Archives: FAQs

Can you provide a summary of pros and cons from the Palmdale decision to go to trial? Can we apply those to our community?

CVRA cases are highly fact- and jurisdiction-specific, so applying the result in one jurisdiction to another is very difficult. San Rafael has far different demographics and electoral history, and there were a number of unique aspects to the Palmdale case. This is especially the case as there is no Court of Appeal decision (on the … Continued

What is the real candidate’s cost to run a citywide election vs. a district wide election? Can we project cost to run for a contested district seat?

The costs vary based upon the candidate’s approach. There are no City-mandated costs under either system.

Is there data that can evaluate the pluses and minuses of a less homogenous council? For example, data that would show if you have regional or district elections do you have a much more contentious council advocating for its own district rather than the entire city?

City staff is not aware of any quantitative data that addresses this, though there is qualitative scholarship and case law recognizing the possibility that districts could lead to more concern for one’s district at the expense of a “big-picture” view. However, the extent to which this is true varies by jurisdiction.

Can the City delay creating district voting until the census and can that decision be negotiated? What would the cost be to delay? Has it been done in other jurisdictions? How would the Council delay the implementation of districts and any related cost? What is the optics of waiting until the 2020 census to create districts? What is the community opinion? And are there examples of other communities that have done similar?

The City’s outside counsel advises that the City has the option to delay implementing district-based elections until after the 2020 Census, and a number of jurisdictions took this approach preceding the last Census (in 2010). However, litigation under the CVRA has become substantially more active since that time, and this approach would not necessarily avoid … Continued

What sets San Rafael apart from the rest of the County with regard to an at large mayor as opposed to a rotating mayor? What benefit to the City transition to 5 districts and rotating mayor vs current to 4 districts and at large mayor?

The Mayor’s office in San Rafael is elected pursuant to Article VI, Section 2 of the City’s Charter, which was approved by the voters in 1912. Other cities in Marin County governed by general state law, rather than by a charter city; however, general law cities may also put a measure before their voters to … Continued

Does the City have a choice between 4 or 5 districts? What input can community give regarding 5 districts? What input can we make to ensure City investigates 5 districts thoroughly, as opposed to 4 districts?

Article IV, Section 2 of the Charter provides that “all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided by law.” Thus, Staff has concluded that under this provision, a vote of the people is not required to change to district-based elections for the four … Continued

The cost of running for office disadvantages certain members, in particular Latino members, of the community. Will the cost of running for office in either a district or citywide election be one of the considerations in court and is that something the City will also consider?

This is a matter for further public input and discussion by the City Council as it considers the composition of the electoral districts.

Will attorney Shenkman be required to prove that he spent $30K before the City is required to reimburse him?

Mr. Shenkman must provide documentation to back up the demand, but in past cases the documentation has not been very specific and the fees have been negotiated.

The City of Encinitas spent $150K on the attorneys and $45K on the demographer and $30K to reimburse plaintiff. Should we expect similar costs? Any others?

The City’s outside counsel advises that those figures appear to be realistic for the demographer and the plaintiff. Fees for the City’s attorneys would likely be less, since minimal travel time would be required.

Are the districts set by population or registered voters? If population, wouldn’t that create significant disparity of registered voters over the districts?

Districts are set by total population. It can create a significant disparity, but that is the basis that has been approved by the courts, including—most recently—the Supreme Court in Evenwel v. Abbott. The chief exception is that prisoners can be excluded from the population base.