The Millbrae City Council may have to consider moving to district elections and away from its at-large election model after receiving a letter stating that the current system violates the California Voting Rights Act of 2001.
The city received the letter March 8 from attorney Kevin Shenkman recommending the switch due to a lack of minority candidates in elections, which could violate the California Voting Rights Act. The current at-large system means the entire city votes to elect councilmembers. A district-based election would see the city divided into separate areas, with voters in a specific district choosing someone from that area.
“Millbrae’s at-large system dilutes the ability of Latinos and Asians (each, a “protected class”) — to elect candidates of their choice or otherwise influence the outcome of the district’s elections,” according to the letter.
Under CVRA, after a city adopts a resolution of intent to move to district elections, it has 90 days to finalize the district map. However, a city may negotiate for an extension, which would allow for more public outreach and incorporate the 2020 census demographic data released later this year.
Rather than risk a considerable sum attempting to defend a challenging position, city officials across the Peninsula have taken to adopting the by-district system. South San Francisco, Half Moon Bay and Redwood City officials along with the Sequoia Union High and Redwood City Elementary school districts and county Board of Supervisors are among those which elected to forgo the courtroom in favor of abandoning the at-large system.
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More recently, Burlingame and San Mateo began exploring the option and San Bruno committed to adopting the new format last March.
All public entities that contested election conversions have failed or eventually agreed to transition, resulting in costly litigation fees. The report provided examples of the city of Palmdale paying $4.7 million and Santa Clara paying $3.1 million in plaintiff attorney’s fees before either settling or losing in court.
The Millbrae City Council discussed the possible switch to district elections in a closed meeting June 22. Officials were unable to provide comment.
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