Get rid of off-year elections, or face another lawsuit

Modesto has another million-dollar decision to make. Will the city again dig in its heels and fight the state of California, or start conducting its elections only during even-numbered years?

Last October, we suggested Modesto – and every other Stanislaus County entity – abandon off-year elections. They’re expensive, few voters bother and they leave the decision-making to too few people. A week later, when only 22.2 percent of voters bothered to cast a ballot, our point was made. A sliver of voters decided 27 contests out of 136 on the ballot. The rest were either uncontested or no one ran. Apparently, candidates as well as voters took a pass.

Demographically, those who voted were older and whiter and more conservative than the general population. Many believe that’s why off-year elections remain popular – they keep electoral power in the hands of the local establishment. If only 1 voter in 5 votes, each vote has more oomph.

Worse, staging an election is expensive and every taxpayer chips in whether they vote or not. November’s election cost roughly $460,000 – money that could have been spent writing traffic tickets or fixing potholes. Perhaps that’s why 32 of California’s 58 counties have already abandoned off-year elections. It’s fiscally prudent.

Now there’s another, better reason: It’s the law.

Sen. Ben Hueso wrote Senate Bill 415 and Gov. Jerry Brown signed it into law late last year. Starting in 2018, if 25 percent less voters take part in off-year elections than voted in elections in even-numbered years, then those odd-year elections must be abandoned. If not, the entity can be sued to force compliance.

It’s almost as if the law was written with Stanislaus County in mind. The numbers in Modesto and Stanislaus County aren’t even close. The drop-off in voter participation in odd-numbered years is 50 percent or more – double the required percentage. In the last four even-numbered years, Stanislaus County elections drew an average of 134,275 voters. The last four off-year elections averaged 46,400 voters – two-thirds less. Put another way, to keep off-year elections voter turnout would have to double in 2017.

“People don’t feel (off-year) elections affect them as much as a presidential or gubernatorial election,” said Sen. Hueso, of San Diego. “I disagree with that, but that’s how they feel. It’s very important to get people to the polls so they can weigh in on all matters that affect their lives.”

Now we come to Modesto’s million-dollar decision. If jurisdictions aren’t in compliance by 2018, any resident can file a “private right of action” – basically suing to force the jurisdiction to comply. They’re entitled to collect expenses and “reasonable attorney’s fees.”

Sound familiar? Think back to 2004, when a Bay Area public interest group brought a similar action against Modesto to force district elections under the Voting Rights Act of 2002. The city fought it all the way to the Supreme Court, which refused to hear its appeal. The city was fined $3 million and paid another $1.4 million in legal fees.

Is Modesto or Ceres or Stanislaus County up for a similar fight? A similar legal bill? The answer better be “no.”

Instead, all entities with off-year elections should rewrite their charters to schedule elections only in even-numbered years.

“They have ample time to start working on it now,” said Sen. Hueso, “and they’d be well-advised to do so.”

The change will save money. More importantly, it will empower more voters and thus convey more legitimacy upon those elected. It’s not just the law, it’s the right thing to do.

This story was originally published March 30, 2016 at 7:31 PM with the headline "Get rid of off-year elections, or face another lawsuit."