Archives: FAQs

Does the City have a choice between 4 or 5 districts? What input can community give regarding 5 districts? What input can we make to ensure City investigates 5 districts thoroughly, as opposed to 4 districts?

Article IV, Section 2 of the Charter provides that “all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided by law.” Thus, Staff has concluded that under this provision, a vote of the people is not required to change to district-based elections for the four … Continued

The cost of running for office disadvantages certain members, in particular Latino members, of the community. Will the cost of running for office in either a district or citywide election be one of the considerations in court and is that something the City will also consider?

This is a matter for further public input and discussion by the City Council as it considers the composition of the electoral districts.

Will attorney Shenkman be required to prove that he spent $30K before the City is required to reimburse him?

Mr. Shenkman must provide documentation to back up the demand, but in past cases the documentation has not been very specific and the fees have been negotiated.

The City of Encinitas spent $150K on the attorneys and $45K on the demographer and $30K to reimburse plaintiff. Should we expect similar costs? Any others?

The City’s outside counsel advises that those figures appear to be realistic for the demographer and the plaintiff. Fees for the City’s attorneys would likely be less, since minimal travel time would be required.

Are the districts set by population or registered voters? If population, wouldn’t that create significant disparity of registered voters over the districts?

Districts are set by total population. It can create a significant disparity, but that is the basis that has been approved by the courts, including—most recently—the Supreme Court in Evenwel v. Abbott. The chief exception is that prisoners can be excluded from the population base.

Could this process force the City to do a 2018 election under any scenario?

Staff is not aware of any circumstance that would require the City to hold an election for City Council in 2018.

Do we need to collapse the 2020 and 2022 elections? How does it work when only three of the 5 positions are up in 2020?

No. The seats just rotate in. Each current member of the Council serves out the rest of the term to which he or she was elected, and then must run for re-election in the districts. It potentially gets a little more complicated if two councilmembers are paired in a single district, but everybody still serves … Continued

If the City is sued, could the City appeal to the judge to give us a five year period to come into compliance and demonstrate increased diversity on the Council?

Once a lawsuit is filed under the CVRA, we do not believe there is any authority for a judge to stay the case for five years; even if a judge is willing to approve a five-year transition period, it seems unlikely that this would be a basis for refusing to award the plaintiffs their attorney’s … Continued

How does the timing of the City’s decision play into likely outcomes?

If the City transitions to district-based elections within the timeline established by the CVRA, the City will be liable for the attorney’s fees of the potential plaintiffs, capped at $30,000. If the City chooses not to make the transition within that timeline but does so after being sued, it is possible that the City will … Continued