[EL] Palmdale California VRA case
Rick Hasen
rhasen at law.uci.edu
Wed Dec 4 10:40:06 PST 2013
Yes, I was struck by this too, and it made me wonder why it was not
brought under the federal Voting Rights Act.
the issue is discussed in the judge's opinion.
On 12/4/2013 10:27 AM, Fredric Woocher wrote:
>
> I'll add one more interesting legal issue that is likely to be raised
> in the Palmdale litigation on appeal. Under the California
> Constitution's "home rule" provision, charter cities like Palmdale
> have specifically been granted the authority to manage certain of
> their own affairs without interference from the state Legislature.
> Among the four "core" areas of such "municipal affairs" are the
> "conduct of city elections," in which the city is granted "plenary
> authority" under the state Constitution "to provide . . . the manner
> in which, the method by which, the times at which, and the terms for
> which the several municipal officers and employees whose compensation
> is paid by the city shall be elected or appointed . . . ." (Cal.
> Const., art. XI, sec. 5(b).) Accordingly, although the City's choice
> to hold at-large elections for its city councilmembers on off-years
> would be subject to challenge under the federal VRA or on Equal
> Protection grounds, it is not at all clear that the California VRA --
> a state statute -- can lawfully apply to charter cities under the
> state Constitution's "home rule" provision.
>
> Fredric D. Woocher
>
> Strumwasser & Woocher LLP
>
> 10940 Wilshire Blvd., Ste. 2000
>
> Los Angeles, CA 90024
>
> fwoocher at strumwooch.com <mailto:fwoocher at strumwooch.com>
>
> (310) 576-1233
>
> *From:*law-election-bounces at department-lists.uci.edu
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of
> *Douglas Johnson
> *Sent:* Tuesday, December 03, 2013 10:32 PM
> *To:* 'Rick Hasen'; law-election at uci.edu
> *Subject:* Re: [EL] Palmdale California VRA case
>
> As one might imagine from reading the ruling and remedy order in
> Palmdale, there are many, many complex issues going on here. As one of
> the City's experts, I'll save the details for court, but here are just
> a couple examples of the complexity of this situation: (these are
> already in the record):
>
> ·My friend Mr. Ely mischaracterizes the Defense view of the racially
> polarized voting evidence. But he is correct that it is possible to
> draw a district that is over 50% Latino CVAP -- but that's obvious, as
> the City _as a whole_ is now over 50% Latino CVAP (this is in the
> record from the remedy hearing, though the 2012 one-year ACS data,
> which indicated the City was over 49% and that the Latino % of CVAP
> was continuing to increase 2-3 percent per year, was not until after
> the original trial testimony).
>
> ·The November election, whose certification the court blocked, elected
> the City's first African-American Councilmember. At the time the
> injunction was requested it was known that election was guaranteed to
> elect either an African-American or a Latino, as two seats were up for
> election and only one Anglo was running (against a Latino former
> Councilmember and two African Americans).
>
> ·All of the incumbent Councilmembers (except one who did not run for
> re-election but who stays in office while the injunction against
> certification is in place), along with the
> newly-elected-but-not-yet-certified African American Councilmember,
> and along with the Latino former Councilmember who lost his effort to
> rejoin the Council in this recent election, are drawn into a single
> district (District 2) in the court plan.
>
> ·The Court directs the City to consolidate its elections with
> statewide November even-year elections, but LA County has recently
> barred jurisdictions from consolidating
> <http://articles.latimes.com/2013/apr/30/local/la-me-school-elections-20130501>for
> the technical reason that the LA County ballot has no more space on
> its ballot card for any more local elections.
>
> An interactive ArcGIS Online version, in color, of the district plan
> ordered by the court is available at the link below for anyone
> interested in a version easier to read than the black & white map in
> the ruling. The large unshaded areas in the middle are unincorporated
> county islands.
>
> http://bit.ly/1izbGFG
>
> (If you use this map for professional or academic purposes, please
> attribute it to National Demographics Corporation).
>
> This case is likely to remain interesting as it winds through the
> judicial process.
