After rejecting past efforts to change its election structure, Cypress looks to be reversing course, joining the growing number of Orange County cities making the switch to by-district elections.
On Monday, Jan. 8, city leaders are set to discuss whether to change to a by-district election system, where voters would choose only one councilmember who lives in their district every four years, commencing with the November 2024 election.
The proposed timeline, from the city, begins with adopting a resolution of intent to move to by-district elections on Jan. 8 and includes five public hearings from January through March. The last public hearing would be on March 11, and the City Council would then adopt the ordinance changing its election system.
Cypress now has an at-large election system, where voters decide on all five council seats, and has resisted legal efforts to change.
In September 2021, Malibu-based attorney Kevin Shenkman sent Cypress officials a letter warning of a lawsuit if the city did not voluntarily switch to by-district elections.
Although 37% of Cypress’ 50,000 residents are Asian American, Shenkman said in 2021, the city has not had an Asian American on the council for more than 10 years. After the city rejected the letter, Shenkman filed a lawsuit on behalf of the voting rights group Southwest Voter Registration Education Project and residents Kathryn Shapiro and Malini Nagpal, who routinely speak at City Council meetings.
Over the past decade, Shenkman has successfully challenged dozens of California cities, school districts and other public entities with the same allegation: Their at-large elections dilute the voices of minorities.
During Monday’s meeting, the City Council will consider settling the lawsuit with SVREP, Nagpal and Shapiro by requesting the court accept its plans to transition to a by-district election system for its council members, per the agenda.
“The agreement gives the city the ability to work with the community to establish the boundaries of the five districts, rather than have a court dictate the districts,” the agenda says.
The agreement requires plaintiffs to participate in the map selection process, according to the staff report, and allows the city to transition back to at-large districts should California law change to permit that. It does not change councilmembers’ term limits.
The city’s decision to weigh the transition to by-district elections was prompted by a ruling involving Santa Monica. The California Supreme Court in August 2023 ruled against the city’s fight to keep its at-large voting system and handed it back down to the Court of Appeals for reconsideration, saying that the appeals court misconstrued the California Voting Rights Act when it ruled in favor of the city.
Signed by Gov. Gray Davis in 2002, the CVRA disallows at-large elections that dilute the voting power of minority populations in local government elections.
According to a staff report, the Santa Monica ruling “significantly reduced the likelihood that Cypress’ at-large election could be found to comply” with the California Voting Rights Act. That ruling prompted the city to go into mediation to try to resolve its own lawsuit, said city spokesperson Diana Moreno.
“The city worked with a mediator who is a retired judge with CVRA experience. And it was his opinion that it would be highly unlikely that the city would be successful if they were to contest and go to a full lawsuit,” she said.
Cypress had, at multiple times, rebuffed efforts to transition to by-district elections after residents expressed support for the current, at-large election system. Through public forums and a survey, residents said they preferred an at-large election system, the city has said.
On Monday, city leaders will also decide whether to task the National Demographics Corporation to provide tools residents can use to draft both physical and digital maps and a website where the maps will be uploaded for public viewing as well as coordinate in-person participation at all public hearings that will be scheduled over the next three months to develop electoral maps.
The City Council will meet at 6 p.m. at 5275 Orange Ave. to discuss the transition. Residents can attend the meeting in person or virtually.
Kaitlyn Schallhorn and Susan Christian Goulding contributed to this report.
