Law Offices of Michelle R. Jackson
34189 PCH, Suite 204
Dana Point, CA 92629
(949)606-2674
VIA CERTIFIED MAIL
May 25, 2023
Attn: City Council
City of Laguna Niguel
Laguna Niguel City Hall
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Re: Violations of the California Voting Rights
Dear City Council,
I write on behalf of my client, a community non-profit who is concerned about minority citizens residing and voting in the City of Laguna Niguel ("Laguna Niguel").
Laguna Niguel relies upon an at-large election system for electing candidates to its City Council. Moreover, a review of Laguna Niguel's voting results appears to illustrate that they are racially polarized, resulting in minority vote dilution. Therefore, Laguna Niguel's at-large elections violate the California Voting Rights Act of 2001 ("CVRA").
The CVRA disfavors the use of "at-large" voting since this method effectively prevents a protected class from having a sufficient opportunity to elect a candidate of choice. See generally Sanchez v Modesto (2006) 145 Cal App4th 660, 667. Further, these at-large election systems often result in the dilution or impairment of minority voters and their ability to elect candidates more representative of their neighborhoods by allowing a bare majority of voters to control every seat, not just a proportional majority of seats. See Thornburg v Gingles (1986) 478 U.S. 30, 46.
To find a violation, the CVRA only requires that there be a showing of racially polarized voting.
See Cal. Elec. Code § 14028 ("A violation of Section 14027 is established if it is shown that racially polarized voting occurs ..."). It is my client's position that Laguna Niguel's system of at-large elections dilutes the ability of Latinos, a protected class, to elect candidates of their choice or otherwise influence the outcome of Laguna Niguel's elections for its City Council Members.
During the last twenty (20) years, not a single Latino has been elected to the Laguna Niguel City Council. There also has not been a single Latino candidate in the past 20 years, despite Latinos currently comprising 17% of the population of Laguna Niguel, which is the second largest race and ethnicity population in the city. This lack of Latino participation in seeking 1 election to the city council is prima facie evidence of voter dilution on the part of the City. See generally Westwego Citizens for Better Government v City of Westwego 872 F2d 1201 (5 Cir. 989). There is a clear disconnect between the significant Latino population in Laguna Nigue nd the complete absence of Latinos on the City Council further evidencing the inheren discrimination of the elections process in Laguna Niguel.
In accordance with the above, it is respectfully requested that Laguna Niguel change the manner in which it elects councilmembers to its city council and adopt a district system. Please be advised that if we do not have some movement with regard to this issue by July 27, 2023, we will be forced to seek judicial relief on behalf of residents within the jurisdiction.
Sincerely,
Michelle R. Jackson