Ballot Measure: AMENDING THE COUNTY CHARTER TO PROVIDE FOR COUNTY COMMISSIONER ELECTIONS ON AN AT-LARGE BASIS

The League of Women Voters is a nonpartisan, political organization dedicated to empowering voters and defending democracy. We educate citizens on voting issues and, when appropriate, engage in advocacy. Key issues for the League include voter registration, access to the ballot box and protecting the power of the vote through fair districts.

The League of Women Voters of Alachua County (LWVAC) is responsible for educating voters on local ballot measures. We explain what the ballot language means and the pros and cons of voting for or against. The League has the option to recommend how people vote on issues. We take a position only after engaging in an intentional process.

The policy requires research and three levels of review. The research involves study of published articles that describe the pros and cons of the issue. In this case, the research concentrated on the impact of voting in single-member districts compared to voting at large for local governing bodies. The document included an in-depth review of the impact on racial justice. The research summary is attached to this document. Each of the three levels of review included consideration of the research and discussion by League members. The first level was a consensus meeting with local League members. The research paper was sent before the meeting, then summarized before discussion began. An outside expert was also invited to weigh in. League members were invited to comment or offer opinions on both sides of the issue. All member comments supported at-large voting.

An ad hoc committee was convened to review the research and member comments, summarized in a report. The report included a recommendation to the Board to support “at-large voting” to elect county commissioners. The recommendation included that the League promote its stance, including actively participating in any community campaigns. The Board approved the recommendation.

The LWVAC supports at-large voting of commissioners because, in Alachua County, it promotes racial justice. It's also associated with gender equity, contributes to a cohesive governing body with a county-wide focus and avoids the risks and potential conflict of gerrymandering.

The League’s decision to actively engage in the community campaign was based on the expectation that another “dark money” campaign of disinformation will be launched against at-large voting, as happened in 2022. The community campaign will leverage the League's credibility to strengthen its impact. When community members see the NAACP and the League of Women Voters support at-large voting, it will send a powerful message to voters who support racial justice and free and fair elections.

LWVAC's background paper on local ballot measure related to County Commission elections

By Diane Dimperio

Introduction

This paper reviews issues relevant to the proposed Charter Amendment for Alachua County which will be on the November 2024 ballot as a local ballot measure: AMENDING THE COUNTY CHARTER TO PROVIDE FOR COUNTY COMMISSIONER ELECTIONS ON AN AT-LARGE BASIS. It summarizes publications describing the impact of voting districts on election results. It was written in compliance with the League of Women Voters of Alachua County's policy evaluating a ballot measure for publication.

This paper is based on a review of published articles which were informative but not perfectly aligned with this ballot initiative. The literature describing the characteristics of voting districts discusses “at-large districts,” but the type of district described in the ballot measure is a “resident district” (see below). The local discussion uses the term “at-large” because while commissioners must live in the districts they represent, they would more accurately be described as resident districts.

Most of the published articles are based on the experiences of one or a few, mainly large, cities. One study reviewed data from over 7,000 municipalities but they were all cities (1). Cities tend to be more densely populated than counties which, like Alachua County, usually include unincorporated, less populated areas (2).

Background

Florida Statutes Title XI Chapter 124.01 Sections (1) and (2) specify that counties shall be divided into five districts with one commissioner elected by all voters to represent each district. Section (3) delegates drawing district boundaries to the Board of County Commissioners (BOCC), who are directed to “…. from time to time, fix the boundaries of the … districts so as to keep them as nearly equal … as possible…” The statute prohibits districts from being drawn to favor or disfavor an incumbent or candidate. Florida Statute 124.011 provides an alternate procedure for the election of County Commissioners and provides options for five single-member districts or a blend of five single-member districts and two at-large representatives. If a county wants to adopt one of the alternate methods, it must be approved by a majority of voters. Until the 2024 election, Alachua County Commissioners had been elected by all voters to represent the districts in which they live. Currently 40 counties use at-large districts, 20 use single-member districts and seven use the mixed method (3).

History

During the 2022 legislative session, one of our local state representatives was responsible for passage of HB1493, which added the issue of how commissioners are elected as a local ballot measure in the November 2022 election. The bill proposed commissioners be elected by single-member districts instead of all county voters.

The difference between single-member districts and resident/at-large districts seems esoteric and unintelligible to many voters. There was little public discussion on the issue until shortly before the election when post cards were sent out urging voters to support single-member districts. The postcards included the NAACP logo, as well as photos of, and quotes from, local African-American leaders supporting single-member districts. In addition to the postcards, African-Americans were hired to stand on street corners with signs supporting single-member districts. The local NAACP held a press conference on Oct. 25, 2022, to clarify that the messages on postcards and street signs did not accurately reflect the NAACP's position on the issue. The Alachua County NAACP branch president explained that the quotes were taken out of context (4). The NAACP pursued legal action but could not stop the campaign misrepresenting its position. The chair of Leading for Our Future, a Republican strategist, would not confirm or deny that his organization was responsible for the postcards but said that since they contained factual information he was not concerned about a lawsuit (5). The ballot measure passed with 50.19% of the votes in favor of single-member districts.

