HomeMy WebLinkAboutCA District Elections PPTPOLITICAL &
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Legal & Policy Criteria Governing
Establishment of Districts
A Presentation by:
Marguerite Leoni
Nielsen Merksamer Parrinello Gross & Leoni, LLP
to the
City of San Rafael
February 20, 2018
City of San Rafael –Establishment of Electoral Districts 1
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Process for Changing Electoral System
to Adopt District Elections
City of San Rafael –Establishment of Electoral Districts 2
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California Elec. Code §10010
•Resolution of Intention adopted: January 16, 2018
•The Elections Code requires that at least five public hearings be held
during within 90 days of that resolution:
–Two initial hearings, no more than 30 days apart, to receive public input. These hearings must take
place before any draft maps are drawn. Presently scheduled for February 5 and 20, 2018
•Proposed maps made public. Presently scheduled for February 26, 2018
–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. Presently scheduled for March 5 and 19, 2018
–A final hearing, after which the jurisdiction can vote to adopt a map. Presently scheduled for April
16, 2018
•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.
–90th Day is April 16, 2018
City of San Rafael –Establishment of Electoral Districts 3
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City of San Rafael –Establishment of Electoral Districts 4
Process: Adopted Timeline
Activity Timing
First Public Hearing on Composition of Districts –no maps February 5, 2018
Second Public Hearing on Composition of Districts –no maps (w/i 30 days of first)February 20, 2018
Draft Maps and Election Rotation Published (at least 7 days prior to next round of
public hearings)
February 26, 2018
First Public Hearing on Proposed Maps & Election Sequence March 5, 2018
Second Public Hearing on Proposed Maps (w/i 45 days of first)March 19, 2018
Final Public Hearing and Consideration of Ordinance to Adopt Map April 16, 2018
End of 90-day Litigation Hold April 16, 2018
Implement Adopted Districts November 2020
Redistricting (per California Elections Code §21620)March –November 2021
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City of San Rafael –Establishment of Electoral Districts 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
POLITICAL &
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Legal Considerations
Governing Districting
City of San Rafael –Establishment of Electoral Districts 6
POLITICAL &
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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 San Rafael Population (2010 Census): 57,713
•Ideal Population: 14,429
•Redistricting in 2021.
City of San Rafael –Establishment of Electoral Districts 7
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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 San Rafael –Establishment of Electoral Districts 8
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Voting Rights Act: Cracking
City of San Rafael –Establishment of Electoral Districts 9
District 1
District 2
District 3
District 4Minority Voters
Minority Voters
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Voting Rights Act: Packing
City of San Rafael –Establishment of Electoral Districts 10
District 1
District 2
District 3
District 4
Minority Voters
Minority Voters
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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 San Rafael –Establishment of Electoral Districts 11
POLITICAL &
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Drawing the Lines—Legal
Considerations: No Gerrymandering
City of San Rafael –Establishment of Electoral Districts 12
POLITICAL &
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Legal Considerations:
Other Permissible Criteria
•Topography.
•Geography.
•Cohesiveness, contiguity, compactness and
integrity of territory.
•Communities of interest.
See Elec. Code §21602.
City of San Rafael –Establishment of Electoral Districts 13
POLITICAL &
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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).
City of San Rafael –Establishment of Electoral Districts 14
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Questions?
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