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Home My WebLink About08. Receive update on transition from at-large to by-division elections Page 1 of 1 Item 8. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT September 18, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KENTALM, DISTRICT COUNSEL REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER SUBJECT: RECEIVE UPDATE ON CALIFORNIA VOTING RIGHTS ACT (CVRA) PROCESS FOR TRANSITIONING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR MEMBERSHIP ON CENTRAL SAN'S BOARD OF DIRECTORS AND PROVIDE DIRECTION TO STAFF AS APPROPRIATE An update will be given at the meeting by Special Counsel Marguerite Leoni of Neilsen Merksamer and/or Justin Levitt of National Demographics Corporation. September 18, 2020 Special Board Meeting Agenda Packet- Page 94 of 154 09/18/20 POLITICAL&NIELSEN MERKSAMER ADVOCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Item 8. (Handout) Central Contra Costa Sanitary District September 18, 2020 Meeting of the Board of Directors California Voting Rights Act Update POLITICAL& LA OCACY NIELSEN MERKSAMER GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Outline of Today's Presentation 1. Process review 2. Next Steps a. 2nd Pre-mapping Public Hearing -- 9/21/20 b. Instructions to Demographic Consultant 3. Draft Maps & Sequencing a. Sequencing Tutorial 4. Other Developments California Voting Rights Act Update September 18,2020 1 09/18/20 POLITICAL& ADVOCACY NIELSEN MERKSAMER GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP 1. Districting Process cri do F.&I AAg.2 Two Initial Hearings Held prior to release of draft maps.Education and to solicit input on and 21 the communities in the District. Deadline for public draft Public can submit draft maps for NDC processing and posting map submissions Oct. 1 Post draft maps on website Maps and the potential sequence of elections must be posted at Oct.8 least 7 days prior to 3rd hearing. Two hearings on draft maps Two meetings to discuss and revise the draft maps and to discuss the Oct. 14 and Nov.4 election sequence. Map adoption Map adopted via resolution. Nov.9 Final map must be posted at least 7 days prior to adoption. Final Deadline 90-day deadline to adopt a map Nov. 18 California Voting Rights Act Update September 18, 00 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP 2. Next Steps • Second Public Hearing — 9/21/20 • Board of Director Instruction to Demographer re: Composition of Draft Map(s) — Based on public comment — Based on own knowledge of Central San • Draft Maps Received from Public • Post Draft Maps & Potential Sequence of Elections 2 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Districting Rules — From NDC PowerPoint Federal Laws Traditional Redistricting Principles • Equal Population • Communities of interest • Federal Voting Rights Act Compact • No Racial Gerrymandering • Contiguous • Visible (Natural &man- made) boundaries • Respect voters' choices / avoid head to head 14 q�-- contests • Planned future growth California Voting Rights Act Update September is,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP 3. Draft Maps & Sequencing California Elections Code § 10010(a)(2): (2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. ... California Voting Rights Act Update September 18, 1 3 09/18/20 POLITICAL& ADVOCACY NIELSEN MERKSAMER GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Draft Maps & Sequencing • Board of Directors generally has broad discretion • Compare, California H & S Code § 6195(f): (f) ... At the district general election following the approval by the voters of the election of directors by divisions, the district board shall assign vacancies on the board created by the expiration of terms to the respective election divisions and the vacancies shall be filled from those election divisions. • No terms are cut short California Voting Rights Act Update September 18,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT I LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Draft Maps & Sequencing • Elec. Code § 10010(b) & CVRA • "(b) in determining the final sequence of the district elections ..., the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts. • The CVRA provides protection from dilution of the right to vote of Protected Classes by at-large elections in which racially polarized voting occurs & authorizes "appropriate remedies", "tailored to remedy the violation". California Voting Rights Act Update September 18,2020 4 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACV GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Special consideration to the "purposes of the California Voting Rights Act"— Legislative History • Support voter"turn-out" by scheduling elections in majority-minority districts in the Presidential election year. "In November of 2015,the Anaheim City Board scheduled the elections for the two Latino plurality districts for 2016,but scheduled the elections for the only Latino majority district for 2018.The scheduling of the only Latino majority district in a midterm election year could have the effect of putting the elections for a district whose population consists of a majority of a protected class during a cycle in which turnout is traditionally decreased."(Assembly Floor Analysis,Concurrence In Senate Amendments,AB 350(Alejo)As Amended August 17,2016.) • Another reasonable interpretation: Provide for the ability of Protected Classes to elect chosen candidates as soon as possible. • Note: it likely is not possible to create a majority-minority electoral division in Central San. California Voting Rights Act Update September 18,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT I LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP "Take into account the preferences expressed by members of the districts" • Unclear what is meant by "members of the districts" • Public input on the sequencing of elections in CVRA remedial districts must be taken into account. California Voting Rights Act Update September 18,2020 5 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACV GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Common Practice in Determining Election Year for Electoral Divisions • In addition to the considerations of 10010(b),typically,jurisdictions opt for some continuity on the governing body. 1. In all cases,the election schedule must maintain the correct number of members of the Board of Directors with staggered terms. 