The West Valley Water District’s elections are legally required to be held during the state’s general election, an appellate ruling decided Feb. 1 in affirmation with San Bernardino Superior Judge David Cohn.
The district provides water to more than 80,000 residents, and is based in Rialto, according to its website.
Data
The district had 11% voter turnout for the Board of Directors elections, held in Novembers of odd-numbered years, compared to 61% turnout during the four prior statewide general elections in San Bernardino County, according to San Bernardino County, as cited in the ruling.
The 2015 California Voter Participation Rights Act mandated that if voter turnout for an election set by a political division that is not on a statewide primary or general election date results in a voter turnout less than 25% of the average voter turnout in the area, the division must change its election to either the statewide primary or general election date.
Ruling
According to the ruling, the district attempted to change its election to the primary election date, but San Bernardino County denied the resolution, requiring the district to hold its election on the general election date.
The county filed a petition for writ of mandate and complaint for declaratory relief May 14.
Cohn filed his stipulated judgment Dec. 10, and the district appealed.
Prior law, after taking in the context of the VPRA, required the election be held on the general election date, the court found.
California Election Code 1303 gives special districts the option to either hold an election on an odd-numbered year, or the statewide general election date, the court found.
The district would act without conflict to both statutes if it moved its election to the general election, but would violate EC 1303 if it moved its election to the primary date, the court found.
Parties
Stuart Leviton and Nathan Hardy of Los Angeles’ Reed & Davidson represented West Valley Water District.
Tom Bunton was county counsel and Jolena Grider was deputy county counsel for San Bernardino County.
Associate Justice Douglas Miller wrote the opinion, which Associate Justices Art McKinster and Carol Codrington joined.
Read the ruling here.
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