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Shareholde rs li11d a M. Oar dari an laura l. Ho Jame s Kan And rew P. lee G B D H Goldstein, Borgen, Dardarian & Ho November 19, 2024 CITY CL EFJ<J i.co ½l_tf 1q_E ·•#-·'7l'a'frfG"oliTs1 ein Dav id Borge n Morri s J. Ball er Certified Ma il, Return Receipt Requested Kelly Clancy City Clerk Office of the City Clerk, City of San Leandro 835 E 14 th Street San Leandro , CA 94577 Re: Notice of California Voting Rights Act Violation Dear City Clerk Clancy : Goldstein, Borgen, Dardarian & Ho ("GBDH") represents Robert Bulatao, a resident of and registered voter in the City of San Leandro ("City "). On behalf of our client, we write to inform the City that its at-large method of electing members to its City Council violates the California Voting Rights Act ("CVRA") and has diluted the voting power of Asian American voters. The City must thus promptly remedy those violations. I. The City's use of at-large elections impairs Asian American voters' ability to elect candidates of their choice . The CVRA prohibits at-large elections where they impair "the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class." Cal. Elec. Code § 14027. An election system that uses a combination of at-large elections and district-based elections , like the City's from-district system, is considered an "at-large method of election" for purposes of the CVRA. Cal. Elec . Code§ 14026(a); see Charter of the City of San Leandro§§ 215 ,220 ,225 . Asian American voters are a protected class within the meaning of the CVRA. S ee Cal. Elec. Code§ 14026(d); Office of Management & Budget, Revisions to the Standards for the Classification of Federal Data on Race & Ethnicity , 62 Fed. Reg . 58782, 58789 (Oct. 30 , 1997); see, e.g., Yumori-Kaku v. City of Santa Clara , 59 Cal. App. 5th 385 (2020) (affirming trial court decision finding Santa Clara 's at-large election system violated CVRA as to Asian American voters). Asians and Asian Americans are approximate ly 35.9% of the residents in the City of San Leandro. Even though one-third of the City 's residents are Asian or Asian American, only one cunent member of the seven-member Council is Asian American and only two Asian American candidates have ever been elected to the City Counci l (Xouhoa Bowen and Benny Lee). The at-large method of election for city council seats is an obstacle for Asian American candidates running for office and for Asian American voters to elect candidates of their choice . 912435.5 155 Gr and Avenue , Suite 900 , Oakland , CA 94612 Te l 510 . 76 3. 9800 Fax 510. 83 5. 1417 ww w.gbdllle gal.com