Huntington Beach voting rights trial opens; Latino representation at stake

Orange County Superior Court Judge Craig Griffin began hearing arguments last week in a voting rights trial that could overturn Huntington Beach's at-large election system, making the city a test case for the California Voting Rights Act.

The plaintiffs, represented by Kevin I. Shenkman of Shenkman & Hughes PC, allege Huntington Beach's at-large voting method dilutes Latino voting power in the city of nearly 199,000 residents, where Latinos make up nearly 20% of the population, 2020 census data shows. Southwest Voter Registration Education Project et al. v. City of Huntington Beach, 30-2024-01397379-CU-CR-NJC (O.C. Super. Ct., filed May 3, 2024).

"Huntington Beach is the poster child for what goes wrong with at-large elections," Shenkman told the Daily Journal Friday. "You get one fringe view dominating 100% of the city council, and then you end up with all this Huntington Beach craziness -- the lawsuits against the state that they lose, every one of them. All their actions seem more about getting on Fox News than doing right by the people of Huntington Beach."

Shenkman argued that Huntington Beach's voting system prevents Latinos from electing preferred candidates and that experts will show racially polarized voting in city elections. He said no candidate backed by a Latino voter majority has won a City Council race in over 20 years.

"Our experts have examined all their elections, and every single one exhibits racially polarized voting," Shenkman said.

The complaint cites Oscar Rodriguez, who lost City Council races in 2020 and 2022 despite support from Latino voters. In 2022, four candidates running as a slate won all available seats.

"We've identified four different election systems that would give Latinos the ability to elect a candidate of their choice -- something they've been denied in every past election," Shenkman said. "Those systems include district-based elections, which is how every member of the state Assembly, state Senate, U.S. Congress, county supervisors and most city councils in California are now elected."

Shenkman noted that ranked choice voting, cumulative voting or limited voting could enable Latinos to elect candidates, but Huntington Beach resists because empowering the Latino community, especially in Oak View, would diminish the current council's power.

The dispute dates to 2017, when Shenkman and attorney Mary Hughes first notified the city that its elections violated the CVRA. After a second notice in January 2024, the city said it would litigate to "the highest courts" to challenge the law's constitutionality.

Griffin denied the city's motion for summary judgment in December 2024 and also denied its request for a jury trial.

The Huntington Beach City Attorney's Office did not respond to calls requesting comment.

The plaintiffs seek an order requiring Huntington Beach to adopt district-based elections and hold a special election, along with attorneys' fees.

"A lot has been in the news about Huntington Beach and its many ridiculous legal battles. The root cause of all of that is the way the Huntington Beach City Council is elected," Shenkman said. "Once that is fixed, Huntington Beach will run much better when all people in the city are represented."