YUBA CITY, CA (MPG) - Public agencies across California are facing a wave of demand letters threatening litigation if they do not change their at-large elections (all voters can vote on all candidates) to district-based elections, which requires creating district maps that separate the public entity into defined geographic areas from which that area elects a representative.

Further, if public agencies do not switch to district elections, the California Voting Rights Act (CVRA) allows legal challenges to at-large elections. In those lawsuits, plaintiffs seek to prove that at-large elections dilute the voting strength of a protected class, which has been a low bar to cross. Public entities that are unsuccessful in defending a legal challenge to their voting system can be on the hook for paying hundreds of thousands of dollars in their own legal bills as well as those of the victorious plaintiff.

The City of Yuba City and Yuba City Council has taken the following steps to prevent such actions:

For some period of time, the City has been engaged in the process of updating the process of selection of Councilmembers by moving to district-based elections. By way of background, on September 7, 2021, the Council adopted a Resolution with an effective passage date of September 25, 2021, declaring the Council’s intention to transition from at-large elections for members of the City Council to division-based elections.

On September 21, 2021, the City Council conducted the first of two hearings required to be held before the City Council could start considering potential voting division maps. The purpose of these initial hearings was to educate the City Council and public on the legal requirements for the composition of the District voting divisions and required criteria the City Council must apply as well as the optional criteria the Council may follow in drawing divisions. Robert McEntire, from National Demographics Corporation (NDC), presented information on the division process.

On October 5, 2021, the City Council conducted the second of the initial two public hearings on the composition of the City’s voting divisions. After conducting the public hearing, the City Council directed NDC to prepare division elections maps for consideration at the public hearing, which was scheduled for December 21, 2021, including a demonstration “no pair” map. In compliance with State law, those maps were posted to the City’s website. Members of the public could also prepare and post any maps on the City’s website for the City Council to consider.

On December 21, 2021, the City Council conducted a third public hearing on the composition of the City’s voting divisions and considered the division election maps prepared by NDC. After conducting the public hearing, the City Council indicated an initial preference to adopt the NDC Green Map and election sequencing associated with the NDC Green Map.

As stated at the December 21, 2021, City Council meeting, in order to be considered at the January 18, 2022 meeting, the deadline for submission of the maps by members of the public was January 11, 2022. The City did not receive any map submissions from the public prior to the meeting. In addition to its prior notices, the City also published a notice of this hearing in the Appeal-Democrat, along with the NDC Green Map, which was also translated into Spanish and Punjabi.

On January 18, 2022, the City Council held the fourth public hearing regarding the proposed map and ordinance, waived the first reading, and voted 5-0 in favor of introducing the ordinance.

On February 1, 2022, the City Council Adopted an Ordinance of the City Council of the City of Yuba City, California, Adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to Establish a District-Based System of Elections for Members of the City Council by title only and waived the second reading. For more information go to www.yubacity.net/districting

The ordinance that was previously introduced is based on the “NDC Green Map”, including the election sequencing associated with the NDC Green Map. Consistent with State law, the ordinance will go into effect after 30 days, and the elections by District will start to take place in November of this year, with the remainder taking place in 2024.