SSPECIAL CITY
COUNCIL MEETING
MAY 14, 2024
PRESENTATIONSI
Item#1
PH 24-021
District-
Based
Elections
Districting the
City of Hayward
Karin Mac Donald
Q2 Data & Research, LLC
Date 2024
The California Voting Rights Act
• The 2001 California Voting Rights Act (CVRA) expands on the Federal Voting Rights Act by making it easier for members of a protected class to prove that at-large elections ‘dilute’ their voting strength.
• Many jurisdictions including Cities and Special Districts throughout California have transitioned from ‘at-large’ to ‘by-district’ elections prompted by the CVRA
• Other jurisdictions have decided on their own to transition to ‘by- district’ elections.
2 The Process
• The CVRA has strict timelines and requirements for hearings • There are 4 hearings that must take place
• 2 hearings must be held prior to creating a draft map • Draft map(s) must be posted for feedback
• After the public has provided input on the draft maps at the 3rd and 4th hearing, the Council can adopt the new district boundaries • The process the City of Hayward is entering into is called ‘districting’
3 Criteria and Laws
•U.S. Constitution
• Population Equality
•Federal Law
• Voting Rights Act
•California Elections Code
• Process and Criteria
4 Criteria for mapping:
• There are 5 basic Criteria used for drawing districts • These Criteria are ranked in order of importance
1: Equal population
2: Compliance with the Federal Voting Rights Act (FVRA) 3: Contiguity
4: Respect for Communities of Interest
5: Compactness
• Also: disregard Incumbents, Candidates and Political Parties 5 Criterion 1: Equal Population
• The US Constitution requires districts to have reasonably equal populations • In districting, we talk about the “Ideal Population” for each district • To Compute the Ideal Population for each type of district:
Total population ÷ # of districts = Ideal POP
Hayward Total Population from 2020 Census: 162,954
Ideal Population for Hayward City Council Districts?
162,954 ÷ 6 = 27,159 people per/district
6 How Equal Is Equal?
• Different standards for different jurisdictions:
• Congressional Districts must be ‘strictly equal’
• Lower-level districts have more flexibility
• Districts must be reasonably equal:
• Some deviation above and/or below the ideal population is allowed
• Generally up to ±5% is used in FVRA compliance
7 Criterion 2: Federal Voting Rights Act (FVRA),
Section 2
• Prohibits the denial or abridgement of voting rights on the basis of race or language minority status. (42 USC § 1973) • FVRA defines “language minority” as Asian, Native American, Alaskan Native or Spanish heritage. Does not apply to other language groups.
• Prohibits practices that have the purpose or effect of discriminating on the basis of race or language minority status.
• Applies nationwide, to ALL jurisdictions that conduct elections.
8 FVRA and Districting: Vote Dilution
• Electoral systems can limit the “ability to elect a candidate of choice” by a protected class of voters in various ways:
• Example: at-large election systems can sometimes prevent even a large minority group from electing a candidate of choice, when the majority votes against them.
• Example: single-member districts can be drawn in ways that minimize voters’ ability to elect a candidate of choice.
• Systems that limit ability to elect in this way are said to “dilute” minority voting strength.
9 FVRA Section 2: Methods of Vote Dilution
• A districting plan can dilute minority voting strength through two main ways:
• “Cracking”
• Dividing up a politically viable population concentration so it doesn’t constitute a majority in any district.
• “Packing”
• Drawing high proportion minority population into one district when it could be politically viable in more than one district 10 FVRA Section 2: Methods of Vote Dilution 11
“Cracking” “Packing”
Race and Districting
• Supreme Court opinions have limited the role that race can play in districting
• Race cannot be the predominant criterion in line drawing • Race should not subjugate “traditional districting principles” (Compactness, Contiguity, Communities of Interest)
• District appearance has been important in some cases. 12 Criterion 3: Contiguity
• Contiguity: A district in which all parts must be adjacent to another part
in other words...
• A district in which one may travel from any location to any other location without crossing the district boundary
• California law specifies that areas that meet only at the points of adjoining corners are not contiguous
and that:
• Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 13 Criterion 4: Communities of Interest (COIs)
• Council districts shall respect Neighborhoods and Communities of Interest as much as practicable.
• "Communities of Interest” generally refers to a contiguous population which shares common social and economic interests • Communities of Interest are not districts: they can be used as building blocks for districts
• There are no datasets readily available to define Communities of Interest (COIs)
14 Who Defines Communities of Interest? You DO!
• The law does not limit the kinds of interests that may bind a community.
• It is up to those who live in or work with communities to identify and establish the interests that unite it.
