MALDEF

MALDEF CHALLENGES FULLERTON JOINT UNION HIGH SCHOOL BOARD ELECTORAL PROCESS

By-District Elections Demanded After Investigation of Demographic, Electoral Data


FULLERTON, CA - MALDEF today sent a letter to Fullerton Joint Union High School District, demanding that it change its at-large elections system to a district-based system that affords Latino voters an equal opportunity to elect candidates of their choice to the Fullerton Joint Union High School Board, in accordance with the California Voting Rights Act of 2001 ("CVRA"). The District currently elects its Board of Trustees using an at-large method that has denied Latino residents the opportunity to elect candidates of their choice. MALDEF demands the system be changed to a district-based system.

"At-large elections in the context of racially polarized voting are not only a threat to voting rights, but also to the success of California's school funding system – the Local Control Funding Formula (LCFF) – which depends upon vigorous input and oversight by the communities most affected by the ongoing education gap in the state," stated Thomas A. Saenz, MALDEF President and General Counsel. "As a result, remedying CVRA violations in school board elections is of heightened importance."

MALDEF conducted an investigation after receiving numerous complaints from Latino citizens and voters within the Fullerton Joint Union High School District that its at-large election system prevented Latino voters from electing candidates to the Board. MALDEF's investigation found that only one Latino candidate has been elected to the Board of Trustees in the last two decades, despite the fact that Latinos make up 42 percent of the district population and more than half of its student body.

"This demand is part of MALDEF's continuing effort to ensure that Latinos have access to the political process," added Matthew Barragan, MALDEF Staff Attorney. "The CVRA was enacted to eliminate discriminatory at-large election systems. MALDEF has placed the District on notice that it must shift to a district-based election system to assure compliance with the CVRA."

The CVRA states that "[A]n at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election." Based on an investigation that also reviewed election returns, demographic information, and Spanish-surname analysis of votes cast by precinct, MALDEF found that the lack of success of Latino candidates results from persistent racially polarized voting in Fullerton Joint Union High School District’s at-large elections. The District's at-large election system violates the CVRA and must be changed to a district election system.

The right to vote is fundamental to the strength of our democracy and must be protected for all citizens across the United States. MALDEF has continually fought for equitable board representation for all communities throughout California and will protect the right to a political voice wherever it may be threatened.

A copy of the letter can be viewed HERE.



Founded in 1968, MALDEF is the nation's leading Latino legal civil rights organization. Often described as the "Latino Legal Voice for Civil Rights in America" MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and political access. For more information on MALDEF, please visit: www.maldef.org.

Copyright 2009 MALDEF — Mexican American Legal Defense and Educational Fund