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HomeMy WebLinkAboutItem 7b. Introduce an Ordinance establishing Citywide Single Vote for Council Elections in 2026 and subsequent elections7 Item 7b Department: City Attorney Cost Center: 1500 For Agenda of: 1/13/2025 Placement: Public Hearing Estimated Time: 60 minutes FROM: Christine Dietrick, City Attorney SUBJECT: INTRODUCE AN ORDINANCE ESTABLISHING CITYWIDE SINGLE VOTE FOR COUNCIL ELECTIONS IN 2026 AND SUBSEQUENT ELECTIONS RECOMMENDATION Adopt an ordinance adding chapter 2.38, entitled “Citywide Single Vote Method of Electing City Councilmembers” to the San Luis Obispo Municipal Code, implementing a new method for elections of City Councilmembers and adopting regulations providing for the administration of City Council elections by Citywide Single Vote beginning in November 2026 POLICY CONTEXT In November 2024, the City Council approved a settlement of a California Voting Rights Act (“CVRA”) demand letter served on the City by attorney Kevin Shenkman on behalf of his client Southwest Voter Registration Education Project on February 17, 2023. Part of the settlement was agreement to a Stipulated Judgement under which the parties agreed that the City would transition to a “Citywide Single Vote” model for electing Councilmembers, beginning in the 2026 election cycle. The recommended action implements the settlement agreement and the Stipulated Judgement, ensuring the City’s compliance with its contractual and legal obligations. The ordinance is also consistent with the San Luis Obispo City Charter because it maintains an at-large system of electing Councilmembers, as required by the City’s Charter, Section 402. The transition to Citywide Single Vote is also consistent with the City’s Diversity, Equity and Inclusion Major City Goal, in that it advances voter equity and reduces the potential for unlawful minority vote dilution that otherwise may be associated with standard at-large elections systems. Finally, the recommended action also seeks to ensure that the County Registrar of Voters will be able to administer the new elections model as part of a consolidated electi on, consistent with historical practices to consolidate the administration of City elections with state and federal elections, which is considerably less expensive, more convenient for voters, and more efficient than the City running its own separate municipal elections. As Page 503 of 525 Item 7b such, the recommended action is consistent with the City’s Cultural Vitality, Economic Resiliency and Fiscal Sustainability Major City Goal. DISCUSSION Background The Council authorized staff to enter into settlement negotiations throughout 2023 and 2024 to reach a mutually beneficial settlement of the CVRA demand. Council ultimately approved the settlement that is the basis of the currently recommended action in November of 2024. The staff report and more substantial background discussion can be reviewed here. The San Luis Superior Court approved the Stipulated Judgement that was part of the settlement on January 27, 2025. The recommended ordinance adoption is the next step in the implementation of the settlement agreement and Stipulated Judgement and ensuring a smooth transition and implementation of the Citywide Single Vote. In short, the recommended ordinance formally establishes Citywide Single Vote as the method of electing City Councilmembers in 2026 and subsequent elections. The ordinance would codify the local legal structure for the City to move from the current “vote-for-two candidates to elect two Councilmembers” model, to a “vote-for-one candidate to elect two Councilmembers” model, whereby the top two candidates receiving the most single votes are elected to Council. The ordinance also includes ballot instructions to ensure clear direction to voters and adds clarity for the elections official administering City Council election s regarding implementation of the Citywide Single Vote system. The ordinance clarifies and resolves inconsistencies between the generally applicable Elections Code ballot language and the specific ballot language necessary to implement the new system. Pursuant to the California Government Code Section 36937 and California Elections Code Section 9235, elections ordinances take effect immediately upon adoption and do not require the 30-day waiting period generally applicable to ordinance adoption. Public Engagement Since approval of the settlement and Stipulated Judgement by the City Council and the Superior Court, respectively, staff has been working to develop a robust public outreach, education and engagement plan. Voter education is already underway and will continue, expanding significantly as the 2026 election nears. City staff will present an overview of the outreach plan at a City Council meeting on January 20, 2026. In