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.