>
> -Doug
>
> Douglas Johnson, President
>
> National Demographics Corporation
>
> djohnson at NDCresearch.com <mailto:djohnson at NDCresearch.com>
>
> 310-200-2058
>
> *From:*law-election-bounces at department-lists.uci.edu
> <mailto:law-election-bounces at department-lists.uci.edu>
> [mailto:law-election-bounces at department-lists.uci.edu] *On Behalf Of
> *Rick Hasen
> *Sent:* Tuesday, December 3, 2013 9:27 PM
> *To:* law-election at UCI.edu <mailto:law-election at UCI.edu>
> *Subject:* [EL] ELB News and Commentary 12/4/13
>
>
> More on Palmdale <http://electionlawblog.org/?p=57139>
>
> Posted on December 3, 2013 9:11 pm
> <http://electionlawblog.org/?p=57139>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Plaintiffs' expert in the Palmdale case (see earlier post
> <http://electionlawblog.org/?p=57111>), David Ely, sends along these
> thoughts via email:
>
> 1. Judge did not say that incumbency can never be a consideration,
> he said that it cannot be used to justify a plan that otherwise
> violates traditional redistricting criteria and is designed to
> maintain the existing power structure. He quotes my
> characterization of their plan as an egregious incumbent
> gerrymander, and notes that it would work against remedying the
> violation. Going from an at large system found in violation to a
> district system is always going to need extra suspicion of
> incumbency protection. Since the incumbents were elected at large
> there are no issues of keeping officials with the constituents who
> elected them, as any district will do that.
>
> 2. While the CVRA standards may be much easier to meet than
> federal VRA standards, the case against Palmdale meets federal
> standards and could easily have been a Summary Judgment case in
> Federal court. Defendants' expert agreed that it was possible to
> draw at least one 50% Latino CVAP district, and that historical
> elections have been characterized by racially polarized voting,
> and that minority candidates of choice in city council elections
> have only won when they were Anglo choice as well. Defense
> argument was based on idea that Democratic candidates winning
> locally in partisan statewide contests, supported by Latinos and
> not by Anglos, meant that Latinos could elect candidates of
> choice. In addition Palmdale has an extensive history of racial
> conflict and official discrimination.
>
> 3.The Modesto case which the Supreme Court refused to hear raised
> the equal protection argument in a situation where a Section 2
> case might well have failed. There could be a case which raises
> the argument more compellingly, but that would require a judge to
> find a violation and order a remedy that could be said to violate
> Equal Protection as applied. This case raises none of those
> issues, and I doubt that California Courts will apply the CVRA in
> a way that does.
>
>
> In Fascinating Case, Judge Orders New Elections in Palmdale under
> CA Voting Rights Act <http://electionlawblog.org/?p=57111>
>
> Posted on December 3, 2013 10:11 am
> <http://electionlawblog.org/?p=57111>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> A Los Angeles County superior court judge has issued this tentative
> remedialorder
> <http://electionlawblog.org/wp-content/uploads/palmdale-order.pdf>(following
> this ruling on the merits
> <http://electionlawblog.org/wp-content/uploads/jauregui-final-statement-of-decision.pdf>)
> that the City of Palmdale's at large elections violate the California
> Voting Rights Act
> <http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=14001-15000&file=14025-14032>.
> I am about to talk about this on KPCC. (Update: You should be able to
> listen to the archived interview a bit later here
> <http://www.scpr.org/programs/take-two/2013/12/03/34920/judge-rules-that-palmdale-must-change-city-electio/>.)
>
> Here is the Daily News story
> <http://www.dailynews.com/government-and-politics/20131202/judge-kicks-out-palmdale-city-council-orders-special-election>;
> here is the one in theLA Times
> <http://www.latimes.com/local/la-me-palmdale-elect-20131203,0,198764.story#axzz2mLXlh42k>.
>
> There are many fascinating issues, assuming this tentative ruling
> becomes final. Can the judge throw out the results of the recent
> election as a CVRA remedy? (The judge tried to block the election, but
> a divided appellate court reversed
> <http://articles.latimes.com/2013/oct/16/local/la-me-pc-palmdale-election-20131016>.