2. When one current Board Member(or multiple Board Members whose terms expire in the same year)resides in a district,that district would be assigned to that Board Member's election year. 3. If two Board Members with terms expiring in different years reside in a district, the selection of election year for that district could a)take Into consideration that the member with the later election year would continue in office,or b) take other factors into consideration,or c)be made by lot. 4. If more than two Board Members whose terms expire in different years reside in a district,the selection of election year could a)be based on the election year of the majorit of resident Board Members,or b)take into consideration that the member(s�with the later election year would continue in office,or c)take other factors into consideration,or d)be made by lot. California Voting Rights Act Update September 18,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #1 (Considers expiration of terms;3 Board Members elected in Presidential Election Year;2 Board Members Elected in Gubernatorial Election year;multiple Board Members in Districts 1&4 with same terms) 1 Board Elected in Completing Elected in Members in 2022 term from 2024 1 at-large election year election 1 2(2022) 1 n/a O 2 O 1 n/a 0 3 1(2024) 0 1 1 4 2(2024) 0 2 1 5 O o n/a 1 Total 5 5=2 newly elected by- 5 elected by- Members division&3 completing terms division California Voting Rights Act Update September 18,2020 6 09/18/20 POLITICAL& ADVOCACY NIELSEN MERKSAMER GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #1 — Graphic ("1=2022"means,incumbent who resides in that division has term ending in the indicate year) DIV.2-on Ballot in 2022 No Ineumbent No�Board Member eleeted .!..al�.t:2021 at Div.3-on Ballot in 2024 Div 4-on Ballot in 2024 1 2024 leavI the Board California Voting Rights Act Update September 18, 020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #2 (Considers expiration of terms;3 Board Members elected in Presidential Election Year;2 Board Members Elected in Gubernatorial Election year;multiple Board Members in Districts A4 with same terms) 1 Board Elected in Completing Elected in Members in 2022 term from 2024 1 at-large election year election 1 2(1-2022&1- 1 1 O 2024) 2 1(2022) 1 n/a O 3 1(2024) 0 1 1 4 1(2024) O 1 1 5 0 o n/a 1 Total 5 5=2 newly elected by- 5 elected by- Members division&3 completing terms division California Voting Rights Act Update September 18,2020 7 09/18/20 POLITICAL& ADVOCACY NIELSEN MERKSAMER GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #2 — Graphic ("1=2022"means,incumbent who resides in that division has term ending in the indicate year) Ir Di,.I-11 B1111t 112022 I—b—�th t,—dmg 112022 &Ab-1—d. California Voting Rights Act Update September 18, 020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #3 (Considers expiration of terms;3 Board Members elected in Presidential Election Year;2 Board Members Elected in Gubernatorial Election year;multiple Board Members in District 1 with different terms) 1Board Members in 1 2022 term from 2024 1 . election year 1 3(1-2022&2- 1 2 0 2024) 2 0 0 n/a 1 3 1(2022) 1 n/a 0 4 1(2024) 0 1 1 5 0 0 n/a 1 Total 5 5=2 newly elected by-division 5 elected by- Members &3 completing terms division California Voting Rights Act Update September 18,2020 8 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Hypothetical #3 — Graphic ("1=2022"means,incumbent who resides in that division has term ending in the indicate year) =1014 Div.2–on Ballot in 2D24 1-2-4 No Incumbent I—laut add,—-di.g in 2022-..&be el—d. N—Board Meraber elected _4 mcaabea� I et NIall111111t in 2124 Div.3–on Ballot in 2022 Div.4–on Ballot in 2024 inerrubant can ran and be elected. Incumbent can run and be elected. California Voting Rights Act Update September 18,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT I LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Alternative Methods for Determining Election Year for Divisions There are alternatives to determining sequencing of election in the new electoral divisions: 1. Selection"by lot" 2. Determination focused on other policy considerations,such as providing for an early election in parts of the district that may not have had a resident elected to the Board in recent years. 3. Combination of considerations. California Voting Rights Act Update September 18,2020 9 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACV GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP What Have Our Neighbors Done? Jurisdiction Sequencing City of Martinez No majority minority districts;no incumbents paired; districts on ballot in order of expiration of terms City of Concord No majority minority districts;no incumbents paired; districts on ballot in order of expiration of terms Dublin San Ramon Ser. 2 majority Asian Am.Divisions,both on the ballot in 2020 Dist. City of San Ramon 2 majority Asian Am.Divisions,1 on the ballot in 2020&1 in 2022;avoided"weaponizing districting"to eliminate an incumbent=no pairing San Ramon Valley USD i majority Asian Am.Trustee Area on ballot in 2020;no incumbents paired California Voting Rights Act Update September 18, 020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP 4. Other Developments • City of San Dimas entered into agreement with potential plaintiffs' attorney, Kevin Shenkman, to postpone city's compliance with Elec. Code § 10010 until after receipt of 2020 Census. • City had not yet commenced statutory process. • $30,000.00 paid as part of consideration. • Agreed districting deadline: Dec. 31, 2021. • Note, districting discretion of cities circumscribed by California law. California Voting Rights Act Update September 18,2020 10 09/18/20 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP QUESTIONS? California Voting Rights Act Update September 18,2020 POLITICAL& LAW NIELSEN MERKSAMER OCACY GOVERNMENT I LITIGATION NIELSEN MERKSAMER PARRINELLO GROSS&LEONI LLP Central Contra Costa Sanitary District September 18, 2020 Meeting of the Board of Directors California Voting Rights Act Update 11