California Voting Rights Act Washington Unified School District

California Voting Rights Act Washington Unified School District January 18, 2018 © 2018 Dannis Woliver Kelley William B. Tunick This training is provided for educational, compliance and loss-prevention purposes only, and absent the express prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or circumstances. Contact a DWK attorney for answers to specific questions. 1 www. DWKesq. com

Overview § The California Voting Rights Act (CVRA) § Transition process for avoiding CVRA liability © 2018 Dannis Woliver Kelley § Next steps 2 www. DWKesq. com

The CVRA § What it is? – State law enacted in 2002. – Elections Code, §§ 14025 to 14032. – Enacted in response to difficulties using the Federal Voting Rights Act (FVRA) to challenge voting systems. © 2018 Dannis Woliver Kelley § What it is not? – – – Not the same as the FVRA. Not an absolute prohibition on certain types of elections. Does not require intent. No established timeline for compliance. Not a formula/numerical standard. 3 www. DWKesq. com

© 2018 Dannis Woliver Kelley At Large v. Trustee Areas Majority Wins Every Election Minority Wins Zero Elections Majority Wins Three Elections Minority Wins Two Elections 4 www. DWKesq. com

The CVRA’s Prohibition © 2018 Dannis Woliver Kelley “An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class…” (Elec. Code, § 14027) 5 www. DWKesq. com

Elements of the CVRA Three requirements for finding a violation: 1. At-large election system. 2. Racially polarized voting. © 2018 Dannis Woliver Kelley 3. Protected class cannot elect candidates or influence elections. 6 www. DWKesq. com

Remedies § Substantial attorneys’ fees possible. Awarded or agreed to in every CVRA case. Modified by AB 350. § “Appropriate remedies” imposed by a court: © 2018 Dannis Woliver Kelley – Draw trustee area boundaries; – Alternative voting systems; and – Enjoin election or election results. 7 www. DWKesq. com

Remedies (AB 350 modifications) § Challenger must first send notice of challenge. – May not file suit within 45 days of notice. § Before or after notice, District may adopt resolution: © 2018 Dannis Woliver Kelley – “outlining its intention to transition, ” – with “specific steps; ” and, – “an estimated time frame. ” § Suit may not be filed within 90 days of resolution. § If resolution/transition follows notice from challenger, challenger is entitled to receive reimbursement for cost of notice up to $30, 000. 8 www. DWKesq. com

Statewide CVRA Impact § Multiple cases and settlements. § No successful defense of CVRA challenge on the merits. § Well over 100 school districts and over 20 community college districts have transitioned. § Most attempts to amend the CVRA have been unsuccessful. © 2018 Dannis Woliver Kelley Pending constitutional challenge. 9 www. DWKesq. com

© 2018 Dannis Woliver Kelley CVRA News 10 www. DWKesq. com

Impact on the District © 2018 Dannis Woliver Kelley § CVRA applies to District since it uses at-large elections. § If all elements are met, could support a violation of the CVRA. § Transition to by-trustee area elections could immunize District. 11 www. DWKesq. com

Transition Procedure § Board initiates: – Retain demographer; – Adopt criteria. © 2018 Dannis Woliver Kelley § Area boundaries drawn. § Board adopts boundaries and transition. § Approval by County Committee and election or State Board of Education. New procedure requirements under AB 350 (2017). 12 www. DWKesq. com

Transition Procedure (Drawing the Lines) § Federal requirements: © 2018 Dannis Woliver Kelley – Equal Population – FVRA (Section 2) 13 www. DWKesq. com

Transition Procedure (Drawing the Lines) © 2018 Dannis Woliver Kelley § Traditional redistricting criteria. § Within legal requirements Board can/should adopt resolution providing direction on criteria to be used in drawing trustee areas. § Board must also consider/adopt sequence of elections in light of “intent” of CVRA. (AB 350. ) 14 www. DWKesq. com

Transition Procedure (Public input) § Requirements under AB 350. § Public hearings: – At least two within 30 days before maps are drafted. – At least another two within 45 days after maps are drafted. – Hearing/meeting to adopt the maps following a final public hearing. © 2018 Dannis Woliver Kelley § Publish maps/sequence at least 7 days before the hearing. 15 www. DWKesq. com

Transition Procedure © 2018 Dannis Woliver Kelley (Approval process) § County Committee on School District Organization must hold one hearing on the proposal and then approve or disapprove. § Under the Education Code, the transition would then go to District voters for approval. But, State Board of Education (SBE) can waive the election requirement. § SBE has regularly granted waivers of the election requirements for districts transitioning to by-trustee area elections. – Avoid cost and unknowns involved in an election. – Need to follow general SBE waiver requirements. Entire process could take 6+ months. 16 www. DWKesq. com

Impact of Transition § Need to educate voters and potential candidates about new system and opportunities. § New election system would take effect at the next election beginning with those facing re-election. © 2018 Dannis Woliver Kelley § Incumbent Board members would need to reside within trustee area to be re-elected. § Review/revise maps following 2020 census for 2022 election. 17 www. DWKesq. com

Potential Next Steps 1) Continue to use current at-large election system and monitor elections and local changes to election systems. 2) Gather more information on potential vulnerability to challenge. © 2018 Dannis Woliver Kelley 3) Transition to by-trustee area elections and adopt trustee area boundaries. 18 www. DWKesq. com

SAN FRANCISCO LONG BEACH SAN DIEGO SAN RAFAEL © 2018 Dannis Woliver Kelley CHICO SACRAMENTO SAN LUIS OBISPO William B. Tunick Attorney San Francisco (415) 543 -4111 wtunick@dwkesq. com www. DWKesq. com 19