By-Trustee-Area Election in CUSD?
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The California Voting Rights Act (CVRA) of 2001 aims to prevent the dilution of minority voting power in at-large election systems. Unlike federal voting rights laws, the CVRA lowers the bar for minority groups to challenge governments using at-large elections, often prompting cities and school districts to switch to by-trustee-area elections to avoid costly litigation.
At-Large vs. By-Trustee-Area Elections
- At-Large Elections: All voters in a district elect every trustee, regardless of where they live within the district. The Cupertino Union School District (CUSD) currently uses this system.
- By-Trustee-Area Elections: The district is divided into separate geographic areas, each electing its own trustee. Voters cast ballots only for the trustee representing their specific area.
Recent Transitions in Neighboring Districts
- In 2024, the Fremont Union High School District, which encompasses the entire area of CUSD, shifted from at-large to by-trustee-area elections, sparking lively debate among local residents.
- Similarly, the Mountain View Los Altos High School District began transitioning to by-trustee-area elections in 2024, with the process still underway as of February 2025.
These changes highlight a growing trend in the region.
What Triggers a Transition
The shift to by-trustee-area elections often begins with a demand letter from an attorney citing the CVRA. Under the law, plaintiffs don't need to prove that a minority group is concentrated enough in a specific area to form a majority, giving them a legal edge. However, districts can resist the change if they demonstrate that no such concentration exists. For instance, the Palo Alto Unified School District received a demand letter but successfully argued that its minority populations were not sufficiently concentrated to justify by-trustee-areas, allowing it to retain at-large elections.
Potential Benefits and Drawbacks of By-Trustee-Area Elections
Benefits:
- Candidates campaign in smaller areas, making it easier to connect with voters.
- Campaign costs are typically lower due to the reduced geographic scope.
- Each major area of the district gains its own representative, which some view as fairer geographic representation.
Drawbacks
- CUSD might lack strong evidence that a minority group's voting power is significantly diminished by at-large elections, weakening the legal case for a change.
- Voter influence is reduced: In a five-trustee district with four-year terms, voters currently elect all five trustees over four years under at-large elections, but with by-trustee-area elections, they'd vote for only one trustee in that time.
- Trustees might prioritize their area's needs over the district's broader interests, potentially fragmenting decision-making.
Looking Ahead
By-trustee-area elections offer a potential path toward localized representation, but they also raise questions about voter influence and district unity. As CUSD considers its options -- possibly in response to a future attorney letter -- the trade-offs between these systems remain a critical topic for community discussion.
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Cupertino Mayor Liang Chao made comment below in WhatsApp.
In my opinion, it’s a bit misleading to attribute the transition to district based election to potential attorney letters. As you might have known, FUHSD Board just decided to transition because some people were pushing for it.
The intent of CVRA was that in case there is racialized voting (people voting according to racial lines), district based election might help minorities, assuming that minorities concentrate in one district.
But that’s not the case for a racially diverse area like Silicon Valley. People here don’t congregate by race in where they live.
Splitting FUHSD into 5 districts, in fact, split up Chinese votes since there is not enough Chinese votes in any one district, similarly to ethnic groups.
Chinese voters might not all support Chinese candidates but they might support candidates who share their values on education. Splitting them up into districts, splitting up their voting power.