November 2025, staff presented and recorded a significant Candidate Education Forum in collaboration with the Latino Outreach Council to ensure that current and prospective voters and prospective Council candidates are aware of and have access to information and resources about the new elections system well in advance of the 2026 Page 504 of 525 Item 7b election. That presentation recording and other information and resources can be accessed here www.slocity.org/SingleVote. CONCURRENCE The City Clerk concurs with the recommendation. ENVIRONMENTAL REVIEW The adoption of the recommended ordinance is a policy measure and does not have any foreseeable impact on the environment and is therefore exempt from environmental review. FISCAL IMPACT Budgeted: Yes Budget Year: 2025-26, 2026-2027 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $90,000 $0 $0 State Federal Fees Other: Total $ $90,000 $0 $0 As a part of the adoption of the 2025-27 Financial Plan, Council approved a total of $120,000 to support community outreach and engagement for the transition to Citywide Single Vote system with $90,000 in the 2025-26 Fiscal Year and $30,000 in the 2026-27 Fiscal Year. As noted, an overview of the plan will be presented at the January 20, 2026 City Council meeting. ALTERNATIVES The recommended ordinance adoption is a necessary step to implement the settlement agreement and stipulated judgement to which the City previously agreed, so there is not a realistic alternative to adoption, although Council may direct modifications to clarify or amplify provisions of the ordinance consistent with prior commitments. ATTACHMENTS A - Draft Ordinance adopting adding Chapter 2.38 to the Municipal Code to implement and provide regulations for administration of Citywide Single Vote B - Prior staff report regarding the settlement recommendation and related actions here Page 505 of 525 Page 506 of 525 O ______ ORDINANCE NO. _____ (2026 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING CHAPTER 2.38, TITLED “CITYWIDE SINGLE VOTE METHOD OF ELECTING CITY COUNCILMEMBERS” TO THE SAN LUIS OBISPO MUNICIPAL CODE, IMPLEMENTING A NEW METHOD FOR ELECTIONS OF CITY COUNCILMEMBERS AND ADOPTING REGULATIONS PROVIDING FOR THE ADMINISTRATION OF CITY COUNCIL ELECTIONS BY CITYWIDE SINGLE VOTE BEGINNING IN NOVEMBER 2026 WHEREAS, the City of San Luis Obispo is a charter city duly established by the voters of the City of San Luis Obispo pursuant to Article XI of the Constitution of the State of California, and governed by its duly adopted Charter, including Article III (“Elections”) and Article IV (“The Council”); and WHEREAS, pursuant to the California Constitution, Charter cities have broad plenary powers to make and enforce all ordinances and regulations regarding municipal affairs, which supersede any conflicting state laws that may otherwise apply to municipal affairs; and WHEREAS, the California Constitution, Article XI, Section 5(b) expressly and specifically establishes “conduct of city elections” as a municipal affair over which the City has plenary constitutional authority to regulate “…the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed”; and WHEREAS, the San Luis Obispo City Charter, Section 402 provides that “The Council Members shall be elected at the general municipal election from the City at large, two being selected biennially”; and WHEREAS, on February 17, 2023, the Southwest Voter Registration Education Project (“SVREP”) served the City with a letter asserting that the City’s existing at -large election system may violate the California Voting Rights Act (CVRA), Elections Code sections 14025 et. seq. and demanding that the City transition to district elections, which are not provided by the City Charter; and WHEREAS, following settlement negotiations, the City and SVREP entered into Pre-Litigation settlement agreement and a Stipulated Judgment in San Luis Obispo County Superior Court, Case No. 24CV-0797, requiring the City to transition to a new election method known as “Citywide Single Vote”, which is consistent with the City Charter and within the remedial authority of the superior court pursuant to California Elections Code Section 14029 (see Pico Neighborhood Assn. v. City of Santa Monica (2023) 15 Cal.5th 292); and Page 507 of 525 Ordinance No. _____ (2026 Series) Page 2 O ______ WHEREAS, pursuant to the Stipulated Judgment, beginning with the November 2026 election, the City shall implement a new method for the election of City Councilmembers utilizing Citywide Single Vote, whereby each voter in the 2026 City Council election, in order to elect the two City Council seats, will cast a single vote for City Council, and the two candidates receiving the highest number of single votes will be elected; and WHEREAS, the City Council has determined it to be necessary and efficient to adopt an ordinance formally providing for the establishment and implementation of Citywide Single Vote. