Larry Klein
Mayor
Richard Mehlinger
Vice Mayor
Alysa Cisneros
Councilmember
Murali Srinivasan
Councilmember
Linda Sell
Councilmember
Charlsie Chang
Councilmember
Eileen Le
Councilmember
August 11, 2026
The Honorable Buffy Wicks
California State Assembly
Chair, Committee on Appropriations
1021 O Street, Suite 8140
Sacramento, CA 95814
RE: Senate Bill 1164 (Cervantes): Elections – OPPOSE UNLESS AMENDED
Dear Chair Wicks,
On behalf of the City of Sunnyvale, we respectfully write to oppose SB 1164 (Cervantes) unless amended. The City strongly supports protecting every California voter’s right to participate fully and equally in the electoral process. However, as currently drafted, SB 1164 would create significant new legal and fiscal exposure for local governments, including Sunnyvale, that have worked diligently and in good faith to comply with the California Voting Rights Act (CVRA).
SB 1164 would repeal and replace the California Voting Rights Act of 2001 and substantially expand the local election policies and practices that may be challenged.
Among other changes, the bill would permit challenges to district maps and mixed district-plus-citywide election systems and establish new voter suppression and vote dilution causes of action.
The City is particularly concerned that the bill undermines the certainty that Sunnyvale and other local governments have relied upon after transitioning from at-large to district- based elections. Cities that invested significant public resources, engaged extensively with their communities, and modified their election systems to comply with existing law could immediately face another round of litigation over district boundaries, election sequencing, or governance structures. For charter cities such as Sunnyvale, the bill's broad definition of an "election policy or practice" also creates uncertainty regarding voter-approved charter provisions governing local elections. Sunnyvale voters approved Measure B in 2020 after an extensive public process, establishing district elections for six Councilmembers while retaining a directly elected citywide Mayor. As drafted, SB Attachment 1
T he Honorable Buffy Wicks, Chair, State Assembly Committee on Appropriations August 11, 2026
1164 could invite litigation challenging governance structures that were adopted in good faith to comply with existing voting rights law.
T
o address these concerns, the City respectfully requests the following amendments:
• Preserve a safe harbor for cities that have already transitioned to district - based elections. Election methods adopted before the bill's effective date in response to a CVRA demand letter, litigation, or voluntary compliance under existing law should not be subject to new vote dilution claims unless a plaintiff demonstrates that demographic conditions or voting patterns have materially changed since adoption. This would provide certainty for cities that have already made substantial investments to comply with the CVRA through extensive public outreach, charter amendments, and implementation of district -based election systems.
• Protect district-based systems with an elected citywide mayor. Clarify that the existence of an elected at -large mayor in an otherwise district -based election system cannot, by itself, establish or support a vote dilution claim. Without this clarification, charter cities with voter -approved governance structures may face unnecessary litigation despite having already transitioned to district -based council elections in response to the CVRA.
T
hese amendments would preserve meaningful protections for voters while providing local governments with clear, practical standards and recognizing the substantial efforts cities have already undertaken to comply with California law. They would also help avoid unnecessary litigation and allow scarce public resources to remain focused on delivering essential local services and maintaining accessible, fair elections. This approach also respects governance structures that have been approved by local voters while ensuring that future legal challenges are based on demonstrated changes in circumstances rather than uncertainty created by new statutory standards.
F
or these reasons, the City of Sunnyvale respectfully opposes SB 1164 unless amended to address the concerns outlined above. We welcome the opportunity to work with the author, sponsors, and the Committee to develop amendments that advance the bill's voting rights objectives while providing local agencies with clear expectations and a feasible path to compliance. Please do not hesitate to contact me or Sarah Johnson-Rios, Assistant City Manager, at [email protected] if you have any questions.
Attachment 1
The Honorable Buffy Wicks, Chair, State Assembly Committee on Appropriations August 11, 2026
Sincerely,
Larry Klein
Mayor
cc: Senator Dr. Aisha Wahab
Assembly Member Patrick Ahrens
City Council
Tim Kirby, City Manager
Sarah Johnson-Rios, Assistant City Manager
Attachment 1