During the April 9, 2024, BOCC regular meeting, the president of the Alachua County NAACP branch and others requested the board put the question of voting districts on the 2024 ballot. They cited the robust disinformation campaign funded by an anonymous donor as misleading voters. Citizens urged commissioners to give the voters the opportunity to understand the choice more clearly before they vote. The BOCC passed a resolution instructing county staff to report back on how that process might work.

During the regular BOCC meeting on May 14, the county attorney gave a presentation describing the process and timeline for adding this item as a local ballot measure on the November ballot (6). The BOCC approved the proposed plan, and the ballot language will be:

Shall the five members of the board of county commissioners of Alachua County, Florida, be elected by all electors within the county at large?
YES___
NO ___

Types of Voting Districts

The literature on voting uses different names for the same thing. In the discussion below we will use the terms as follows:

• At-large — all voters in the jurisdiction vote for members of the governing board who do not represent a specific geographical area.
• Single-member districts — members of the governing board represent a specific district within the jurisdiction and only people who live in that district may vote for the candidates.
• Residence districts — Members must reside in the district and are expected to represent its residents, but all voters may vote for all candidates.
• Mixed systems — Some members are elected on an at-large basis, and some are elected on a single-member district basis.

Racial Justice

Florida, like the rest of the South, has a history of disenfranchising voters of color. The Federal Voting Rights Act of 1965 (FVRA) was passed to clarify and reinforce the voting rights guaranteed by the 14th and 15th Amendments. The FVRA prohibits state and local government from imposing voting rules that "result in the denial or abridgement of the right of any citizen to vote on account of race or color or membership in a language minority group” (7). The initial effect of the FVRA was to reduce barriers to African Americans' ability to register and to vote. A more subtle, but effective, way to reduce the power of the African-American vote is to draw districts that limit their influence on the outcome.

As a result of the voting rights guaranteed by the FVRA, enforced by courts, municipalities, and some states, many governing boards began transitioning to single-member districts (8,9). This increased the ability of Black voters to elect representatives of their choice (10,11). Use of single-member districts is an effective method of empowering minority voters if they live in a concentrated area which can form the basis of a minority-majority district (1,12). Many cities, such as Gainesville, that had used at-large voting did not have fair racial representation until they transitioned to single-member districts. 

The NAACP recommends use of single-member districts as a remedy when at-large voting results in racial injustice and, that if a jurisdiction transitions to single-member districts, it includes at least one district in which voters of color are the majority of the voting age population (10). This is called a majority-minority district. Drawing a majority-minority district requires the African-American population to live in a concentrated area. Single-member districts will not promote racial justice when minority populations are not geographically concentrated or when an appropriate number of minority-majority district(s) are not included (1,13).

The map below displays the percentage of African-Americans by census tract in Alachua County and shows the widespread distribution of this community. There are five County Commissioners and about 20% of the residents of Alachua County are Black (14). This would suggest that, on average, one board member should be of African-American descent. Until 2024, Alachua County has elected commissioners using residential districts (sometimes called “at-large”) and at least one Black commissioner has been on the BOCC since at least 1996 (15). Concern about the impact on racial justice by changing to single-member districts has been expressed by Yvonne Hinson, a Florida House Representative who represents a minority-majority district that includes part of Alachua County. Hinson said: “Since the county’s Black population is scattered across the county, single-member districts could reduce Black access to seats” (15). The Alachua County branch of the NAACP shares this concern and supports reinstatement of residential district voting (16).

Although pursuit of racial justice is a major focus of this ballot measure, a literature search was conducted to review the other advantages and disadvantages of district types. A summary of the advantages and disadvantages of each is shown below.

SINGLE-MEMBER DISTRICTS

Advantages

• Candidates can meet a higher percentage of their constituents which allows the electorate to make a more informed choice when voting (12).
• Since the campaign targets a smaller population it is less expensive,* which may increase the type of people willing to run for office (12,17).
• Voters feel a greater connection to their representative which may increase citizen participation in government (7,11,18).
• Maximizes accountability because representatives can be re-elected or defeated in the next election by the population they represent (18).

Disadvantages

• Women are less likely to be elected (12,13,18).
• Districts are more susceptible to gerrymandering (7,19,20).
• May lower voter turnout (12).
• Members are more likely to focus on their district’s interests which may create conflict in decision making and result in vote trading (11,12).

AT-LARGE VOTING

Advantages

• Women are more likely to be elected (12,13,18).
• Results in a broader representation of ethnic, religious and language groups (18).
• Representatives are more likely to have a county-wide focus (12,11).
• Reduces partisan and ethnic fractionalization among governing board (13,21).
• All voters can vote in every election and are able to vote for all commissioners (17).

Disadvantages

• If the majority votes as a block they will defeat the choice of minority populations (19).
• Some segment of the population might believe it has inadequate representation (12).
• Dilutes relationship between representatives and voters (18).
• Reduces accountability of representatives to voters in their district (18).
• May be more likely to raise taxes (12).

