The Latest News:
On June 6th, 2008, Modesto announced its settlement with the plaintiffs in
that City's California Voting Rights Act litigation. The City paid plaintiff's attorney fees of $3 million, in addition to the well over $1 million that news reports say the City paid its own outside counsel in the case.
The U.S. Supreme Court's decision in the Modesto case 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.
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?
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.
Additional Resources:
Modesto Bee article on Supreme Court ruling
Modesto Bee story on Modesto settlement
San Francisco Chronicle article on Supreme Court ruling
Modesto Bee article metioning legal fees in the case
Text of the California Voting Rights Act (CVRA)
Ventura Star article on CVRA passage
MALDEF press release
Center for Voting and Democracy press release