Why Did Fremont Change its Election System?
Fremont’s move to district-based elections started after the City received a letter on February 15, 2017, from an attorney in Southern California. The letter claimed that:
- Fremont’s at-large elections violated the California Voting Rights Act of 2001 (CVRA).
- There was evidence of racially polarized voting in the Fremont election system.
The California Voting Rights Act allows minimal evidence of racially polarized voting to result in a court order for a change from at-large voting to district-based voting.
Fremont’s Transition to District-Based Elections
This transition from at-large to district-based elections was adopted on June 13, 2017, by the City Council. As of November 2018, the City of Fremont has six Council district. Following the completion of the transition to district-based representation with the November 2020 election:
- Candidates must live in the district they seek to represent and are elected by voters who live in the same district
- The voters from all City districts elect the Mayor
This transition from at-large to district-based elections was adopted on June 13, 2017, when the City Council passed an ordinance approving six new Council districts and established a phase-in schedule.
District Map & Lookup
Use the District Locator Tool, an interactive map to find district numbers by location.
Timeline and Legal Compliance
The process and timing of the transition were dictated by State and Federal laws. Fremont had to:
- Identify the number of districts
- Adopt a map
- Determine election sequencing
This had to be completed within 90 days and include a minimum of five public hearings. Throughout the public hearing process, Fremont’s consultant team provided guidance on the legal criteria for creating the new voting districts.
Adoption of the Council District Map
Prior to the Fremont City Council adopting the Council district map and election sequencing on June 13, 2017, the Council took the following steps:
- On March 21, 2017, the City launched the process to convert its elections from the at-large voting system to a district-based process.
- The Council held six public hearings in this process and considered a variety of draft district maps.
Public Input and Map Selection
The final map was chosen after public input through channels, including:
- Public hearings
- Email submissions
- Fremont Open City Hall, the former online citizen forum
- Suggestions and draft maps from the public and the City-hired demographer
The Council determined that:
- The City's population had to be approximately equally divided into six districts.
- The districts had to adhere to the rules set by the Federal Voting Rights Act and the California Voting Rights Act.
Background and Public Hearings
The Fremont City Council decided on the number and make-up of the voting districts through six public hearings. (A minimum of five public hearings is required by the California Elections Code.) These hearings took place at:
- Location: Fremont City Hall, Council Chambers
- Time: 7:00 PM as part of the regularly-scheduled City Council meetings.
The public hearings were opportunities for the community to provide input on the new district compositions:
- April 4, 2017, and April 18, 2017: First two hearings for public input on district composition.
- May 2, 2017, and May 16, 2017: Public input on draft maps and proposed election sequencing.
- June 6, 2017: Additional public hearing.
- June 13, 2017: Final public hearing where the City Council adopted an ordinance establishing district-based elections.
Maps Used in Public Hearings
In preparation for the first two public hearings, the following maps were used to guide discussions regarding the number and locations of districts for a district-based election system.
Maps from the 1st Public Hearing held on April 4, 2017:
Maps from the 2nd Public Hearing held on April 18, 2017:
Draft District Maps for the 3rd Public Hearing to be held on May 2, 2017:
May 2, 2017 City Council Meeting Agenda and Staff Report
Draft District Maps for the 4th Public Hearing held on May 16, 2017:
May 16, 2017 City Council Meeting Agenda and Staff Report
Draft District Maps for the 5th Public Hearing to be held on June 6, 2017:
June 6, 2017 City Council Meeting Agenda and Staff Report
June 6, 2017 Draft Ordinance Plan C-1a
June 6, 2017 Draft Ordinance Plan C-2b
June 13, 2017 City Council Meeting Agenda and Staff Report
Public Hearing Timeline in 2017
All public hearings were held at Fremont City Hall, 3300 Capitol Ave., in the Council Chambers, at 7:00 pm as part of the regularly-scheduled Council meeting.
| Date |
Event |
Comment |
| March 21, 2017 |
Resolution of Intention:
City Council adopts
Resolution declaring its
intention to transition from at-large
to district-based elections.
|
California Voting Rights Act of
2001 (CVRA) Action cannot be
commenced for 90 days.
|
| March 22-
April 3, 2017
|
Public Outreach |
Re: Process & Participation
No maps drawn yet
|
| April 4, 2017
City Hall 7:00 pm
|
1st Public Hearing |
Re: Composition of Districts
No maps drawn yet
|
| April 18, 2017
City Hall 7:00 pm
|
2nd Public Hearing |
Re: Composition of Districts
No maps drawn yet
|
| April 25, 2017 |
Post Draft Maps and Potential
Sequence of Elections
|
Re: Draft Maps |
| May 2, 2017
City Hall 7:00 pm
|
3rd Public Hearing |
|
| May 9, 2017 |
Any Amended Maps Posted |
|
| May 16, 2017
City Hall 7:00 pm
|
4th Public Hearing
Public hearing to receive input from the community regarding
content of district boundary draft maps and proposed sequence of
elections pursuant to Elections Code Section 10010.
|
|
| June 6, 2017
City Hall 7:00 pm
|
5th Public Hearing
Public hearing to review draft maps, sequence of elections, and
introduction of an ordinance of the City of Fremont to transition
from at-large to district-based elections
|
|
| June 13, 2017 |
6th Public Hearing
Public hearing/second reading and adoption of an ordinance of the
City of Fremont to transition from at-large to district-based elections
|
|
| June 19, 2017 |
Day 90 |
|
| July 6, 2017 |
Effective date of ordinance
establishing district elections
|
|
| June 19, 2018 |
Council adopts resolutions calling for election,
requesting consolidation, etc.
|
|
| July 16 -
August 10, 2018
|
Candidate nomination period |
|
| November 6, 2018 |
First election using new
district-based election system
|
|
News Releases
Impact on California Cities
A number of cities in California have been sued since the CVRA was adopted in 2001, and none have avoided the mandate for district-based elections. There is a low threshold for plaintiffs to establish a valid claim under the CVRA, and if the plaintiff prevails, the city is required to pay the plaintiff’s costs. Awards in these cases reportedly have reached upwards of $3.5 million. Considering the significant costs to defend against a CVRA lawsuit and the fact that no city has prevailed, a majority of cities have voluntarily transitioned to district-based election systems.
On January 1, 2017, the California Voter Rights Act Reform (AB 350) became effective which allows cities a “safe harbor” following receipt of a CVRA demand letter. This provides 45 days of protection from litigation to assess the situation, and if a resolution declaring intent to transition to district-based elections is adopted within the 45-day period, then the potential plaintiff cannot file a CVRA action for an additional 90-day period, providing the City time to assess and implement a course of action.
Contact Us
If you have questions about Fremont’s district-based election system, email the City Clerk’s Office or call 510-284-4060.
