The California Voting Rights Act:

New Rules and Risks for California Cities, Schools and Special Districts

The Latest News: On October 15th, 2007, the U.S. Supreme Court announced its decision to not accept the City of Modesto's challenge to the constitutionality of the California Voting Rights Act. (See articles below.)

The Court's decision clears the way for any potential plaintiff who was waiting to see what action the Court would take. In the wake of the Court's decision, any at-large jurisdiction in California would be wise to evaluate its exposure now, before a potentially costly lawsuit is filed. (Press reports put the cost of Modesto's defense at over $700,000, and attorneys for the plaintiff requested $1 million in attorneys fees in the case.)

What is the California Voting Rights Act ?

Under the California Voting Rights Act (CVRA), signed into law this summer, jurisdictions can be sued if they elect their governing body using an at-large, from-districts, or mixed election system. If the court finds against a jurisdiction, the jurisdiction must change its election system and pay the plaintiff’s attorneys, experts and other expenses.

Is your city at risk?

What is the basis for suit under the CVRA? Use the following check list of warning signs:

Does your jurisdiction elect officials “at-large” or “from districts”?

Do a significant number of minorities live in the jurisdiction?

Have there been few minority candidates who run for office? Or do minority candidates generally lose when they run against non-minority candidates?

A jurisdiction may still be vulnerable even if minority-preferred candidates have been elected under your at-large system. The new California law goes well beyond federal law on voting rights issues and results in an expanded number of jurisdictions vulnerable to lawsuits and potentially in violation.

What can you do?

In order to take?the guesswork out of dealing with CVRA concerns, National Demographics Corporation (NDC) is teaming with the law firm of Nielsen, Merksamer to offer a CVRA Assessment Study. Using in-depth demographic and voting statistics, NDC will provide an analysis of a jurisdiction and Nielsen, Merksamer will provide a litigation risk analysis. With this information and guidance from NDC and Nielsen, Merksamer, a jurisdiction will understand potential risks and the options available.

The clock is ticking.

Contact NDC or Nielsen, Merksamer for a risk analysis today.

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