San Clemente will move toward district-based voting for City Council races after receiving a letter arguing its current at-large election system is “racially polarizing” and demanding a change in advance of the November 2024 general election.
To avoid threatened litigation, councilmembers agreed to begin the process, which includes holding community meetings and then deciding on the geographic areas that will form the voting districts.
San Clemente is the latest city to be challenged over its election process, following closely on the heels of Laguna Niguel, which also recently began its process after receiving the same letter.
District elections are becoming more common in California with cities, school districts and special districts up and down the state making the transition following arguments the at-large election system dilutes the voting power of minority groups.
In at-large elections, registered voters in the city vote for all council seats on a ballot and the top vote-getters win the election. In by-district elections, a voter may only vote for a representative from their geographic area when that district is up for election.
The challenge letter, courtesy of Dana Point attorney Michelle Jackson, argues the city’s present system – which has been used for 90 years – violates the state’s Voting Rights Act.
“A review of San Clemente’s voting results appears to illustrate that they are racially polarized, resulting in minority dilution,” Jackson wrote.
“It is my client’s position that San Clemente’s system of at-large elections dilutes the ability of Latinos, a protected class, to elect candidates of their choice or otherwise influence the outcome of San Clemente’s elections for its City Councilmembers,” she said. “During the last 20 years, only one Latino has been elected to the San Clemente City Council. There has been only one Latino candidate in the past 20 years despite Latinos currently comprising the second largest race and ethnicity population in San Clemente with more than 18% of the population identifying as Latino.”
In the latest U.S. Census report, San Clemente had a population that is just a bit more than 63,000 residents, with nearly 80% White residents, 9.5% residents listed as reporting two or more races and 5% listed as Asian, the third largest demographic group.
While the council briefly discussed at a recent meeting the idea of having four councilmembers chosen by district and the mayor by all voters, that discussion and how many district and council members there should be was shelved for a later date.
Now, San Clemente will begin preparing the process of holding public meetings – at least three – in the next 90 days. Those meetings will include discussions on district locations, what boundaries make sense and what neighborhoods should be kept together.
In that time period, San Clemente must also adopt ordinances switching to districts.
Though four councilmembers, including Mayor Chris Duncan, agreed to move ahead, all brought up their concerns.
Councilman Victor Cabral asked about the costs other cities have incurred fighting the challenge in court. So far, no city has won the court fight.
Staffers informed the council that the city of Palmdale lost and spent $1.8 million on attorney fees and expenses. Santa Clara and Santa Monica each lost at the trial level – Santa Monica has appealed its case to the State Supreme Court. Staffers said it’s estimated that Santa Monica has spent between $7 million to $10 million on its defense.
“I don’t think any of us wanted to move forward on this,” Duncan said. “But it’s how we have to move forward under the California Voter Rights Act.”
“I voted no though it exposed us to litigation, because the cost of freedom isn’t cheap,” Councilman Steve Knoblock said.