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The recitals set forth hereinabove are hereby adopted as the findings of the City Council and the City Council makes the following additional findings of fact, and interpretations of City Charter and Municipal Code, in support of its adoption of this Ordinance: a) Implementation of the Citywide Single Vote method of elections for San Luis Obispo City Councilmembers is consistent with the City Charter’s requirement that Councilmembers be elected “at-large” and does not require a Charter amendment. b) San Luis Obispo City Charter Section 301 provides that, “Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may hereafter be amended” (emphasis added); c) San Luis Obispo Charter Section 301, and the California Constitution, expressly authorize the City Council to adopt ordinances providing for the conduct of its local municipal elections in a manner and pursuant to regulations that differ from otherwise applicable provisions of the California Elections Code. d) Adopting an ordinance providing for the implementation and administration of Citywide Single Vote and codifying this ordinance in the Municipal Code advances public transparency, compliance with the Stipulated Judgment, and clarity for voters, candidates, and election officials as to the manner and method of election of San Luis Obispo City Councilmembers and the direction of the Council as to applicable regulations for the conduct of elections for San Luis Obispo City Councilmembers under the Citywide Single Vote election method. e) The regulations adopted herein are intended to be and shall be applied and interpreted as the direction of the City Council of the City of San Luis Obispo to the City Clerk/Elections Official, County Registrar of Voters/County Elections Page 508 of 525 Ordinance No. _____ (2026 Series) Page 3 O ______ Official, to the extent authorized by law and/or judicial decree, and/or to any other elections official or personnel administering City of San Luis Obispo Council elections by or on behalf of the City of San Luis Obispo. SECTION 2. Addition to Municipal Code. Chapter 2.38, “CITYWIDE SINGLE VOTE METHOD OF ELECTING CITY COUNCIL MEMBERS” is hereby added to the San Luis Obispo Municipal Code to read as follows: Chapter 2.38 CITYWIDE SINGLE VOTE METHOD OF ELECTING CITY COUNCIL MEMBERS Section. 2.38.010 - Purpose Section. 2.38.020 - City Council Elections by Citywide Single Vote Established Section. 2.38.030 - Mayor to Remain Separately Elected Section 2.38.040 - Ballot Format and Instructions to Voters Section 2.38.050 - Authority as a Charter City Section 2.38.060 - Liberal Construction and Severability Section 2.38.070 City Council Clarification or Technical Modification Section. 2.38.010 Purpose. The purpose of this chapter is to establish and provide the means and methods for administration for the Citywide Single Vote election method for the election of City Councilmembers, consistent with the California Constitution, Article XI, the City Charter Articles III and IV, the California Voting Rights Act (Elections Code §§ 14025 et seq.), and the Stipulated Judgment entered in Southwest Voter Registration Education Project v. City of San Luis Obispo (San Luis Obispo Superior Court Case No. 24CV-0797, as it currently exists or may hereafter be amended from time to time , referred to as “Stipulated Judgment”, herein). Section. 2.38.020 City Council Elections by Citywide Single Vote Established. A. Notwithstanding any law to the contrary, beginning with the November 2026 general municipal election, and for all subsequent elections, unless subsequently modified by Charter amendment, court order, or Council action pursuant to this chapter and the Stipulated Judgment, elections for City Councilmembers shall be conducted using Citywide Single Vote, as set forth in this section. B. The method of election for City Councilmembers shall be Citywide Single Vote as follows: 1. Each qualified voter in the City shall be entitled to cast one vote for one candidate from the group of qualified candidates for City Council. 2. The two candidates receiving the highest number of votes shall be elected. Page 509 of 525 Ordinance No. _____ (2026 Series) Page 4 O ______ Section. 