The appellate court overturned the trial court’s decision. Plaintiffs argued that evidence of racially polarized voting was sufficient to show a violation of the CVRA, but the court disagreed, finding that the CVRA also required the plaintiff to show that the city’s at-large system diluted the votes of a protected class in order to establish a violation. The court held that the plaintiffs had failed to prove the city’s at-large voting system diluted the votes of Latinos. The court noted that, assuming race-based voting, the city’s Latino population was not large enough to win a majority and elect someone to City Council in an at-large voting system or a by-district voting system. The court wrote that “[t]here was no dilution because the result with one voting system is the same as the result with the other: no representation.” The court wrote that dilution requires a showing that the change in voting method is likely to make a difference in electoral results.
The court also rejected the plaintiffs’ arguments that the city’s voting method violated the CVRA because a different voting method would increase the electoral “influence” of a protected class of voters. The trial court had followed this approach by asking whether “some alternative method of election would enhance Latino voting power.” The appellate court wrote that under this standard, “any unrealized increase in a group’s percentage would satisfy the dilution element” and found this standard “untenable because it would create absurd results.” Whether a larger percentage of protected class voters in a district might meet the “influence” standard such that an at-large election method violated the CVRA is not answered by this decision.
Because the appellate court found that the city’s use of an at-large election system did not result in “dilution,” it found the city’s election system did not violate the CVRA.
Governing boards that do not hold an election by trustee area still must ensure ongoing compliance with the CVRA, and any district found in violation of the CVRA could be held liable for attorneys’ fees and legal costs. Whether an at-large voting system violates the CVRA remains a fact-specific analysis for each district. School boards should review Board Bylaw 9220 for additional information about their election processes and procedures, and districts seeking more information about the CVRA and its possible effects should consult legal counsel.
Please note that the information provided here by CSBA is for informational purposes and is not legal advice. Please contact your legal counsel for questions related to this information.