reg 261 1% Occupied 22,349 94% Democratic Reg. 8,640 30% Rented 10,176 46% district. Republican Reg. 13,650 48% Owned 12,173 54% Other/No Party Reg. 6,103 21% Voters Casting Ballots (Nov. 2014) 13,581 48% Voters Casting Ballots (Nov. 2012) 20,424 73% Socio-economic data are used Latino voters 1,650 12% Latino voters 3,058 15% to identify communities of Asian-Surnamed voters 499 4% Asian-Surnamed voters 801 4% Filipino-Surnamed voters 102 1% Filipino-Surnamed voters 163 1% interest. Est. NH White voters 10,402 77% Est. NH White voters 15,004 73% Est. African-Amer. Reg 135 1% Est. African-Amer. Reg 186 1% Democratic voters 4,202 31% Republican voters 7,285 54% January 17, 2018 Other/No Party voters 2,095 15% 38 Latino Eligible Voter (CVAP) Concentrations Mainly concentrated along Central Avenue north of Kettleman Lane. (Red Census Block in west contains only 2 residents.) January 17, 2018 Non-contiguous City territory (water treatment facility) to the southwest is left off the map because the area contains only 1 resident, according to the Census. What happens after the Council adopts a map? 13

14 Questions & Answers 14

15 CITY CLERK DASHBOARD Compiled by Shalice Tilton, MMC April 2017 Statute Why? How? The Brown Act Government Code (Access to information law regarding open meetings & open deliberations) Government Code et seq. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so they may retain control over the instruments they have created. Post agendas 72 hours advance with adequate description. Defines meeting as a majority discussion. Meetings open, limited exceptions. Material immediately available. The California Public Records Act Government Code (Access to information law regarding government business records) Government Code 6250 et seq. The public must have access to information that enables them to monitor the functioning of their government. Provides a right to inspect and get copies of public records. Determine if records exist within 10 days; or extend by 14 days. Determination letter includes 1) such records do (or do not) exist; 2) certain records exempt; 3) estimated date of production. Political Reform Act Government Code (Access to information law regarding financial interests of officials) Government Code et seq. CCR et seq. Government should serve citizens equally without regard to wealth; contributors shall not gain disproportionate influence over others. The theory is that an informed electorate will vote against a candidate having financial alliances adverse to the public interest. Officials, officeholders, & candidates disclose economic interests and $470 gift limit (Form 700) Officeholders & candidates disclose contributions & expenditures. Lobbyists disclose activity expenses and a $10 gift limit. Fair Political Practices Commission An agency established under the Political Reform Act (Access to information law regarding financial interests of officials) Government Code et seq. CCR et seq. The FPPC is an agency established under the Political Reform Act (Government Code) The FPPC has responsibility for the impartial, effective administration and implementation of the Political Reform Act. The FPPC creates regulations, manuals, and forms to implement the Act. Conflicts of Interest Government Code (Safeguard law - protects against personal financial gain for officials) Government Code 1090 Government Code Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests. No public official shall participate in or attempt to use his official position to influence a governmental decision for which the official has a personal financial interest. If an official has a conflict: publicly identify the interest and leave the room. Includes interactions outside formal meetings. Gov. Code 1090 applies to contracts (includes purchase orders): Recuse is not an option--if an elected official has a conflict, the entire agency has a conflict. The Maddy Act Local Appointments List Government Code (Access to information law regarding board and commission vacancies) Government Code A vast and largely untapped reservoir of talent exists among the citizenry, and rich and varied segments of this great human resource are, all too frequently, not aware of the many opportunities which exist to participate in and serve on local regulatory and advisory boards, commissions, and committees i Requires public notices so citizens have equal access to specific and current information about boards, commissions, and committees and equal opportunity to be informed of vacancies. shalice.tilton@gmail.com

16 CITY CLERK DASHBOARD Compiled by Shalice Tilton, MMC April 2017 Statute Why? How? Election Law Elections Code (Safeguard law protects individual rights to a participatory government) Government Code & Elections Code 1301, 9200 et seq. and et. seq. US Constitution: The right of citizens of the United States to vote shall not be denied or abridged. Provides procedures for: Nominations and ballot materials. Initiative enact an ordinance through a vote of the people. Referendum repeal an ordinance. Recall remove an elective officer. Canvass of ballots. Ethics Law (AB 1234) Government Code (Safeguard law protects against inappropriate use of tax dollars) Government Code Response to reports of inappropriate use of local tax dollars, increased misuse of public resources, and failure to follow conflict of interest laws. Requires a written policy to reimburse members for travel & expenses. Requires two-hour training for elected who receive compensation or reimbursements. Tort Claims Act (Claims Against Public Entities) Government Code (Safeguard law- protects against significant attorneys fees and narrows a plaintiff s lawsuit) Government Code 900 et seq. Allows governments to investigate and negotiate on meritorious claims. Provides uniform procedure for bringing claims against public entities. California Voter Participation Rights Act Election Code (Safeguard law - protects against low voter turnout due to the timing of elections) Elections Code One of the greatest barometers for waning civic engagement in American politics is declining voter turnout. Synchronizing with statewide elections can boost turnout percent. Regularly scheduled elections shall be held same time as statewide elections if voter turnout is <25% of statewide. California Voting Rights Act Election Code (Safeguard law - protects against voter dilution and discrimination) Elections Code At-large election systems are suspect because they may dilute the vote of a minority protected class. Establishes criteria for challenging the validity of at-large elections systems. ii shalice.tilton@gmail.com