The City of La Palma is the latest local municipality to be cited for violations of the California Voting Rights Act, as Malibu attorney Kevin Shenkman has written a letter to the Mayor and Council demanding they switch to district-based elections.
The Council, which meets only once per month, received the letter in March and after one executive session has agreed to hold a public hearing to allow citizens to weigh in on the matter during its May 3 meeting.
In his letter, Shenkman lays out the various “factors” that are required to establish “a violation” of the state’s voting rights act.
“These “other factors” include “the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns,” his letter said.
Moreover, Shenkman claimed in the letter that “as of the most recent data released by the United States Census Department, Latinos comprise 19.4% of the City’s population of 15,581. Yet, since 2013, the City’s governing board has been devoid of Latinos.”
Furthermore, it said, “the current and historical underrepresentation of Latinos on the City’s governing board is revealing.”
“The City’s at-large system dilutes the ability of Latinos (a “protected class”) – to elect candidates of their choice or otherwise influence the outcome of the City’s elections,” said Shenkman in the letter.
“It appears that in the past 12 years, the City’s elections have been nearly devoid of Latino candidates, and while opponents of voting rights may claim that indicates an apathy among the Latino communities, the courts have held that is an indicator of vote dilution,” said Shenkman.
“Elections involving Latino candidates are additionally illustrative. In La Palma’s most recent 2020 election, Emanuel Aparicio emerged as a La Palma City Council candidate. Despite significant support from Latino voters, he lost his bid for a seat on the Council,” cited Shenkman.
“This election evidences vote dilution which is directly attributable to the City’s unlawful at-large election system.”
“As you may be aware, in 2012, we sued the City of Palmdale for violating the CVRA. After an eight-day trial, we prevailed. After spending millions of dollars, a district-based remedy was ultimately imposed upon the Palmdale city council, with districts that combine all incumbents into one of the four districts,” the attorney said.
“Given the racially polarized elections for the La Palma city council and exogenous elections, we urge the City to voluntarily change its at-large system of electing its City Council. Otherwise, on behalf of residents within the jurisdiction, we will be forced to seek judicial relief.”
Shenkman gave the city until April 27 to seek a voluntary change to district elections.
La Palma officials have yet to comment publicly but did agree to allow the public to have input by scheduling a public hearing at Tuesday’s meeting.
The ENE will cover Tuesday’s meeting and report on the latest developments.