The League of Women Voters of Santa Monica (LWVSM), together with the Alliance of Santa Monica Latino and Black Voters, the Human Relations Council Santa Monica Bay Area (HRC), and Community for Excellent Public Schools (CEPS) have filed an Amicus Brief in support of the City of Santa Monica (“City) in the California Supreme Court’s review of the Pico Neighborhood Association, Maria Loya v. City of Santa Monica regarding the application of the California Voting Rights Act of 2001 (CVRA).

 The LWVSM strongly believes in the CVRA and its mission to protect the equal voting rights of marginalized and disenfranchised communities, legally referred to as protected-class voters.

• We believe that the remedy sought in this lawsuit will not resolve the issues raised by the Plaintiffs in a way that further empowers Latino voters in Santa Monica.
• The CVRA was not intended to be a one-size-fits-all solution in its application and it was not intended to mandate the abolition of at-large election systems, as confirmed by its author during the legislative process for the law.

 Santa Monica is a community of strong and varied values willing to speak out on the many issues that need addressing in our community. And we live in a country that has become increasingly polarized, to the extent that the right of Americans to vote and have their votes counted has come under threat.  Bills have been introduced in more than half of America’s state legislatures with the not-so-subtle intent of suppressing the vote of African Americans and other people of color.

 About the League of Women Voters of Santa Monica

 The League of Women Voters of Santa Monica (LWVSM) is a nonpartisan political organization established in 1934 that seeks to support informed and active participation in government. We do not endorse (or oppose) either political parties or candidates running for office, but we seek to influence public policy through education and advocacy. The LWVSM is a part of the League of Women Voter of LA County (LWV/LAC), the League of Women Voters of California (LWVC), and the League of Women Voters of the United States (LWV).

 The right to vote and have that vote count is fundamental to the mission of the League of Women Voters.  As an organization, we have fought for over 100 years to ensure that citizens of voting age have the unfettered right to vote and the right to have that vote counted. One example among many: We stated our belief very publicly when our state president signed the ballot arguments in favor of Proposition 43, a Constitutional amendment placed on the 2002 California ballot by the legislature. It was approved by the voters and made the following language a Constitutional right of the people: A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.[1]  The League, at every level, promotes an open governmental system that is representative, accountable, and responsive. We support electoral systems that elect policymaking bodies—legislatures, councils, commissions, and boards—that proportionally reflect the people they represent. We support systems that inhibit political manipulation (e.g. gerrymandering and other forms of vote dilution, including voter suppression).

 We believe that standards for fair electoral systems should include protection from diluting the voting strength of a racial or linguistic minority. Furthermore, any system adopted should produce fair and accurate community representation reflecting the diversity (racial, ethnic, socioeconomic, gender, etc.) of the community; should increase voter participation and maximize effective votes.

 Why we’re signing onto this Amicus Brief

 In this specific case, the plaintiffs allege that the City of Santa Monica has discriminated against Latino voters through maintaining at-large elections, that Santa Monica’s current at-large election system has prevented Latino voters in Santa Monica from electing their preferred candidates to office by diluting their voting power, and that the City should move to district-based elections for City Council with a specific carved out district in the Pico neighborhood that would include approximately 30% of the City’s Latino voters.

 The CVRA is intended to protect the equal voting rights of marginalized and disenfranchised communities by outlining the elements that demonstrate a violation of the law. However, not all of the elements are clearly defined in the language of the law and some were intended to use definitions as laid out in the Federal Voting Rights Act.  

 The California Supreme Court has chosen to take up review of this case to determine “What must a Plaintiff prove in order to establish vote dilution under the California Voting Rights Act?”

 We have signed onto this amicus brief because we believe that the appropriate baseline for vote dilution should be rough proportionality. In order to determine whether protected class voters have had their votes diluted, the appropriate measurement should be whether protected class voters are able to elect candidates of their choice in proportion to their representation in the community. 

 We do not believe the remedy sought in this lawsuit will resolve the issues raised by the Plaintiffs in a way that further empowers Latino voters in Santa Monica. Latino voters are approximately 13.6% of the voting population in Santa Monica, but Latino/Latino surnamed candidates made up 22.2% of the winning City Council candidates from 2002-2020 through the current at-large election system. Additionally, a move from our current at-large system to district-based elections as proposed by the plaintiffs would lead to less representation compared to the City’s current situation as three (3) of the current protected class City Council members all reside in the proposed “Pico Neighborhood District.” The proposed remedy would also have the effect of reducing the ability of the remaining 70% of Latino (and other protected class) voters outside of this district to influence elections.

 As this lawsuit would impact elections, voters, the Santa Monica community, and government-related processes, the LWVSM Board of Directors decided that we needed to speak out. Based on the findings and the applicability of numerous League positions and the history of our deep and active involvement in fighting for all voters to have fair representation, the LWVSM board of directors unanimously voted to sign onto this Amicus Brief.

 What We See Moving Forward

 Systemic racism has been and still is a problem in Santa Monica, as it is throughout California and the nation. We recognize the harms that have been perpetuated against marginalized and disenfranchised people in our community, including the displacement of Latino and Black/African-American families in the construction of the 10 Freeway, the racist exclusionary zoning policies that prevented non-white Santa Monicans from living in certain areas of the city for decades, and restrictive racial covenants that aimed to prevent non-white residents from purchasing, renting, or residing in homes in certain neighborhoods, and other discriminatory measures perpetuated by existing systems of power.

 We believe in a Santa Monica where all Santa Monicans have the access and the opportunity to be informed, active participants in local government. There is much more work to do to ensure an equitable Santa Monica for all, but moving to district elections as proposed would not be a step in the right direction. Looking at potential outcomes, district elections would result in less representation and reverse the strides our community has made over the last two – three decades in increasing the representation of Latino and other protected class voters in the City.

 We encourage everyone reading (or listening to) this statement to take the time to read the brief. Don’t rely on other people’s interpretations or talking points. It is part of our mission to encourage informed engagement, and this is no different.

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 You can read the full Amicus Brief here