Panel rejects one of Palmdale’s voting rights case appeals

An appeals court dealt Palmdale a double blow on Wednesday in a long-running battle over the way its city officials are elected.

The 2nd District Court of Appeal rejected Palmdale’s contention that, as a charter city, it is not subject to the California Voting Rights Act — a ruling with implications for Whittier and other cities being sued over alleged voting-rights violations.

The three-member court panel also upheld a trial court’s ban on certifying the results of the city’s Nov. 5 municipal election. But attorneys for the city and the plaintiffs disagreed over the effect the ban would have on city operations.

Kevin I. Shenkman, a plaintiff’s attorney, said that unless the election is certified, the city will not have a functioning City Council after July 9, a deadline set by the trial judge last year when he ordered a new election that conformed with the Voting Rights Act.

Palmdale spokesman John Mlynar said the city’s attorneys do not believe the appeals court ruling prevents the current City Council from continuing to serve until the case is resolved. The city’s appeal of new voting districts has not yet been heard.

Palmdale is one of several cities and other local jurisdictions that were sued over their at-large elections systems.

Plaintiffs have argued that such systems undermine minority voters’ opportunity to elect a representative of their choice. They have demonstrated patterns of racially polarized voting — different outcomes in minority precincts than in largely white ones.

Several cities, including Anaheim, have settled lawsuits by agreeing to ask voters for permission to switch to electing officials by geographic districts.

Palmdale has fought the suit brought against it and has appealed trial court decisions that have gone against it.

“They really brought this on themselves,” Shenkman said of Palmdale’s continuing to run up legal bills by fighting the switch to districts despite various court cases upholding the Voting Rights Act.

Another plantiff’s attorney, Lancaster Mayor Rex Parris, applauded the appeals court ruling.

“The citizens of the city of Palmdale are entitled to have a council that truly represents all members of the community,” Parris said.

Blacks and Latinos make up a majority of the city’s residents, but with two exceptions since the city’s 1967 incorporation, have been unable to elect a minority candidate.

Mlynar said the city would discuss the ruling and its options during a closed session on June 4.