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CORRESPONDENCE - 65B
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CORRESPONDENCE - 65B
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3/7/2018 7:47:41 AM
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City Clerk
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65B
Date
3/6/2018
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ASIAN MAI RICANS <br /> S .ADVANCING <br /> JUSTICE , <br /> LOS ANGELES <br /> March 6, 2018 <br /> VIA CERTIFIED MAIL <br /> Maria D. Huizar <br /> Clerk of the Council Office <br /> City of Santa Ana <br /> 20 Civic Center Plaza, 8th Floor <br /> Santa Ana, CA 92701 <br /> Dear Ms Huizar, <br /> On behalf of individuals who are Asian American voters in Santa Ana,we write to advise the <br /> City of Santa Ana(the"City"or"Santa Ana")that its"at-large"election system violates the <br /> California Voting Rights Act("CVRA"), Cal.. Elec. Code § 14025 et seq. and that in order to <br /> avoid litigation,the City must convert to another election system in compliance with state and ' <br /> federal law. t <br /> At-large voting is defined by the CVRA as"a method[] of electing members to the governing : ;rl j , <br /> body of a political subdivision. , . in which the voters of the entire jurisdiction elect the <br /> members." Cal. Elec. Code § 14026. Such systems have historically been used to disenfranchise <br /> citizens on account of their race or ethnicity. The CVRA provides a private right of action in <br /> such circumstances where an at-large election system 'impairs the ability of a protected class to - <br /> elect candidates of its choice or its ability to influence the outcome of an election."'Sanchez v <br /> City of Modesto, 145 Cal. App. 4th 660, 667 (Cal.App, 5th Dist. 2006)(citing § 14027). I <br /> In Santa Ana, the at-large election system has impaired the ability of the Asian American <br /> community to elect candidates of its choice. According to the 2011-2015 American Community <br /> Survey, the Asian American citizen voting population in the City of Santa Ana is approximately`, I <br /> 18%--yet no Asian American serves on Santa Ana's City Council. In the 2016 and 201.0 <br /> elections for City Council,Asian American candidates ran and lost. These candidates were <br /> preferred by Asian American voters but were defeated by non-Asian American voting blocs. <br /> This overall absence of any Asian American representatives on the City Council, despite able <br /> Asian American candidates and a sizeable Asian American voting population,provides <br /> compelling evidence that the City of Santa Ana is in violation of the CVRA. 1 t <br /> Pursuant to Cal. Elec. Code § 10010, in order to avoid a legal challenge,the City must pass a i <br /> resolution within 45 days outlining its intention to transition from at-large to district-based <br /> elections, allowing the Asian American population to elect candidates of their choice or ; t <br /> otherwise influence the elections; specific steps it will undertake to facilitate this transition, and ` }t <br /> an estimated time frame for doing so, We look forward to your response. <br /> Building upon the legacy of the Asian Pacific American Legal Center <br /> 1145 Wilshire Blvd.,2nd Floor,Los Angeles,CA 90017 7 213-977.7500 F 213.977-7595 www.advancingjustice-la.org <br />
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