> *UPDATE:* Kevin Shenkman clarifies: The appellate court did not
> reverse any ruling by Judge Mooney. 2 of 3 appellate judges
> interpreted Judge Mooney's order as prohibiting only the certification
> of the election, and on that basis denied Defendant's petition for
> writ of supersedeas. The election has not been, and will not be,
> certified, absent further action by a court.)
>
> The judge said incumbency could not be a factor to be considered in
> drawing the lines. For this reason, and others, the judge rejected
> the City's proposed plan. Will that stand up on appeal? More broadly,
> the CVRA gives broad remedial powers to the judges in these cases.
> How should they be exercised? (Neither party in this case, for
> example, preferred a cumulative voting remedy.)
>
> Finally, and most significantly, the California Voting Rights Act
> imposes standards which are much easier to meet than the federal
> voting rights standards. If someone brought a federal constitutional
> equal protection challenge against the Act, will it stand? The
> Supreme Court a few years ago refused to take a CVRA case, but another
> case might fare better, especially in a post-/Shelby County /world.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57111&title=In%20Fascinating%20Case%2C%20Judge%20Orders%20New%20Elections%20in%20Palmdale%20under%20CA%20Voting%20Rights%20Act&description=>
>
> Posted invoting <http://electionlawblog.org/?cat=31>, Voting Rights
> Act <http://electionlawblog.org/?cat=15>
>
>
> "Business Groups Eye Expanded Role in Elections"
> <http://electionlawblog.org/?p=57109>
>
> Posted on December 3, 2013 10:04 am
> <http://electionlawblog.org/?p=57109>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> WSJ reports
> <http://online.wsj.com/news/articles/SB10001424052702304579404579234033386430854>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57109&title=%E2%80%9CBusiness%20Groups%20Eye%20Expanded%20Role%20in%20Elections%E2%80%9D&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>,
> campaigns <http://electionlawblog.org/?cat=59>
>
>
> "Nagle on Withdrawal As Cure for Campaign Contributions"
> <http://electionlawblog.org/?p=57107>
>
> Posted on December 3, 2013 10:01 am
> <http://electionlawblog.org/?p=57107>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> This item
> <http://www.cityethics.org/content/nagle-withdrawal-cure-campaign-contributions>
> appears at City Ethics.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57107&title=%E2%80%9CNagle%20on%20Withdrawal%20As%20Cure%20for%20Campaign%20Contributions%E2%80%9D&description=>
>
> Posted incampaign finance <http://electionlawblog.org/?cat=10>,
> conflict of interest laws <http://electionlawblog.org/?cat=20>
>
>
> "Democrats: Investigate Joe Deters' voting history"
> <http://electionlawblog.org/?p=57105>
>
> Posted on December 3, 2013 9:57 am
> <http://electionlawblog.org/?p=57105>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> The /Cincinnati Enquirer/ reports.
> <http://news.cincinnati.com/apps/pbcs.dll/article?AID=/201312022314/NEWS01/312020039>
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57105&title=%E2%80%9CDemocrats%3A%20Investigate%20Joe%20Deters%E2%80%99%20voting%20history%E2%80%9D&description=>
>
> Posted inelection administration <http://electionlawblog.org/?cat=18>,
> The Voting Wars <http://electionlawblog.org/?cat=60>
>
>
> Better Link to Moreland Report on NY Corruption
> <http://electionlawblog.org/?p=57103>
>
> Posted on December 3, 2013 9:56 am
> <http://electionlawblog.org/?p=57103>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Here
> <http://publiccorruption.moreland.ny.gov/sites/default/files/moreland_report_final.pdf>.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57103&title=Better%20Link%20to%20Moreland%20Report%20on%20NY%20Corruption&description=>
>
> Posted inbribery <http://electionlawblog.org/?cat=54>, campaign
> finance <http://electionlawblog.org/?cat=10>, chicanery
> <http://electionlawblog.org/?cat=12>
>
>
> Top Recent Downloads in Election Law on SSRN
> <http://electionlawblog.org/?p=57101>
>
> Posted on December 3, 2013 9:55 am
> <http://electionlawblog.org/?p=57101>by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> Here
> <http://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=991929&netorjrnl=jrnl>:
>
> *RECENT HITS (for all papers announced in the last 60 days) *
> *TOP 10 Papers for Journal of LSN: Election Law & Voting Rights
> (Topic)* cid:image002.png at 01CEF072.BDB27410
> <http://papers.ssrn.com/publicRss/rssManagerInc.cfm?journalId=991929>
> /October 4, 2013 to December 3, 2013/
>
> *Rank*
>
>
>
> *Downloads*
>
>
>
> *Paper Title*
>
> 1
>
>
>
> 179
>
>
>
> *Race or Party? How Courts Should Think About Republican Efforts to
> Make it Harder to Vote in North Carolina and
> Elsewhere*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2353068>
> Richard L. Hasen
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=337>,
> University of California, Irvine -- School of Law,
> /Date posted to database: /November 13, 2013
> /Last Revised: /November 14, 2013
>
> 2
>
>
>
> 115
>
>
>
> *Voting Squared: Quadratic Voting in Democratic
> Politics*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2343956>
> Eric A. Posner
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=33688>, E.
