By Jon Chown
Capitola has begun the process of shifting from at-large City Council elections to a district-based voting system after receiving a legal threat alleging violations of the California Voting Rights Act.
The Capitola City Council on April 30 adopted a resolution declaring its intent to transition to district elections, triggering a 90-day “safe harbor” period under state law designed to protect cities from costly litigation while they complete the process.
At a May 14 informational meeting, city officials and consultants outlined the timeline for the transition, launched a public mapping tool and invited residents to begin shaping how future voting districts should be drawn.
The move comes after the city received a March 19 letter from Shenkman and Hughes representing the Southwest Voter Registration Education Project alleging that Capitola’s current at-large election system dilutes the ability of Latinos to elect candidates of their choice. A violation of the California Voting Rights Act, or CVRA. Under the current system, all Capitola voters elect every member of the five-seat City Council citywide.
“This letter is really a dishonor to this city,” said Capitola resident Cheryl Ban during public comment. “The jargon used in this letter … is just an insult, and I don’t hear anybody standing up to that. I’m really upset about it.”
Although city officials dispute the allegations, they said the decision to move forward was to avoid potentially expensive litigation that has prompted hundreds of California jurisdictions to abandon at-large systems.
“Nearly every city facing these allegations has changed its election method,” the city said in a public FAQ document prepared for residents.
According to National Demographics Corporation, the city’s consultant, jurisdictions that fought CVRA claims in court have spent from hundreds of thousands to millions of dollars in legal fees and settlements. Santa Monica spent more than $12 million defending its at-large election system, according to the consultant’s report.
The California Voting Rights Act, enacted in 2001, makes it easier to challenge at-large election systems than under federal law. Liability can be established by simply showing racially polarized voting.
The city held the first of two formal public hearings to gather community input before any official maps are drawn on May 28. The second is scheduled June 11. Draft district maps are expected to be released in early summer, followed by additional hearings to refine boundaries and discuss election sequencing. The council is scheduled to adopt a final map by July 23, ahead of a July 29 statutory deadline.
The transition itself would not take effect until the 2028 municipal election cycle.
Under the proposed phase-in plan, two district seats would appear on the ballot in 2028 while three council members elected at-large in 2026 would remain in office until 2030. By 2030, all council seats would be elected by district.
One of the questions facing the council is whether Capitola should adopt four districts with a citywide elected mayor or five districts with a rotating mayor selected annually by council members, as is currently done.
State law allows both structures. Cities with an even number of districts must elect a mayor citywide, while cities with an odd number may continue using a rotating mayor system.
Consultants from National Demographics Corporation presented advantages and disadvantages of each approach during the May 14 meeting.
Supporters of a rotating mayor system said it can encourage cooperation among council members and spread leadership responsibilities more evenly. Advocates for an elected mayor argued that it could provide continuity in leadership and give voters a citywide representative in addition to their district council member.
The debate does not involve creation of a “strong mayor” system, city officials emphasized. Capitola would remain a council-manager form of government regardless of how the mayor is selected.
The city is encouraging public participation during the districting process. Officials launched an online mapping tool that allows residents to draw and submit proposed district boundaries, either digitally or on paper maps available at City Hall.
Residents may submit complete maps or simply identify neighborhoods and “communities of interest” they believe should remain together in the same district.
Under California’s FAIR MAPS Act, districts must be geographically contiguous, relatively compact and designed to preserve neighborhoods and communities with shared social or economic interests. Districts also must contain roughly equal populations based on the 2020 Census.
Consultants presented demographic data showing Capitola’s population is 22% Hispanic or Latino and 65% non-Hispanic white. The city’s Latino population is concentrated most heavily near the 41st Avenue corridor, according to census block analysis. Officials stressed that district lines cannot legally be drawn to favor incumbents, political parties or candidates.
The city has also expanded multilingual outreach efforts as part of the process. Officials said the districting website can be translated into multiple languages, and FAQ materials are being distributed in English and Spanish. The city plans to mail informational notices to all Capitola households ahead of upcoming hearings.
City officials allocated $45,000 for the districting transition, including consultant fees and public outreach costs. Staff said expenses so far remain within budget.