Introduction

The Fremont City Council has taken action to transition to a district-based voting system to select its councilmembers, replacing its current at-large election system.
The City Council is taking this action after receipt of a letter on February 15, 2017 by attorney Kevin I. Shenkman. Theletter states that Fremont’s at-large elections violate theCalifornia Voting Rights Act of 2001 (CVRA) and alleges that there is evidence of racially polarized voting in the City of Fremont electorate, resulting in minority vote dilution. Under the CVRA, minimal evidence of racially polarized voting can result in a court ordering a change from at-large voting to district-based voting, even if there is no evidence of an electoral injury.

Background

The City of Fremont currently uses an at-large election system in which all voters in the City have the opportunity to vote for candidates for all four councilmember seats and the mayor’s position. In a district-based election system, the City is physically divided into separate districts, and a candidate must live in the district he or she intends to represent. The Mayor's seat, however, could continue to be elected at-large. The Council will be determining this make-up within their first two public hearings scheduled for Tuesday, April 4 and Tuesday, April 18. (See complete schedule below in the table.)

Public Hearings

The number and make-up of the voting districts will be decided upon by the Fremont City Council through a minimum of five public hearings (see schedule below in the table) required by California Elections Code. All public hearings will take place at Fremont City Hall, in the Council Chambers, at 7:00 pm. as part of the regularly-scheduled City Council meeting.

These public hearings will give the Fremont community an opportunity weigh in on the composition of the districts during the first two public hearings. Then, district maps will be drafted and two additional public hearings will be held for the public to provide input on the draft maps and proposed sequence of elections. At the final public hearing, the City Council will vote to consider an ordinance establishing district-based elections.

In preparation for the first two public hearings regarding the consideration of the number of districts and boundaries, please find the following maps as resources. This information will be used to guide the conversation related to considerations the Council could take into account when identifying number and locations of districts for a district-based election system. 

Maps from the 1st Public Hearing held on April 4, 2017:

Total Population by 2010 Census
Total Population by Race/Ethnicity
Total Population by Neighborhood
Distribution of Housing Units by Neighborhood
Total Population by High School Attendance Area
Total Population by Elementary School Attendance Area
Staff Report andPresentation

Maps from the 2nd Public Hearing held on April 18, 2017:

Pieces Overview with accompanyingdatabase
Pieces and the City's Neighborhoods
Pieces and Fremont Unified School District (FUSD) High School Attendance Areas
Pieces and Fremont Unified School District (FUSD) Elementary School Attendance Areas
Pieces and the City's Business Districts
Population Estimates by Race/Ethnicity by Piece
Pieces and the City's Residential Units
Transit Oriented Development (TOD) Overlay and Transit Locations
Staff Report andPresentation

Draft District Mapsfor the 3rd Public Hearing to be held on May 2, 2017:
Brief Description of Draft Plan Characteristics
Tentative Election Schedule
Current Incumbency

Detailed Data for Draft Plan A
Draft Plan A Council Districts Map

Detailed Data for Draft Plan B
Draft Plan B Council Districts Map

Detailed Data for Draft Plan C
Draft Plan C Council Districts Map

Detailed Data for Draft Plan D
Draft Plan D Council Districts Map

Detailed Data for Draft Plan E
Draft Plan E Council Districts Map

May 2, 2017 City Council Meeting Agenda and Staff Report
Chinese
English
Spanish
Tagalog
Vietnamese
​Draft Maps A-E with High School Attendance Areas
Map with Citizen Voting Age Population
Map with Afghan Ancestry Population Estimates

Draft District Maps for the 4th Public Hearing to be held on May 16, 2017:
Draft Map Details
Draft Plan C-1
Draft Plan C-2
Draft Plan M

Draft Plans with Neighborhoods Color-Shaded
Draft Plan C-1, C-2, and M - D2 and D3 detail with Afghan Community Locations

Draft Plan C-2a - D2 and D3 detail with Afghan Community Locations

May 16, 2017 City Council Meeting Agenda and Staff Report
Chinese
Dari
English
Spanish
Tagalog
Vietnamese

Draft District Maps for the 5th Public Hearing to be held on June 6, 2017:

​Draft Plan C-1a Color-Shaded Districts
Draft Plan C-2b Color-Shaded Districts

Draft Plan C-1a Neighborhoods
Draft Plan C-2b Neighborhoods
Detailed Data Tables for Plan C-1a and C-2b plus incumbency table
Plan C-1a D2-D3 detail with Afghan Community Locations
Plan C-2b D2-D3 detail with Afghan Community Locations

June 6, 2017 City Council Meeting 

Agenda and Staff Report
Chinese
Dari
English
Hindi
Punjabi
Spanish
Tagalog
Vietnamese

June 6, 2017 Draft Ordinance Plan C-1a

Chinese
Dari
English
Hindi
Punjabi
Spanish
Tagalog
Vietnamese

June 6, 2017 Draft Ordinance Plan C-2b

Chinese
Dari
English
Hindi
Punjabi
Spanish
Tagalog
Vietnamese

June 13, 2017 City Council Meeting 

Agenda and Staff Report

Chinese
Dari
English
Hindi
Punjabi
Spanish
Tagalog
Vietnamese

Impact on California Cities
A number of cities in California have been sued since the CVRA was adopted in 2001, and none have avoided the mandate for district-based elections. There is a low threshold for plaintiffs to establish a valid claim under the CVRA, and if the plaintiff prevails, the city is required to pay the plaintiff’s costs. Awards in these cases reportedly have reached upwards of $3.5 million. Considering the significant costs to defend against a CVRA lawsuit and the fact that no city has prevailed, a majority of cities have voluntarily transitioned to district-based election systems.

On January 1, 2017, the California Voter Rights Act Reform (AB 350) became effective which allows cities a “safe harbor” following receipt of a CVRA demand letter. This provides 45 days of protection from litigation to assess the situation, and if a resolution declaring intent to transition to district-based elections is adopted within the 45-day period, then the potential plaintiff cannot file a CVRA action for an additional 90-day period, providing the City time to assess and implement a course of action.

Public Comment

Community members are also invited to provide input, comments, and feedback byemail. Comments received will be shared with the Fremont City Council as part of the public feedback at the hearings.