• Interests need not be limited to current situation, but can also include common goals.
• Interests should not include affiliation with political party or candidate • Communities of Interest vary in size: mostly much smaller than districts.
• The City will need your input to define Communities of Interest in Hayward!
15 Common Interest Examples:
• Economic interests:
• Current situation -- common employment or economic opportunities (or lack thereof).
• Goals -- expanding opportunities, development, bringing in businesses and jobs, etc.
• Social interests:
• Current -- schools, culture, transportation, parks
• Goals -- improving recreational opportunities or public safety, preserving historic resources, etc.
• Neighborhoods are often thought of as Communities of Interest 16 How to document your COI
Please answer the following questions:
• What bonds your community?
• Outline what defines the COI:
• What is your mission or commonality?
• Explain what is different outside of the boundaries of your Community of Interest
• Where is your community located in the City?
• Create a map of the boundaries (use Google maps, GIS/mapping program, paper, etc.)
• Write down the boundaries
• Residents will also receive instructions on how to use the State’s Community of Interest tool to map their COIs and submit them to the City.
17 Criterion 5: Compactness
• Addresses the geography of the district
• There are many different ways to measure
• Assumed to “guard against all types of gerrymandering” “drastic departures from compactness are a signal that something may be amiss”
• Most common complaints come from appearances:
• Does a district look funny?
• “eyeball approach” “appearances do matter”
18 Components of a Districting
California Law outlines the process:
1. Website
2. 4 Hearings
3. Draft plan development
4. Posting requirements
5. Public Access (incl. Translations and Interpretation)
6. Public Input
19 Hearings/Meetings in more detail
• 5 Required Hearings, 2 Hearings must proceed the Draft map development
• Hearing 1: Consultant provides overview of the process and criteria; collect Communities of Interest and Public Comments • Hearing 2: Council begins to give direction for Draft Maps; Collect Communities of Interest
• After Hearing 2: Consultant works on various map options 20 Hearings/Meetings in more detail
• Hearing 3: Consultant presents visualizations; receives feedback and requests for changes to the visualizations
• After Hearing 3: Consultant works on various map options and draft(s)are posted online for comment
• Hearing 4: Feedback on the Draft Map(s), live adjustments can be made during hearing. Finalize the maps.
• Hearing 5: City Council approves the new districts
21 When and where are the Hearings?
Hearing 1:
May 14 – 5:30pm – City Hall, Council Chambers; 777 B Street, Hayward Focus: Comprehensive Project Overview, Education, Receive Public Input and Comments
Hearing 2:
May 28 – 6pm – City Hall, Council Chambers; 777 B Street, Hayward Focus: Brief Project Overview, Education, Receive Public Input and Initial Instructions for Draft Districts
22 Why should you participate?
• To make sure we know about your Community of Interest. • To give your community a voice and make sure it has equal access to the political process.
• To encourage citizens to register, vote, and remain politically engaged.
• To help shape a districting plan that provides communities a meaningful opportunity to elect candidates who represent their interests on issues that are important to their lives.
23 How to Get Involved
To participate in the process: please testify, submit written testimony, and/or send supporting information to the City
Please provide information about your Community of Interest, or other topics the City needs to know about as soon as possible. COIs should be submitted by May 29 to be considered in the Draft Maps. • Submit information at a hearing, by mail, or drop off at: City of Hayward, 4th floor, c/o City Clerk’s office; 777 B St, Hayward, CA 94541 • Via email: [email protected]
• Via Phone: (510) 583-4444
• Get information online: maphayward.org
24 Tools are available on our website
• Please check for links at maphayward.org:
• Online public districting Tool; to create your own district submissions
• Paper districting kit for printing and manual line drawing • Excel districting kit for creating district submissions • Community of Interest form to print and fill out
• Online Community of Interest Tool; to create a digital map and send us information about your COI
25 Thank you for participating!
Questions?
26 Hayward District FormationOutreach & Engagement Presentation May 14, 2024
Planned and Ongoing Outreach
• Launched districting webpage, www.maphayward.org/
• Translation and interpretation support
– Interpreters in Spanish, Mandarin, Vietnamese and Tagalog to be available at all public hearings upon request.
• Social media posts updated on a weekly basis, including set- up of boosted posts
• News articles posted online and shared with local media • Flyers promoting hearings and city-wide mailer
• Direct email & phone call outreach to community groups & organizations
Districting Website•Website went live on May 2•Website content provides in-depth information about the process and how the community can get involved.
Websitewww.maphayward.orgPhone(510) [email protected] Share Your Thoughts
Questions?