2.38.030 Mayor to Remain Separately Elected. There shall be no changes to the manner and method of election of the Mayor. Pursuant to City Charter Sections 402 and 404, the Mayor shall continue to be elected at-large by all City voters every two years, for a two-year term, and each qualified voter shall be entitled to cast one vote for Mayor. Section 2.38.040 Ballot Format and Instructions to Voters. A. Notwithstanding any law to the contrary, for City Council elections, the ballots shall be printed as follows: 1. The group of candidates to be voted on shall be preceded by the designation of office for which they seek election, stated as “San Luis Obispo City Council Member” 2. Following the designation of office to be voted on, but preceding the group of candidates for the office, the ballot shall include the instruction “vote for only one” 3. Under the group of candidates shall be printed one blank space, defined by a light line, so as to permit one write-in candidate as an alternative to selecting a candidate from the group listed on the ballot. B. The City shall prepare materials for the official voter information guide to be presented to the elections official responsible for administration of the City Council election, whether separate or consolidated, that explain the Citywide Single Vote method of voting, including the limitation to vote for one candidate, that the two candidates receiving the most single votes will be elected, and that voting for more than one candidate will result in an “overvote” and will preclude the ballot with an overvote from being counted. Section 2.38.050 Authority as a Charter City. Pursuant to its authority as a Charter City, this Chapter is intended to and shall govern the presentation of candidates and voter instructions for San Luis Obispo City Council municipal elections, notwithstanding Elections Code Section 13210 or any other elections statute or regulation that would otherwise govern the subject matter of a City Council election, or that may conflict with this Chapter or otherwise interfere with or preclude the conduct of the Citywide Single Vote method of electing City Councilmembers as provided by this Chapter. Section 2.38.060 Liberal Construction and Severability. This chapter shall be liberally construed to promote its objects and the intention and direction of the City Council to implement and support the administration of its City Page 510 of 525 Ordinance No. _____ (2026 Series) Page 5 O ______ Council elections by the Citywide Single Vote method of election. No error, omission or irregularity shall invalidate an election if there has been a substantial compliance with this chapter as determined by the City Council. If any section, subsection, sentence, or clause of this ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 2.38.070 City Council Clarification or Technical Modification. The City Council may, by ordinance or resolution, provide such clarification, technical or procedural modification, or minor wording changes as may be deemed necessary or convenient to support and facilitate the administration of the Citywide Single Vote method of City Council elections, in consultation with the elections official administering City Council elections. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published a t least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 13th day of January, 2026, on the following vote: AYES: NOES: ABSENT: __________________________ Mayor Erica A. Stewart ATTEST: _______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 511 of 525 1 Citywide Single Vote Ordinance January 13, 2026 Christine Dietrick, City Attorney 2 Background ➢In February 2023, Southwest Voter Registration Education Project (SVREP), served a demand letter on the City under the California Voting Rights Act (CVRA), asserting that the City's current at-large method of electing City Councilmembers violates CVRA by diluting the ability of Latinae voters to elect their preferred candidates, and demanding that the City transition to district elections to address that alleged violation. ➢After conducting demographic analysis, the City disputed that its current system violated CVRA, but the only alternative to implementing district elections would have been to reject the CVRA demand and risk litigation. ➢The City Council authorized staff to enter settlement negotiations, which continued throughout 2023 and 2024. ➢The City's objective was to reach a mutually beneficial settlement that would advance shared equity objectives and avoid wasteful and potentially significant litigation expenses. 3 Background ➢The Council met in closed session to discuss CVRA related matters on March 7, 2023; May 16, 2023; August 14, 2023; September 12, 2023; December 6, 2023; February 20, 2024; May 21, 2024; November 12, 2024, September 16, 2025. ➢With the guidance of outside legal counsel expert in election matters and a professional elections data analyst, the Council thoroughly considered alternatives that included rejecting the CVRA demand, implementing district elections, and transitioning to an alternative method of elections. ➢The Council met in open session on November 19, 2024, to consider public input on the recommended Single Vote alternative and, ultimately, to approve the pre-litigation settlement agreement. 