Redondo sues state over election law
City Clerk Eleanor Manzano, right, oversees ballot counting during the March 2015 Redondo Beach general election. Photo
The City of Redondo Beach has filed a lawsuit against the State of California, challenging a law that requires cities to change their election dates to match statewide, even-year elections.
According to the complaint, filed in state court on Feb. 13, the City is petitioning for a writ of mandate prohibiting the State from enforcing Senate Bill 415 against Redondo Beach, arguing that the law either doesn’t apply to charter cities or that the law violates the California State Constitution’s Home Rule provisions.
SB 415, passed in 2015, was intended to align municipal elections with statewide elections, in a bid to increase voter participation. Cities with sufficiently low voter turnout were given a deadline to enact a plan by Dec. 31, 2017, or face a forced realignment by a judge or county board of supervisors, as well as fines.
A State Assembly Floor Analysis of SB 415 notes that the bill is ambiguous as to whether or not it applies to charter cities, such as Redondo Beach. California’s Home Rule provisions allow for cities to enact ordinances on municipal matters, including but not limited to “conduct of city elections.” However, an opinion by Attorney General Xavier Becerra found that SB 415 does govern municipal elections in charter cities.
The City believes that the law would “effectively disenfranchise voters in charter cities,” according to a statement issued by City Attorney Michael Webb.
“SB 415 violates the California Constitution and ignores the will of the voters of the City of Redondo Beach by taking away local control,” Webb said. “SB 415 is yet another effort by the State to take away the authority of local residents over their own lives and their own government. For that reason, the City thought it was important to challenge it.”
The City Council has been at odds in discussions regarding the law since September, when an election realignment plan, which would have resulted in lengthened terms on the City Council with estimated lower costs than other realignment plans, was passed by a 3-2 vote.
The resolution was vetoed by Mayor Bill Brand. Brand accused Council members Laura Emdee, John Gran and Christian Horvath of seeking to extend their own terms, likening the vote to a dictatorial abuse of power that disenfranchised voters. Counter-proposals to realign by shortening terms, by Council members Todd Loewenstein and Nils Nehrenheim, failed.
The resolution for an extension would require voter approval because any realignment would require a change to the Redondo Beach City Charter.
In December, the Council voted to pursue a legal challenge against the state. After the New Year, discussions to set a plan in place were repeatedly voted down by Emdee, Gran, and Horvath, drawing incredulous responses from Loewenstein and Nehrenheim.
But the reason wasn’t punitive, Emdee said.
“The reason it’s not coming up for discussion is because we voted to do a lawsuit,” Emdee said. “If we’re suing to say [SB 415] doesn’t apply to us, we can’t create a plan to [comply] because then the judge would throw out the lawsuit.”