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83. - Page 11 August 3, 2018 Page 3 of 4 Factors other than "racially polarized voting" that are required to make out a claim under the FVRA — under the "totality of the circumstances" test -- "are probative, but not necessary factors to establish a violation of the CVRA. Elec. Code § 14028(e). These "other factors" include "the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at -large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns." Id. Redwood City's at -large system dilutes the ability of Latinos (a "protected class") — to elect candidates of their choice or otherwise influence the outcome of the City's Council elections. The City's election history is illustrative: during the past 15 years, there has been only one Latino/a that has emerged as a candidate for the Redwood City's Council. Opponents of fair, district -based elections may attribute the lack of Latinos vying for elected positions to a lack of interest in local government from the Latino community. On the contrary, the alarming absence of Latino candidates seeking election to the Redwood City's Council reveals vote dilution. See Westwego Citizens for Better Government v. City of Westwego, 872 F. 2d 1201, 1208-1209, n. 9 (51' Cir. 1989). As of the 2010 Census, Redwood City has a population of 75,815. According to recent data, Latinos comprise approximately 39% of the City's population. However, for at least the past 15 years, since 2003, there has been only one Latino/a (Ms. Alicia Aguirre) to serve on the Redwood City Council. Notably, Ms. Aguirre's tenure on the City Council began with an appointment to serve on the City Council in January 2005 — not an election — underscoring the inability of Latinos to elect in the first place a candidate of their choice. Therefore, not only is the contrast between the significant Latino proportion of the electorate and the virtual absence of Latinos to run for or be elected to the City's Council outwardly disturbing, it is also fundamentally hostile towards Latino participation. As you may be aware, in 2012, we sued the City of Palmdale for violating the CVRA. After an eight-day trial, we prevailed. After spending millions of dollars, a district -based remedy was ultimately imposed upon the Palmdale city council, with districts that combine all incumbents into one of the four districts. Given the historical lack of Latino representation on the Redwood City's Council in the context of racially polarized elections, we urge the City to voluntarily change its at -large system of electing City Council members. Otherwise, on behalf of residents within the