Press Release: CNCEF Statement On City of Merced Agreeement with MALDEF



July 8, 2014

CNC Education Fund Statement On Agreement by

City of Merced and MALDEF

Merced, CA - The Merced City Council was presented with two important questions in April:

1)    Is the current at-large election system serving the best interests of the City of Merced?

2)    Is the current at-large election system compliant with the California Voting Rights Act?

The City Council and Mayor answered no to both questions and voted unanimously 7-0 to comply with state law [California Voting Rights Act] and move towards establishing a single-member district election system to elect city of Merced Councilmembers. 

Last night, as a part of an agreement with MALDEF and in line with the City of Merced Charter – the Merced City council voted to place, on the November 2014 ballot, an ordinance that would change the at-large election system to a by-district system for each of the six seats on the Merced City Council.  A similar measure was passed in June by the Coachella Valley Water District by a 3 to 1 margin.  CNC Education Fund lauds the City of Merced for agreeing to conduct necessary advertising and outreach to inform and educate city residents about the districting process to support the ballot measure’s passage in November.

It is important to state - the agreement builds upon Measure J - which passed with 90% support by Merced voters in 2013 - to consolidate the Mayor and City Council Elections.   Measure J seeks to increase voter participation by aligning city elections with statewide elections.

With all six current city council members, the Mayor, and the City Manager clustered north of Santa Fe Ave., significant sections of voters and the priorities for their families were not being reflected in the city's budget or the city's public policy.    

Single-member district elections will provide the opportunity for every neighborhood, for every family in Merced to have a real voice in shaping Merced public policy priorities.   Single-member district elections create the environment for increased transparency and accountability of its elected city leaders. 



CNC Education Fund is a 501(c)(3) organization committed to achieving environmental, economic, and socially just public policy for working class families in the rural areas of California.  Founded in February 2011, CNCEF provides public education on policy issues relevant to rural areas of California including health, immigration, environmental justice, workers rights, civil and human rights.  CNCEF currently implements grassroots organizing, and public policy education programs in the cities of Fresno, Coachella, Merced and Sacramento.





July 8, 2014


CONTACT:  Larry Gonzalez: (202) 466-0879

Donald Gatlin: (202) 587-2871


Decision Follows MALDEF Letter Challenging At-Large Election System

MERCED, California - Late last night, the City of Merced voted to place on the November ballot an ordinance that would change the at-large election system to a by-district system for each of the six seats on the Merced City Council.  The council supports the measure as the most appropriate course of action to ensure optimal geographic representation on the council, and to ensure that all city residents are able to elect candidates of their choice.

Earlier this year, MALDEF conducted an investigation of demographic and electoral information in Merced and confirmed that none of the six current members of the City Council is Latino, and that there has been no Latino City Council Member elected for nearly a decade. The investigation also confirmed that the non-Latino majority of the electorate consistently vetoes the electoral choices of the Latino electorate in Merced, putting the city at serious risk of violating the California Voting Rights Act. Over 49 percent of Merced's population is Latino, including 37 percent of its citizen voting-age population, and 33 percent of its registered voters.

"The City's agreement to place on the ballot and support the measure to implement by-district elections ensures that voters will have the opportunity to implement a better, more representative system for city governance," stated Thomas A. Saenz, MALDEF President and General Counsel.  "Merced's future is brighter based on last night's historic council decision."

If Merced voters adopt the measure, the city will establish six single-member districts. City Council candidates will be elected by residents of the district in which the candidate resides, and the winner will represent the interests of their district residents. The City of Merced will establish a process for the drawing of the six districts, to be reviewed by an independent advisory committee of at least seven members, which will also assist in the development of district maps.  Members of the committee will be nominated by the Merced County Chapter of the League of Women Voters based on specific criteria. The new district maps will ensure that there are three districts that are entirely encompassed in the area south of the Burlington Northern Santa Fe Rail Line and three districts that are entirely encompassed in the area north of the Burlington Northern Santa Fe Rail Line.

Joanna Cuevas Ingram, attorney for the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, which joined MALDEF in providing notice of the potential CVRA violation, stated, "Today, The City of Merced has taken a major step forward to comply with our state and federal voting rights laws, joining over 140 jurisdictions in California that have sought to change from at-large to district-based electoral systems over the last decade.  If the Ballot Measure establishing district elections passes in November, the City has made a commitment to ensure that there are no conflicts of interest and that it conducts sufficient outreach in English, Spanish and Hmong to begin a participatory, transparent and public community-based districting process in 2015.  Today, the City of Merced has taken one step closer to becoming more accountable to the growing diversity of the people of Merced in the process."

The Merced City Council has agreed to conduct necessary advertising and outreach to inform and educate city residents about the districting process, and to encourage participation in the Committee's public meetings. All outreach materials will be provided in English, Spanish and Hmong languages.

"If the ballot measure passes, Merced will join the growing ranks of local entities recognizing that by-district elections reflect good governmental policy and lead to increased political participation by its residents," said Denise Hulett, National Senior Counsel for MALDEF.

The California Voting Rights Act states "[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."  MALDEF encourages Merced voters to protect the ability of all city residents to elect candidates of their choice in the spirit of the equality the CVRA is intended to secure.

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Founded in 1968, MALDEF is the nation's leading Latino legal civil rights organization. Often described as the "law firm of the Latino community," 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:


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