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Important Update on a Settlement of the SLO County Redistricting Lawsuit

Date: March 24, 2023

From: Cindy Marie Absey, President, League of Women Voters of SLO County

The League of Women Voters of SLO County (League) is pleased to announce that all parties involved in the redistricting lawsuit, including the League, have agreed to a settlement of the lawsuit that sets aside Map 74786 (the Patten Map) and requires the Board of Supervisors to adopt a map that complies with the requirements of the Fair Maps Act and the California Constitution by no later than May 15, 2023.

This settlement is a victory for local democracy in SLO County and a win for the CA Fair Maps Act. The League is proud to have played a role in this legal advocacy in defense of voters and representative government, and we join SLOCCGG, other lawsuit petitioners and the many supporters of this cause in celebrating this success.

Since the original Petition was filed, circumstances have changed significantly. The Trial Court issued a Preliminary Injunction Order on Feb. 9, 2022, finding that SLOCCGG and the other lawsuit petitioners (collectively Petitioners) had established a reasonable probability of prevailing on their claim of a violation of the Fair Maps Act (Elections Code section 21500(d)) when the Board failed to consider evidence of the partisan impact of the Patten map on political parties. This finding, as well as ongoing significant expense associated with the litigation, led the parties to negotiate and resolve the lawsuit through the Settlement Agreement which is now in effect.

Key Points and Dates from the Settlement Agreement:

• The parties will immediately submit to the Court for filing a Stipulated Judgment ordering the Board of Supervisors to set aside its adoption of the Patten Map and adopt a map in compliance with the Fair Maps Act and the California Constitution.
• No later than May 15, 2023, the Board of Supervisors will set aside its approval of the Patten Map and will adopt a map that complies with the Fair Maps Act and the California Constitution.
• No later than June 7, 2023, the Board of Supervisors will report to the Court that it has complied with the terms of the Stipulated Judgment.
• No later than 15 days after execution of the Settlement Agreement, the County will reimburse Petitioners the sum of $300,000 for attorneys’ fees incurred in the action.

The County's Next Steps:

• April 4th: Supervisors will set a hearing date for April 18th to repeal the current map and consider the previously proposed maps.
• April 18th: Public hearing on repealing the current map and consideration of previously proposed maps.

The League’s Role in the County’s Redistricting Process and the Subsequent Lawsuit:

As many of you know, the League was deeply engaged throughout the County’s redistricting process in 2021. We were guided by the CA and US Leagues’ positions on redistricting, and our analysis of the proposed SLO County supervisorial maps provided by Voter Service Chair Julie Rodewald. We consulted with CA League redistricting advisors, offered public comment at all board hearings, mobilized our members to submit public comment with a “Call to Action”, and offered our recommendations to the media on the redistricting maps. The League maintained that the Board’s adoption of the Patten Map on December 14, 2021 violated the CA Fair Maps Act by dividing long-standing communities of interest (COIs), disenfranchising huge numbers of voters through voting deferrals (and accelerating many others to partisan effect), and by the Board’s failure to hear evidence of partisanship in the redrawing of districts.

On January 12, 2022, Petitioners filed a lawsuit against the County alleging that the Patten Map was adopted in violation of the Fair Maps Act. After a lengthy search for legal counsel, the League finally secured the pro bono services of premier law firm Manatt, Phelps and Phillips, LLP and filed a motion to intervene in the lawsuit. On June 17, 2022, the Court granted our motion to intervene, making the League a party to the lawsuit with Petitioners. Over the months that followed, we worked in coordination with Petitioners to overturn the Patten Map due to violations of the Fair Maps Act and the California Constitution. The League’s 103-year history of supporting fair representation and voting rights strengthened the case and working with the US League we brought forward arguments from redistricting cases litigated elsewhere in the nation that provided additional benefit.

~~Special Thanks to Those Who Made This Possible~~

• Ron Turovsky, Lead Litigation Attorney and Partner, Manatt, Phelps and Phillips, LLP
• Joanna McCallum, Partner, Manatt, Phelps and Phillips, LLP
• Dave Juhnke, SLO Co. League General Counsel
  
• SLOCCGG Board of Directors and attorneys
• Chris Carson and Helen Hutchison, LWVC Redistricting Advisors
• Celina Stewart, LWVUS Chief Counsel and Director of Advocacy and Litigation
• Caren Short, LWVUS Director of Legal and Research
• Thomas Tai, LWVUS Legal and Research Fellow