The Gilroy City Council will transition to district elections after receiving a demand letter under the California Voting Rights Act.
Following a scheduled presentation at the Feb. 24 meeting from City Attorney Andy Faber and outside counsel from the firm Hanson Bridgett LLP, the seven-member council unanimously adopted a resolution declaring the city’s intent to move from an at-large election system to a district-based election system.
The city has 90 days from that meeting to complete the transition—a process that, under the CVRA, requires the council to conduct at least five public hearings and adopt an official map that divides Gilroy into seven electoral districts.
That process will require the services of a contracted demographer and outside counsel, who together will use Census information and other data to advise city officials on the details of permissible district maps, according to city staff.
After the council adopts a new district map this spring, the first district elections for Gilroy City Council will be in 2026 and 2028.
Under a district-based election system, the city is divided into separate districts, each with one council member who lives in that district and is elected only by voters who live in that district.
Under the at-large system under which Gilroy has always operated, every voter throughout Gilroy has the opportunity to vote for all city council seats that are on the ballot.
The City of Gilroy received a letter Dec. 16, 2024 from attorney Kevin Shenkman of the Shenkman & Hughes firm alleging that the city is in violation of the CVRA due to the council’s at-large election system.
Shenkman’s letter alleges the city’s elections are currently characterized by “racially polarized voting,” which occurs when there is a correlation between the race or ethnicity of voters and their choice of candidates, as compared to the choice of candidates preferred by the rest of the electorate, says a city staff report.
The letter demanded that the city immediately begin the transition to a district-based election.
Attorney Kimon Manolius of Hanson Bridgett at the Feb. 24 meeting noted that many cities and special districts in California in recent years have received similar demand letters and subsequently chosen to transition to district elections. The Morgan Hill City Council and Morgan Hill Unified School District Board of Trustees have transitioned to district elections after receiving CVRA demand letters.
Minolius advised the Gilroy City Council that they could fight the demand in court, but it is difficult to win CVRA cases and the result of a loss could cost the city millions of dollars in attorneys’ fees and penalties. Faber told the council the only source of funds for a lawsuit or penalty is the city’s general fund.
The council thus supported the transition to district elections, even though city officials do not think the city is in violation of the CVRA.
“This is an economic and strategic decision to me,” City Council member Terrence Fugazzi said. “It’s not something we can fiscally entertain as a city as we go up to this losing battle.”
Other council members added as the transition process unfolds, they hope the city can accompany the new district elections system with more outreach that will encourage more people to run for office and ensure voters have options on every ballot.
“I’d like us to educate the public on what it is to be in public service and try to better your community so that we can get more people to run,” Council member Dion Bracco said. “It doesn’t benefit anybody if nobody is running for office.”
The first of the five required public hearings on the district-based election system was on March 3. Additional public hearings are scheduled for March 17, April 7, April 21 and May 5.
Council member Zach Hilton said the city may host additional town hall style meetings in addition to the required scheduled public hearings.
In April and May, city officials and a demographer will begin the process of crafting district map options that maintain communities of interest but also keep the city in compliance with voting laws.
Members of the public will have a chance to use online tools provided by the city to create their own map options to submit to the council for input.
Including the cost of a demographer’s services and outside counsel, the city expects the transition to district-based council elections to be between $117,500-$132,500.
