City appeals voting districts decision
Move could throw upcoming November election into question
Justmonths before the November election, Santa Clara is appealing a recent decision that di- rected the city to move from an at-large election system to one with six districts.
Themove could throwthe coming election into jeopardy. Regardless, it leaves would-be candidates with little concrete information about how to campaign in the immediate future.
“People just don’t relinquish power without fighting. I guess that’s the human instinct,” said Robert Rubin, the lawyer who brought the original case against the city.
Rubin, who has handled numerous similar cases across the state, had argued the city’s at-large systemdiscriminated against AsianAmericans, who have never won a seat on the City Council.
Santa Clara Superior Court Judge Thomas Kuhnle agreed, ruling the city must divide into districts. But both parties were allowed to submit proposed districtmaps and Kuhnle ultimately picked amap created by the city’s demographer.
“The court adopted amap that was drafted largely by their expert so it’s unclear exactly what they’re complaining about,” Ru- bin said.
But Wednesday, a lawyer for the city, Steven Churchwell, filed an appeal of Kuhle’s decision.
Churchwell did not immediately respond to a request for comment Thursday. Neither did Mayor Lisa Gillmor.
It’s unclear exactly what it means for the November election.
Kuhnle’s ruling makes clear the city cannot return to an at-large election system, but Santa Clara could still continue with the six- district option even as it appeals.
The Registrar of Voters had been busy preparing to run district elections in Santa Clara on an already tight timeline.
“The county is aware that a notice of appeal has been filed,” spokesman Eric Kurhi said. “We have no opinion on the matter and will comply with any court order that comes out of it.”
The appeals process typically takes at least several months. Other cities that have appealed similar rulings have lost their cases and wracked up millions of dollars in legal bills.
“I hope and expect that the city will go forward with its election preparations,” Rubin said, “and I hope that I’m not being Pollyanna-ish.”