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Fresno Unified discusses changing election process

Published online on Thursday, Aug. 27, 2009

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Fresno Unified School District trustees Wednesday discussed the state's Voting Rights Act and whether the district should change how school board members are elected in order to avoid lawsuits, such as the one filed against Madera Unified last year.

Mary Beth de Goede, the district's legal counsel, presented a number of alternatives, including by-district elections and a study on past voting practices. The discussion also looked at whether the district should wait until the 2010 census, which could require that trustee-area boundaries be drawn again. The board took no action.

The district elects trustees at-large but divides the district into trustee areas, requiring trustees to live in areas they represent, described by de Goede as a "hybrid system." For example, a voter in the Bullard High area can vote for a trustee who will serve the Roosevelt High neighborhood.

Many districts are changing the way they are electing candidates to comply with the California Voting Rights Act of 2002. It requires public agencies to allow elections by districts if it's proven that at-large elections -- in which all voters can vote for any candidate -- lessen the chances for a minority candidate to win.

For decades, Hispanic activists have pushed for the change, saying candidates favored by minorities lose elections to white candidates who have the money to finance large, citywide campaigns.

In other action

The board approved moving forward on the issuance of $41.4 million in construction bonds. The district was allocated $41.4 million in qualified school construction bonds this year as part of $8.8 billion in federal economic stimulus funds set aside for 100 school districts serving the largest number with children below the poverty level. The bonds will be issued at a zero interest rate and will allow the district to provide $18.1 million in additional projects with no impact to taxpayers. They are expected to be issued Oct. 22 under the district’s Measure K authority to fund facilities improvements and will be paid back in 15 years.
The vote was 6-0 with board member Carol Mills abstaining raising questions about the draft resolution. Mills also said that backup material wasn’t provided to her until Tuesday.

"It's difficult to assess whether voting has been polarized," de Goede said. She said a study of past voting patterns and demographics would have to go back years at a cost "in the six figures."

"At the very least, a study should be done," said trustee Larry Moore.

Trustee Janet Ryan noted that there is not one "full-blooded" Hispanic on the board in a community with a large Hispanic population. Trustee Valerie Davis is part-Hispanic.

"I don't see if we do a study, that it's going to find anything other than we have to change. ... I don't want to spend millions of dollars defending ourselves," Ryan said.

The San Francisco-based Lawyers' Committee for Civil Rights has been filing lawsuits challenging at-large elections, including against Madera Unified, and has pushed for by-area or district elections. Madera Unified settled the lawsuit and changed its election process this year. Hanford Joint Union High School District also changed to voting by district after it was sued in 2004.


The reporter can be reached at tcorrea@fresnobee.com or (559) 441-6378.

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