In 2016, San Marcos switched to electing City Council members by district.
What is the California Voting Rights Act?
The California Voting Rights Act of 2001 expands on the Federal Voting Rights Act of 1965 to help prevent disenfranchised voters. Enacted in 2002, the CVRA eliminated several key burden of proof requirements that exist under federal law and applies only to jurisdictions, like the City of San Marcos, that utilize “at-large” election methods, where voters of the entire jurisdiction elect the members of the City Council.
Since enactment, more than 130 entities—cities and school districts—have switched from at-large elections to district elections.
Does a candidate have to live in the district they hope to represent?
To be elected, a candidate must live within the boundary of the district they seek to represent.
Why did the City of San Marcos move to a by-district voting system?
The city has a strong track record of various racial and ethnic groups working together for the benefit of all such groups and the city as a whole. The City Council voluntarily decided to implement a by-district election system to protect the city’s taxpayers from the risk of future litigation for any alleged violations of the CVRA.
This decision is not based on any admission or concession that the city would ultimately be found to have violated the CVRA. However, due to the combination of the CVRA’s low burden to trigger mandatory districting and its mandatory attorneys’ fees provision, all CVRA cases that have been filed have ended with the defendant governmental agency implementing a district election system and making some sort of attorneys’ fee payment.
