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Costa Mesa Sanitary District moves toward changing election system that lawyer says disenfranchises Latinos

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Costa Mesa Sanitary District board members unanimously approved a resolution Tuesday morning signaling their intent to change the voting method used in district elections.

Though nothing is etched in stone, the decision sets the district on a path to potentially shift from its current at-large voting system — in which residents throughout the district can vote for any candidate running for the five-member board — to district-based elections, with residents in particular areas tapping one board candidate per area to represent them.

The move comes a little more than a month after Malibu-based lawyer Kevin Shenkman sent a letter threatening to sue the district if it didn’t change its election method.

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In the letter, Shenkman alleged the at-large system “dilutes the ability of Latinos … to elect candidates of their choice or otherwise influence the outcome of the district’s board elections” and therefore violates the California Voting Rights Act of 2001.

Shenkman said in an email Tuesday afternoon that “we are pleased to see that the Costa Mesa Sanitary District has decided to take the responsible step of moving toward district-based elections to ensure that all voters are represented.”

Shenkman and his firm, Shenkman & Hughes, have filed or threatened such lawsuits against several governing agencies throughout Southern California in recent years.

Among the targets were the city of Costa Mesa, the Newport-Mesa Unified School District and the Coast Community College District — all of which eventually agreed to move from at-large voting to district-based elections.

Officials in the sanitary district say they were already considering a change before Shenkman’s letter.

Though other local agencies provide examples for how to form voting areas, sanitary district board members said it’s important for them to craft a plan that’s specific to the district’s boundaries and demographics.

“I don’t want to tag along with what the city of Costa Mesa did,” said board President Mike Scheafer. “We have ratepayers outside the city … that need to be accommodated in this.”

The sanitary district provides curbside trash collection and sewer services to about 116,700 ratepayers in Costa Mesa, parts of Newport Beach and unincorporated sections of Orange County.

In coming months, the district will hold a series of public hearings on the possible voting change. Its newly formed citizens advisory committee also will study the issue.

A representative of the Center for Demographic Research — which the sanitary district has retained to aid in the process — will provide more information to the board during its next meeting May 24.

Should everything move forward as planned, the district-based system would be in place by 2020. It’s too late to change the method for this year’s election, officials said.

luke.money@latimes.com

Twitter @LukeMMoney

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