Council Weighing Fight over By-District Elections

In the face of threatened litigation, the San Clemente City Council faces an important decision at our next meeting on Tuesday, Aug. 15: Do we pursue a transition to “district” elections to quell the litigation, or mount an extraordinarily expensive legal battle to hopefully preserve “at-large” elections in the city?

In reaching this decision, there are some important facts to consider.

The California Voting Rights Act became law in 2003, making it relatively simple for private lawyers to sue a city with an existing “at-large” governing board and force that city into a “district” election system.

The state eliminated the heavier burden required in federal lawsuits to prove discriminatory intent, historical discrimination, or that minority voters live in a geographically compact area of the city.

Under the simpler, easier California standard, one must only prove that the “at-large” election results in minority voters being diluted by majority voters. The plaintiff’s attorney merely needs to show that a protected class of San Clemente residents (Asian or Hispanic voters) vote differently from the majority.

That burden of proof is easily met through an expert witness hired by the plaintiff. The system is essentially rigged against cities.

San Clemente is among the latest targets of a concerted effort coming out of Sacramento to force “district” elections to change the makeup of city elected officials.