Latino activists encourage Map 103, say it best represents minority voters
By Marty Cheek
In the process of redistricting required by law to fairly adjust voting areas based on 2020 Census data, the Morgan Hill City Council decided on a controversial map.
Following discussion from residents at a February workshop, the council selected from maps 103, 104, 105, 106, 108, and NDC Green. With a 3-2 vote, councilmembers picked Map 103 at the March 2 meeting. Councilmembers Gino Borgioli and John McKay voted against the map, preferring NDC Green.
Councilmember Yvonne Beltran-Martinez pushed the choice of Map 103, which she said best provides for the legal requirement of “communities of interest” for better representation of minority voters, especially those in the Latino community. Beltran-Martinez lives in District B and is up for election in November.
City Attorney Don Larkin warned councilmembers that Map 103 may cause legal challenges for the city if an attorney or other party files a lawsuit based on its failure to follow the state of California’s “contiguous” requirement under the Fair Maps Act. Map 103 divides District D, now represented by Councilmember McKay, into two non-attached sections on the east side of Morgan Hill.
During public comments, attorney Armando Benavides made clear to the council that if Map 103 was not selected, he would sue the city on the basis that the other maps did not fairly represent the Latino community.
Later in the meeting, Larkin commented to council members his opinion of the city losing the proposed legal challenge. “I don’t think there’s a high likelihood of success if someone were to sue us for complying with the Fair Maps Act,” he said.
Beltran-Martinez asked Larkin about the potential of the city facing a lawsuit if Map 103 was chosen.
“If we create a district or map that does not comply with the Fair Maps Act, there is a risk that we’ll get sued and either be forced to redistrict or the courts will redistrict for us,” Larkin said. “There are organizations that do sue over the Fair Maps Act. There are attorneys who will take a case just to get attorney’s fees. So there will always be the threat of litigation, particularly when any voter has standing to sue.”
The city has not received a specific threat for a lawsuit if Map 103 was chosen, he told Beltran-Martinez.
“My personal philosophy is you don’t decide whether to follow the law or not based on if somebody is going to sue you,” he added. “You follow the law.”
Mayor Rich Constantine made the deciding vote after councilmembers Rene Spring and Beltran-Martinez voted in favor of Map 103. Prior to the final vote, he said he believes city officials have a “fiduciary responsibility to our constituents” to protect the city from lawsuits.
“I will always err on the side of making sure I do not put this city in a liability situation, because it’s also my tax dollars as well,” he said. “All I can say is that I am going to err on the side of knowing we’re going to get sued because it was mentioned here versus the possibility of getting sued.”
Deciding on a new city district map is “definitely a controversial topic” because some people in the Latino community fear losing representation, said City Clerk Michelle Bigelow.
“It’s an important consideration when we look at our democratic process,” she said.
By state law, the city has a deadline of April 17 to submit a final district map to the Santa Clara County Registrar of Voters. This map will apply to the November general election.
Every 10 years after the U.S. Census data is released, cities, counties, states and special districts are required to undergo the process of redistricting with the intention to reflect changes in the populations and ensure each district has a relatively equal number of voting residents. The 2020 Census showed Morgan Hill’s total population grew by about 20 percent from 37,882 in April 2010 to 45,483 in April 2020.