4 Why Did the City Agree to Switch ❖Council reviewed analysis that showed that the largest minority group living in San Luis Obispo –the Latine community –is not concentrated to any specific geographic areas, and dividing the city into districts could diminish coalition building capacity and adversely affect this minority group of voters’ opportunity to elect their preferred candidates. ❖The City Council ultimately approved a settlement agreement in November 2024 with the Southwest Voter Registration Education Project to convert to “Citywide Single Vote”. This helped the City avoid costly litigation to taxpayers while advancing shared voter equity goals to ensure that minority votes are not diluted. 5 Settlement Components The components of the settlement negotiated over nearly two years include: 1.Transition from the current “vote for two to elect two” Council Members election process to a single vote, “vote for one to elect two” system, to be called “Citywide Single Vote” beginning with the November 2026 election and in all subsequent elections. 2.Agreement to share data and analyses following the 2026 and 2028 elections to evaluate the effectiveness of the new system as compared to a hypothetical district election model proposed by SVREP. 3.A process by which the Council will consider a transition to district elections if subsequent data analyses following the 2026/2028 elections shows that the purpose and objectives of CVRA are not being achieved under the Citywide Single Vote model and would be more effectively achieved under the hypothetical district election model. 4.A dispute resolution process if the parties cannot agree on the conclusions reached from 2026/2028 post-election data analyses and/or if the Council declines to implement districts that both parties concur are supported by the data analyses. 5.Limitation of costs and plaintiffs’ attorneys’ fees to be borne by the City related to agreed upon dispute resolution processes. 6 Settlement Components 6.Agreement that SVREP will not be required to serve a subsequent demand letter on the City, and that the City will waive any objection to the standing of SVREP to sue, in the event that all dispute resolution processes under the settlement agreement are exhausted without resolution and SVREP determines it needs to proceed with a CVRA lawsuit following the outcome of the 2026/2028 elections analyses and settlement processes. 7.City commitment to voter education and outreach efforts and programs to enhance diverse candidate and voter education, development, and participation in local elections. 8.Ability of the City to implement district elections at any time it may determine districts to be an effective structure for the City based on evolving data and demographics analysis, and to be relieved of future obligations under the settlement agreement in the event the City does transition to districts. 9.Payment of attorneys’ fees ($75,000) to SVREP to compensate for its costs of participation to date in negotiations with the City to avoid litigation. 10.Agreement to limited payments to SVREP to offset its costs of participation in future data analyses of the 2026/28 elections and support it may provide to the education and outreach efforts (not to exceed $10,00 per election cycle). 7 Charter Authority ➢The ordinance being brought to Council is consistent with the City Charter’s requirement that Councilmembers be elected “at-large.” ➢The San Luis Obispo City Charter, Section 301, provides that all elections will be held in accordance with the provisions of the Elections Code of the State of California, unless otherwise provided by an enacted ordinance. ➢The San Luis Obispo City Charter and the California Constitution also expressly authorize the City Council to adopt ordinances providing for the conduct of local municipal elections in a manner that differs from otherwise applicable provisions of the California Elections Code. 8 What is Citywide Single Vote Current •Each resident votes for their top candidate for Mayor and their two top candidates for Council Member. The two candidates with the most amounts of votes win the seats. Starting in 2026 •Each resident votes for their top candidate for Mayor and their top one candidate for Council Member. The two council candidates with the most amounts of votes win the seats. •The Mayor continues to be elected to a two-year term and Council Members continue to be elected to four-year terms. •Every two years, there continue to be one Mayor seat and two Council Member seats up for election. 