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HomeMy WebLinkAbout11/19/2024 Item 7a, Latner TO: SLO City Council and Mayor Stewart FROM: Michael Latner, PhD. Professor of Political Science California Polytechnic State University, SLO I have reviewed Council Agenda Report Item 7a, published 11/14/2024 by City Attorney Christine Dietrick and outside legal counsel Marguerite Leoni, regarding the proposal for a “Citywide Single Vote” electoral system. This system would replace the city’s current system, commonly known as “Plurality Bloc Voting” (PBV) with a limited vote (LV) system where each voter has one vote to allocate in a citywide two -seat district, retaining the staggered format of electing two of four council seats every two years. This proposal is, in my professional opinion, a reasonable compromise between confiicting electoral engineering principles. There is an established body of empirical evidence demonstrating that moving from PBV to LV is an effective remedy for protecting racial and ethnic minorities from electoral system-induced vote dilution. Either voluntarily, or as a result of judgements or consent decrees brought under the federal Voting Rights Act, at least eighty-flve (85) jurisdictions, including city councils, count y supervisors, and school districts, across several states, have adopted some form of LV. Analyses of the adoption of LV have shown the results, in term of racial/ethnic representation, are comparable, and in some cases superior to, the adoption of single -seat districts (SSD), which has been the primary remedy adopted under compliance with the federal Voting Rights Act. A simplifled example demonstrates how LV protects the opportunity for minority voters to win seats compared to PBV. Imagine a jurisdiction with one hundred (100) voters, electing a two-seat assembly. There are 200 potential votes to distribute under PBV. A majority coalition of sixty (60) Caucasian voters split their support between candidates A and B, but would never vote for a Latino. A Latino minority coalition of forty (40) voters puts all of their support behind a single candidate (C). Under the current system (PBV), the flrst seat goes to A and the second to B (winners are in bold). The minority coalition can never win a seat as long as the majority coalition’s least preferred candidate gets at least 41 votes. Worse still, if the Latino coalition were to use both of their votes under PBV, either by running another candidate, or by voting for either A or B, it could further reduce the likelihood of electing candidate C. The discriminatory effect of the system is observable. Candidate votes (percent) System A B C PBV 66(41) 54(34) 40(25) LV 33(33) 27(27) 40(40) When the same candidates compete and voters choose their same top preferences under LV, candidate C wins the flrst seat, and candidate A wins the second. This is because the threshold of exclusion, which can be calculated as v/(M+v) where v = the number of votes each voter has, and M = the number of seats elected, lowers because v is “limited” or less than M. For a two-seat system, any candidate that gets more than 1/(2+1) = 33% of the vote under LV gets a seat. By contrast, a minority coalition as large as 49.9% of the electorate could be denied any seats under PBV, because v = M. Why not then elect all four council seats together, so that any coalition with 1/(4+1) = 20% of the vote is ensured a seat? Lowering the threshold of exclusion by increasing the number of seats on the council is worth considering, as the United States, and California in particular, have absurdly small council sizes compared to the rest of the world. This is in fact a relic of institutional racism, and the efforts of white Protestants to suppress th e political infiuence of Catholics and ethnic minorities in the early 20 th Century. However, it is also where the City Council must balance competing principles. While it is desirable to have a system that refiects the full diversity of the city, representing overlapping communities of interest (people of color, neighborhood preservation groups, service industry workers, students, the queer community, etc.) increasing the number of seats under LV also increases the probability that multiple candidates within a minority coalition split the votes of that coalition, which can result in all coalition candidates falling below the threshold of exclusion. In other words, more seats requires more coordination under LV. While there are systems that account for this shortcoming of LV, the two -seat option incentivizes a majority and a minority coalition to each put forward their single best candidate. Moreover, in electoral reform, it is generally advisable to adopt solutions that are narrowly tailored to remedy an observed injustice, one that gets the job done but doesn’t subject the system to major disruptions, such as drawing voters into single-seat districts or implementing more complex ballot structures. If the Council considers other alternatives, I would strongly urge against the adoption of single-seat districts. While single-seat districts can minimally represent geographically concentrated minorities, they tend to reduce electoral competition and political participation, and can allow a disbursed plurality to control every seat on the council, which is in part the problem you are trying to resolve. More permissive, multi-seat systems actually provide for geographic representation, if in fact geography is a salient political division within the city. To the degree that racially polarized voting emerges in the city of San Luis Obispo (I have seen no convincing evidence that such patterns are currently observed), the one-vote, two- seat solution is likely adequate to remedy potential vote dilution under such conditions. Perhaps as important, the adoption of Citywide Single Vote will set an example for other jurisdictions that are genuinely searching for a more equitable electoral system than PBV. Indeed, Citywide Single Vote might become a starting point f or the State of California to consider as a general alternative to both PBV and single -seat districts.