> Glen Weyl
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1186331>,
> University of Chicago -- Law School, University of Chicago,
> /Date posted to database: /October 24, 2013
> /Last Revised: /October 30, 2013
>
> 3
>
>
>
> 97
>
>
>
> *Disclosure and
> Corruption*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2334454>
> Michael D. Gilbert
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1304972>,
> Benjamin Aiken
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2131329>,
> University of Virginia School of Law, University of Virginia -- School
> of Law, Degree Candidate Author,
> /Date posted to database: /October 2, 2013
> /Last Revised: /November 15, 2013
>
> 4
>
>
>
> 93
>
>
>
> *Section Two Minus Section
> Five*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2336749>
> Nicholas Stephanopoulos
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=636048>,
> University of Chicago Law School,
> /Date posted to database: /October 7, 2013
> /Last Revised: /October 27, 2013
>
> 5
>
>
>
> 82
>
>
>
> *'Super PACs' and the Role of 'Coordination' in Campaign Finance
> Law*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2334499>
> Bradley A. Smith
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=625464>,
> Capital University Law School,
> /Date posted to database: /October 2, 2013
> /Last Revised: /October 2, 2013
>
> 6
>
>
>
> 72
>
>
>
> *The Unbundled Union: Politics Without Collective
> Bargaining*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2337561>
> Benjamin I. Sachs
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=767255>,
> Harvard Law School,
> /Date posted to database: /October 9, 2013
> /Last Revised: /November 7, 2013
>
> 7
>
>
>
> 47
>
>
>
> *Structuring Big Data to Facilitate Democratic Participation in
> International
> Law*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2346188>
> Roslyn Fuller
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2016041>,
> National University of Ireland, Maynooth (NUI Maynooth) -- Department
> of Law,
> /Date posted to database: /October 30, 2013
> /Last Revised: /October 30, 2013
>
> 8
>
>
>
> 45
>
>
>
> *Democracy and the Freedom of Speech: Rethinking the Conflict between
> Liberty and
> Equality*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330520>
> Yasmin Dawood
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1166954>,
> Faculty of Law, University of Toronto,
> /Date posted to database: /September 27, 2013
> /Last Revised: /September 27, 2013
>
> 9
>
>
>
> 35
>
>
>
> *Shelby County and the End of
> History*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2337027>
> Joel Heller
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1710731>,
> Unaffiliated Authors -- Independent,
> /Date posted to database: /October 8, 2013
> /Last Revised: /October 8, 2013
>
> 10
>
>
>
> 31
>
>
>
> *Keynote Address of Prof. Richard L. Hasen Given to the Voting Wars
> Symposium, March 23,
> 2013*<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2339193>
> Richard L. Hasen
> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=337>,
> University of California, Irvine -- School of Law,
> /Date posted to database: /October 12, 2013
> /Last Revised: /October 12, 2013
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D57101&title=Top%20Recent%20Downloads%20in%20Election%20Law%20on%20SSRN&description=>
>
> Posted inpedagogy <http://electionlawblog.org/?cat=23>
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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