9 What Are the Benefits of Citywide Single Vote? ➢The new system is consistent with the City's Charter because it remains an at-large method of electing Council Members. ➢Simplest, fairest, and most effective way to strengthen equitable voting in our community. ➢Non-majority groups of voters who vote cohesively have an opportunity to elect a preferred candidate by concentrating their voting power behind a chosen candidate, mitigating against the risk of illegal vote dilution. ➢Every voter still has a say in every City Council election. ➢Citywide Single Vote supports coalition-building across neighborhoods and areas throughout the City. ➢The method is simple and easy for voters to understand. ➢The method is legally recognized, low-cost to implement, and compatible with County administration of City elections. ➢The Citywide Single Vote method aligns with San Luis Obispo's goals to increase access to local government and create a greater sense of belonging and representation. 10 Advantages of Citywide Single Vote Over District Voting ➢No geographic barriers to selecting candidate of choice and Citywide coalition building; in other words, every voter gets to choose among all candidates running for Council,versus being limited to choosing only among candidates who live in the voter's particular district. ➢Current practice for a significant number of voters based on past voting data. ➢Every voter gets to vote in every election (every two years) for both Mayor and a Council seat, versus voting for a Council seat only in every other election (every four years) in a district election model. 11 Ordinance Summary ➢The recommended ordinance formally establishes Citywide Single Vote as the method of electing City Councilmembers in 2026 and subsequent elections. ➢The ordinance codifies the local structure for the City to move from the current “vote-for- two candidates to elect two Councilmembers” model, to a “vote-for-one candidate to elect two Councilmembers” model, whereby the top two candidates receiving the most single votes are elected to Council. ➢The ordinance provides ballot instructions to ensure clear direction to voters and adds clarity for the elections official administering City Council elections. For City Council elections, the ballot shall include the instruction “vote for only one.” •The ordinance clarifies and resolves inconsistencies between the generally applicable elections code ballot language and the specific ballot language necessary to implement the new system. 12 Why the Ordinance is Recommended ➢The recommended action brought before Council implements the settlement agreement and the Stipulated Judgment, which ensures the City’s compliance with its contractual and legal obligations. ➢This recommended action also ensures that the County Registrar of Voters will be able to administer the new elections model as part of a consolidated election, which is consistent with historical practices. •The County Elections Official, along with staff in the County Counsel’s Office, have reviewed the draft ordinance and provided feedback which has been incorporated. ➢Adopting an ordinance advances public transparency and provides clarity for voters, candidates, and election officials as to the manner and method of City Councilmember elections and the direction of the Council as to applicable regulations for the conduct of elections under the Citywide Single Vote election method. ➢The recommended action is also consistent with the City’s Diversity, Equity and Inclusion Major City Goal, as well as the City’s Cultural Vitality, Economic Resiliency and Fiscal Sustainability Major City Goal. 13 Citywide Single Vote andChallenges to the Federal Voting Rights Act ➢Louisiana v. Callais, pending for decision in the United States Supreme Court this term. ➢Redistricting case out of Louisiana that has been argued and could be decided at any time. ➢Raises numerous complex issues including the propriety of any consideration of race in drawing electoral districts, the proper interpretation of the threshold criteria set forth in Thornburg v. Gingles for determining a violation of Section 2 of the federal Voting Rights Act,and, perhaps, the constitutionality of Section 2 itself. ➢The case does not concern alternative electoral systems such as cumulative or limited voting such as Citywide Single Vote. ➢The case could have a subsequent impact on the interpretation of the CVRA, but should not impact the City's implementation of Citywide Single Vote. 14 Next Steps 1.City staff have been working to develop a robust public outreach, education and engagement plan, which will be presented in greater detail at the next City Council meeting on January 20, 2026. 2.Voter education is already underway, as seen in November 2025 at the Candidate Education Forum in collaboration with the Latino Outreach Council. 3.As the 2026 election approaches, voter education efforts will significantly expand through a three-phased, multimedia, bilingual strategy: Phase 1 January – June: What’s changing & why Phase 2 June – September: How to participate successfully Phase 3 September – November: How to vote successfully 15 Questions?