*Footnote
The Table below the map displays cost data from three recent elections conducted in Alachua County and is consistent with the suggestion that candidates running in single-member districts are likely to spend less money that those in at-large districts. All residents of the jurisdiction can vote for Board of County Commissioners, School Board of Alachua County, Gainesville Mayor and two at-large seats for the Gainesville City Commission. Only residents of the districts can vote for Gainesville district seats. Please note the number of residents and geographical areas being targeted for County Commissioner seats are much larger than those targeted for the city at-large positions, so the data are not directly comparable.

But the table offers an opportunity to look at 10 at-large and six single-member district races in our area. The average of the lowest amount spent in single-member district races was $8,686 and the average lowest amount spent in at-large races was $18,283. One single-member district candidate raised less than $1,000. The amount spent by winners tended to be higher than that spent by their competition. In 10 of the 16 races the winner was the highest spender. The winners of the single-member district races spent on average $28,375, which was less than the winners of the at-large races, who spent on average $40,374.

 References

1. Trounstine, J. and Valdini, M. The Context Matters: The Effects of Single-Member versus At-Large Districts on City Council Diversity American Journal of Political Science, Jul. 2008 52(3):554-569 Published by: Midwest Political Science Association. https://www.jstor.org/stable/25193833
2. US Census Understanding Population Density. https://www.census.gov/newsroom/blogs/random-samplings/2015/03/understan.... html#:~:text=While%20the%20population%20density%20inside,neighborhoods%20within%20a%20single%20city
3. Florida Association of Counties. https://www.fl-counties.com/governance/county-districting/
4. Carnell, Z. Local NAACP to pursue legal action for 'deceptive' political advertisements on single-member districting; GOP rejects accusations October 26, 2022. https://www.wuft.org/politics/2022-10-26/local-naacp-to-pursue-legal-act...
5. Budowsky, E. New PAC looking to reverse decision on single-member districts in Alachua County January 30, 2024. https://www.wcjb.com/2024/01/30/new-pac-looking-reverse-decision-single-...
6. BOCC May 14 meeting minutes. Slide presentation on recommended steps and time frame for including item on November 2024 Ballot. https://pub-alachuacounty.escribemeetings.com/filestream.ashx?DocumentId...
7. Wikipedia The Voting Rights Act of 1965. https://en.wikipedia.org/wiki/Voting_Rights_Act_of_1965
8. Welch, S. The Impact of At-Large Elections on the Representation of Blacks and Hispanics 1990 Journal of Politics 52(4). https://www.jstor.org/stable/2131682
9. Collingwood, L. and Long, S. Can States Promote Minority Representation? Assessing the Effects of the California Voting Rights Act Urban Affairs Review 2019; 57(3). https://journals.sagepub.com/doi/abs/10.1177/1078087419896854
10. NAACP -LDF At-Large Voting Frequently Asked Questions. https://www.naacpldf.org/wp-content/uploads/At-Large-Voting-Frequently-A...
11. National League of Cities. Cities 101:At Large and District Elections December 14, 2016. https://www.naacpldf.org/wp-content/uploads/At-Large-Voting-Frequently-A...
12. Lawrence, D. District versus At Large Elections University of North Carolina School of Government. District vs At-Large Elections April 2010. https://www.sog.unc.edu/courses/course-materials/district-versus-large-e...
13. Hofer, S. et al. The Trade-offs Between At-large and Single Member Districts University of Houston Hobby School of Public Affairs University of Houston October 2018. https://uh.edu/hobby/cpp/white-paper-series/_images/hspa-white-paper-ser...
14. Data USA, Alachua County. https://datausa.io/profile/geo/alachua-county-fl#demographics
15. Wood, T. Bill Letting Voters Change Alachua County Commission Format Passes House. Florida Politics. March 2, 2022. https://floridapolitics.com/archives/503101-bill-letting-voters-change-a...
16. Diem, B. Alachua County Moves to Put Single Member Districts Back on the Ballot The Independent Florida Alligator April 10, 2024. https://www.alligator.org/article/2024/04/alachua-county-commission-move...
17. Lempert, S. Pros and Cons of District Elections. The Daily Journal (San Mateo CA) April 5, 2021. https://www.smdailyjournal.com/opinion/columnists/pros-and-cons-of-distr...
18. Ace Project. The Electoral Knowledge Network. Single Member Districts: Advantages and Disadvantages Accessed April 2024. https://aceproject.org/main/english/bd/bda02a01.htm
19. Adams, F. Electoral Systems in Conflict: At Large versus Single-Member The Rose Institute of State and Local Government. Claremont McKenna College. https://www.san-clemente.org/home/showpublisheddocument/28786/6360876634...
20. Li, M. and Miller, P. Proportional Representation Can Reduce the Impact of Gerrymandering Brennan Center September 18, 2023. https://www.brennancenter.org/our-work/analysis-opinion/proportional-rep...
21. Kim, A. More At Large Districts. Democracy: a Journal of Ideas: Winter 2016. https://democracyjournal.org/magazine/39/more-at-large-districts/