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<br /> <br />1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 7 <br />Assembly floor, then on the Senate floor for concurrence of amendments before the bill makes its <br />way to the Governor’s desk. <br />RECOMMENDED AMENDMENTS <br />Keep the safe harbor for cities that have already converted <br />– The problem: Cities that did exactly what the 2001 act demanded, converting to district <br />elections, often at significant cost, are thrown back into the litigation pool the day this bill <br />takes effect, and the new anti-reversion rule (14033) locks them in. The bill's first targets <br />will be the jurisdictions that complied, not the holdouts. <br />– Recommended fix: Add to Section 14027(b): a method of election adopted before the act's <br />effective date in response to a notice letter or action under the CVRA of 2001, or by <br />conversion from at-large to district-based elections, is not subject to a claim under this <br />subdivision absent a showing that circumstances in the political subdivision have <br />materially changed since adoption. <br />– Rationale: It preserves the reliance interests of compliant jurisdictions such as Redwood <br />City while reserving the new act's full force for cities that never converted. Plaintiffs keep a <br />path where demographics or voting patterns have genuinely shifted, so no one with a real <br />claim loses anything. <br />Protect the districts-plus-elective-mayor structure <br />– The problem: Many cities' voters approved council districts paired with a citywide-elected <br />mayor, a structure state law expressly authorizes. Under the bill, the mere existence of the <br />citywide mayor's seat can anchor a dilution claim, and a court could strike a voter- <br />approved office. Redwood City is not directly exposed, because it selects its mayor from <br />council, but this is a live threat for districts-plus-elected-mayor cities and charter cities <br />statewide, and Redwood City should support the fix as part of the local-government <br />coalition. <br />– Recommended fix: Amend Section 14026(e) or add to 14027(b) to provide that a district- <br />based method that includes an elective mayor, as authorized by Sections 34871 and 34886 <br />of the Government Code, is treated as district-based for all purposes of this chapter, and <br />that the existence of an elective citywide office shall not, standing alone, establish or <br />support a finding of vote dilution. <br />– Rationale: Genuine dilution claims against a gerrymandered map remain fully available. <br />What comes off the table is the structural question of whether a city may have a citywide <br />mayor at all, which belongs with local voters, not with whichever plaintiff files first. <br />Fix the double demand-letter problem <br />– The problem: Every demand letter must be posted on a public state website. While a city <br />negotiates in good faith with the firm that sent the first letter, inside the process the bill <br />itself prescribes, a second firm can work from the posting and sue without warning. <br />Transparency becomes a solicitation channel. <br />7.D. - Page 13 of 17 <br />301