San Mateo is considering moving to City Council district elections and away from its at-large election model after receiving complaints the current system violates the California Voting Rights Act.
The city received a letter May 24 from attorney Scott Rafferty recommending the switch due to a lack of minority candidates in elections, which could violate the California Voting Rights Act, or CVRA. A city staff report noted the letter could be a precursor to filing a lawsuit under CVRA. San Mateo is now considering declaring a resolution of its intention to transition to by-district elections at its June 21 meeting.
Mayor Eric Rodriguez stressed the council had not made a decision and wanted to learn more about options.
“This might be the most important decision this current council makes, but it might be the most important vote I’ve cast since I’ve been on council,” Rodriguez said.
The current at-large system means the entire city votes to elect councilmembers. A district-based election would see the city divided into separate districts, with voters in a specific district choosing someone from that area.
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 San Mateo said it would likely do. The extension would allow for more public outreach and incorporate the 2020 census demographic data released later this year.
If the council decided to move forward with district elections, it would occur under a tight timeline. A proposed timeline in a city report suggests conducting public hearings at the July 6 and July 19 council meetings. The two meetings will seek public input and have the council provide direction on communities and criteria while drafting district maps. The council would then provide direction on proceeding with district elections or pursue other options at or following the two hearings. Draft district maps and proposed election sequencing would be discussed at City Council hearings Aug. 2 and Aug. 16. The council would adopt the preferred map in an ordinance by Sept. 7. The city is working with demographer firm Redistricting Partners to assist with preparing draft maps.
The dates could be changed if the city gets a 90-day extension, which must be agreed upon between San Mateo and Rafferty. City Attorney Prasanna Rasiah said he has spoken to Rafferty about an extension, which the city wants, with Rafferty indicating a willingness to consider it. Rasiah said there had been positive discussions, although it would also depend on City Council direction Monday.
“I think it’s a good possibility,” Rasiah said about an extension.
Rafferty said both sides were in negotiations about an extension. He wanted to reach an agreement that allows the public to use the latest 2020 census data.
“I am favorably disposed to it,” Rafferty said of an extension.
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Rafferty said moving to district elections was for long-term reform and good for voters of all races. He said the change was not about the incumbents but the future of elections in San Mateo.
“It can be a positive process,” Rafferty said.
Rasiah said while the letter did not threaten legal action, it was a strong possibility if the city didn’t move forward with the process based on the context and history surrounding the issue.
“That’s the framework we are operating under,” Rasiah said.
Rasiah noted the litigation costs would be extremely high to the city. Most cities don’t succeed in repealing the decision because California law makes it easier for plaintiffs to prevail compared to federal law.
The total cost of the transition is an estimated $150,000 from the city’s general fund for demography services and public outreach.
The city noted in a staff report that 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.
Rodriguez wanted a robust community discussion about the pros and cons of both options. The mayor noted district elections significantly lower the hurdles of running for office, as candidates currently often have to raise $100,000 at least to have a competitive campaign in San Mateo. However, an at-large system gives the incentive to think of the whole city instead of a small district. Rodriguez said the council would go into the discussion Monday with an open mind. He stressed the council needed to not think about current elected officials but instead think about the best decision for the city. He noted there had been a trend of cities moving to district elections.
“I think there’s a general sense of it was just a matter of time,” Rodriguez said.
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