SLO threatened with lawsuit that could force it to change how council members are elected
San Luis Obispo officials have received a “demand” letter calling for the city to elect council members by district to protect minority groups from losing voting influence — or face a lawsuit.
But the city doesn’t believe SLO currently has a systemic problem in its elections process that negativity affects minority voters, and it’s willing to try to work out a resolution with the potential plaintiff.
“We believe this a fundamentally flawed proposal to try to remedy an issue that doesn’t exist in our community,” said City Attorney Christine Dietrick. “We don’t believe it will increase participation or inclusivity in SLO’s voting process.”
The threat — similar to others that have been made in Paso Robles, Arroyo Grande and throughout California — calls for residents to elect City Council members through a district elections process instead of an “at large” one.
A district election has different potential scenarios, but it generally means that a voter would cast a ballot for a council member running in the resident’s part of town, versus casting citywide City Council candidate votes.
The mayor position still could remain an at-large vote, under the district system.
Demand letter sparks negotiation with Jan. 31 deadline
Attorney Robert Goodman issued the demand letter in November on behalf of client Jamie Gomez, threatening a lawsuit under the California Voting Rights Act if the city does not switch to a district voting system, Dietrick said.
The Voting Rights Act “seeks to ensure that the votes of protected minority groups are not diluted in a manner that precludes them from influencing elections,” SLO officials said.
Goodman demanded a resolution to change SLO’s voting policy to a district one within 45 days or face litigation. But the city has negotiated an extension until Jan. 31 to address the legal and technical claims.
“During this time, the city intends to engage in good faith discussions with the prospective plaintiffs to reach a mutually agreeable resolution to the litigation threat that aligns with the city’s community engagement expectations, as well as the council’s inclusivity and diversity objectives,” SLO officials said in a press release.
Dozens of California cities have received similar “demand letters,” all related to provisions in the California Voting Rights Act in recent years.
After Paso Robles and Arroyo Grande were targeted, both cities have moved to elect City Council members by district to avoid voting-rights lawsuits.
SLO wants ‘alternative paths’ in elections considered
SLO said that no California city that has chosen to litigate the demand for district voting has prevailed in a lawsuit, though there are cases on appeal and proceeding through the judicial process.
Dietrick said that SLO already has considered alternative paths for elections that may “achieve even great diversity and inclusion in city elections than could be achieved through districting, considering the city’s composition and distribution of voters.”
Those include possibly implementing a ranked choice system for its elections.
A ranked choice electoral process tallies votes based on a system that includes preference, meaning if a candidate doesn’t win an outright majority then votes are counted based on second-preference candidates.
Another option could be a transferable vote process, which means the candidate with the fewest votes is eliminated and those votes are transferred to each voter’s next preferred candidate.
Dietrick said those measures have a “much higher potential to advance diversity goals than a district elections model would.” And those options may be discussed with Goodman in hopes of achieving a resolution.
SLO council members support diversity
SLO Mayor Heidi Harmon and Councilwoman Erica Stewart campaigned on encouraging a more inclusive and diverse community, and inclusion of minority groups is a frequent talking point in council discussions.
Stewart become the first black council member when she was elected in 2018.
“Increased diversity leads to better ideas, discussions and decisions,” Stewart says on her website. “It’s also been shown that there is a direct correlation between increased diversity and economic growth.”
Harmon was vocal about her support of SLO adopting a welcoming city policy in 2017.
The policy commits to welcoming immigrants regardless of their legal status, adding SLO will not directly enforce federal laws related to immigration.
The resolution stops short of declaring San Luis Obispo a sanctuary city, which could subject it to a loss of federal funding. Typically, sanctuary cities refuse to cooperate with the U.S. Immigration and Customs Enforcement in its efforts to detain, question or deport people based on their immigration status.
“SLO is committed to welcoming all people regardless of race, sexual orientation, religion or immigration status,” Harmon said at the time. “It is my goal to always support a community that is safe and creates equal opportunities for all.”
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