San Luis Obispo County Citizens for Good Government v. County of San Luis Obispo
Case Summary
In 2019, California enacted the FAIR MAPS Act, which forbade drawing city or county legislative districts to favor or disfavor a political party. LWV SLO intervened as plaintiffs to challenge county Supervisor districts drawn to favor Republicans, asserting the maps violated the FAIR MAPS Act and the California Constitution.
California’s counties are largely governed by five-member Boards of Supervisors, which act as the executive and legislative branches of county government. Districts for Boards of Supervisors are drawn by their members. California’s Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act, enacted in 2019, imposes several requirements for districts in city and county government. Among other criteria, the act requires districts respect communities of interest and not be drawn with the purpose of favoring or discriminating against a political party.
After the 2020 Census, San Luis Obispo County was required to redraw the districts for its Board of Supervisors. At the time, the Board was controlled by Republicans holding a 3 – 2 majority. San Luis Obispo County, a historically Republican county, had changed politically in recent years, having voted for Democratic presidential candidates since 2008, and giving over 55% of its votes to President Biden in the 2020 election.
After several rounds of public comment, in which dozens of maps were proposed, the Board of Supervisors, on a 3 – 2 party line vote, with all Republicans in favor, and all Democrats against, adopted a map that made dramatic changes to the Supervisor districts and created three districts with a plurality of Republican voters.
In response, on January 12, 2022, San Luis Obispo County Citizens for Good Government (SLOCCGG), a coalition of local citizens, sued in state court, asking for a judgment declaring the new districts an illegal partisan gerrymander under the FAIR MAPS Act and the California Constitution. On January 26, 2022, the plaintiffs moved for a preliminary injunction, asking the court to forbid holding the upcoming November election under the new districts. In support of their claims, the plaintiffs cited analysis by gerrymandering expert Professor Michael Latner, which argued the new districts packed Democratic-leaning voters into a single district, weakening their power in the other districts and making it easier for Republicans to hold a majority. The court denied both the plaintiffs’ request for a preliminary injunction and the Board’s Motion to Dismiss. The court’s ruling allowed the new districts to remain in place for the November 2022 election but allowed the plaintiffs to continue pursuing their claims after the election.
The League of Women Voters of San Luis Obispo County (LWV San Luis Obispo County) then successfully intervened in the case on May 10, 2022. On July 1, 2022, the League filed a Petition for a Writ of Mandate, requesting the court strike down the Supervisor districts as an illegal partisan gerrymander and forbidding them to be used in any future elections.
During the week of March 20, 2023, the parties agreed to a settlement. Under its terms, the current districts that were the subject of the lawsuit would be repealed and replaced with maps compliant with the California constitution and FAIR MAPS Act.
The League is represented in this matter by Manatt, Phelps & Phillips LLP.
LWV Timeline
Plaintiffs file petition for writ of mandate
Plaintiffs San Luis Obispo County Citizens for Good Government (SLOCCGG) file a Petition for Writ of Mandate in state court, requesting the court to declare that the new Board of Supervisors districts violate the FAIR MAPS Act and California Constitution and to draw a new map compliant with state law.
Plaintiffs move for preliminary injunction
Plaintiffs move for a preliminary injunction forbidding San Luis Obispo County from using the new districts in the November 2022 election.
Defendants file opposition
Defendants file their Opposition, stating the new districts were legal under state law and that plaintiffs failed to show their proposed maps complied with the state’s redistricting requirements.
Court denies plaintiffs’ motion for preliminary injunction
The court rejects the motion for a preliminary injunction, stating that because of the impending elections, striking down the new districts would disrupt the electoral process and place undue burdens upon election officials. However, the court allows the plaintiffs to continue pursuing their claims after the election.
LWV San Luis Obispo County moves to intervene
The League of Women Voters of San Luis Obispo County moves to intervene as a plaintiff, citing its interest in protecting the voting rights of its members and mission of promoting voting rights for all citizens.
Court grants LWV of San Luis Obispo County's motion to intervene
The court grants the motion to intervene, finding the League had a direct and immediate interest in the action and satisfied the requirements for permissive intervention.
League files petition for writ of mandate
LWV San Luis Obispo County moves for a court order striking down the Supervisor districts as an illegal partisan gerrymander and forbidding them to be used in any future elections.
County supervisor elections take place
Elections for the San Luis Obispo County Board of Supervisors occur. Democrats win a 3 – 2 majority on the Board.
New majority pursues settlement
The new majority on the Board of Supervisors, on a 3 – 2 party line vote, with all three Democrats favoring settlement and both Republicans opposed, move to negotiate a settlement with the plaintiffs.
Plaintiffs and defendants agree to a settlement
The board agrees to replace the current district map with a one that complies with the FAIR Maps Act and the California constitution by May 15, 2023. The county will also reimburse the plaintiffs for $300,000 of attorneys' fees. The Patten map will be repealed on April 18, 2023, with a public hearing on the repeal and consideration of previously proposed maps.
Board repeals Patten map and enacts new map
In a 3-2 vote, the board repeals the Patten map and enacts a new map similar to the one enacted in 2011. The map was previously proposed as an alternative to the Patten map in 2021.