Agda Pkt 2026.07.27 Joint SA PFA

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Page 3 of 6 City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org ANALYSIS SB 1164 (Cervantes) proposes to repeal and replace language in the California Voting Rights Act (CVRA). More than 30 civil-rights, voting-rights, and labor organizations support the bill. However, the bill raises several policy and implementation concerns. A more detailed memorandum from CPPG that includes lengthier background, analysis of potential impacts, and discussion of the proposed amendments in included as Attachment A. What follows is a summary of key points from that information. Current Law Under current law, the CVRA of 2001 prohibits a political subdivision from imposing an at-large method of election that impairs a protected class's ability to elect candidates of its choice or influence elections. Its reach is limited to at-large systems: a jurisdiction that converts to district-based elections exits the statute's coverage, which has functioned as a practical safe harbor. Government Code 34886 lets a city council adopt by-district elections by ordinance, including the four- or six-districts-plus-elective-mayor structure, without a vote of the people. Elections Code 10010 governs the conversion process: four public hearings, draft-map publication at least seven days before consideration, republication for seven days after revisions, and a notice-letter regime in which a prospective plaintiff must give 45 days' notice before suing, a city may protect itself for 90 further days by adopting a resolution of intention, and letter-writer reimbursement is capped at $30,000, CPI-adjusted. The seven-day map-publication rules exist today; they are not new to this bill. Outreach to non-English-speaking communities (which aligns with Redwood City’s language access objectives) is currently permissive. The FAIR MAPS Act imposes ranked criteria and process requirements on city and county redistricting. Impact on Redwood City and Recommended Amendments In 2019, following a demand letter, Redwood City voluntarily converted from at-large to by-district council elections. The City completed that transition without litigation and without any admission of liability. SB 1164 would newly create potential liability for Redwood City, and others like it the day it takes effect. Under the bill, any districting or redistricting plan is itself a challengeable method of election; the by- district structure that has served as a practical safe harbor is removed; courts owe the City's proposed remedy no deference and may act notwithstanding any other law; and the new anti-reversion rule locks the City's district system in place. Under SB 1164, the fiscal exposure to the City is significant. Statutory reimbursement per qualifying demand letter nearly doubles to a combined $75,000 plus CPI, defensive demographic and racially polarized voting analysis can cost $50,000 to $150,000 per cycle, a full city-side response to a single letter can run $150,000 to $500,000, and litigating a map or structure challenge under one-way fee shifting has cost comparable California cities anywhere from $1 million to more than $20 million. Support for the following amendments is proposed by staff to be included in the City’s communication of its position on the bill: 7.D. - Page 3 of 17 291