DOWNEY — The Downey City Council will meet Tuesday to decide whether to adopt a new election system in response to a legal challenge.

The city is currently facing pressure to comply with the California Voting Rights Act (CVRA), following a demand letter from Sarega Law, APC, which claims Downey’s election method violates state law.

Under the current system, Downey elects its five-member City Council through a combination of four district-based seats and one at-large seat. Council members from Districts 1 through 4 are each elected by voters within their respective geographic areas, while District 5 is an at-large seat elected by voters citywide.

The mayor is chosen from among council members, with each serving one-year terms rather than being elected directly by the public.

The Sarega Law letter, sent Oct. 3 on behalf of a potential plaintiff, asserts that Downey’s mixed system violates the CVRA, which aims to prevent election methods that dilute the influence of minority voters. The firm threatened legal action if the city does not eliminate its at-large district in favor of a fully district-based system.

Downey City Council is considering two options to comply with the CVRA:

Transition to a five-district system: In this model, District 5 would be redrawn to represent a specific area of the city, similar to Districts 1 through 4. This option would require the city to hire a demographer to help draw boundaries for five equal-population districts, ensuring they meet state and federal requirements for compactness, contiguity, and community representation.

Adopt a “4+1” system: This approach would retain the four district-based seats as they are, while transforming District 5 into an at-large mayoral seat. Under this plan, voters citywide would elect the mayor, making it the only citywide position. The council would need to decide on a two- or four-year term for the mayoral office, which could first be filled through a citywide election in 2028, following the expiration of Mayor Mario Trujillo’s term.

In the months following the Sarega Law demand, the City Council has explored how to navigate CVRA compliance while minimizing the risk of costly litigation. The CVRA was passed to protect the rights of minority groups in California cities and towns with at-large elections, which can dilute minority representation.

The law sets a low burden of proof for plaintiffs, and cities that have tried to defend their systems against CVRA lawsuits have generally not succeeded, often settling for amounts as high as several million dollars. Nearby cities, including Palmdale, Modesto, and Anaheim, have settled CVRA cases in recent years, with some cities paying as much as $4.7 million.

To avoid a costly legal battle, Downey may adopt one of the two options without needing voter approval. According to state law, cities facing CVRA demands can amend their election systems without a public vote if the change is intended to protect voting rights. This “safe harbor” provision allows cities to outline a transition plan within 45 days of receiving a CVRA notice, granting a period where the plaintiff cannot file a lawsuit. If the city moves forward, any lawsuits would be barred for 90 days to allow time for an orderly transition.

Under either option, the City Council will hold a series of public hearings to gather community input on how the transition should proceed. For a five-district option, a demographer would be needed to draft potential district boundaries, which would then be presented for public feedback. With a “4+1” system, no redistricting would be required; the existing four-district map would remain until the next required update following the 2030 Census.

If Downey adopts a five-district map, significant geographical adjustments may be required, and election timing may be altered to account for the new district. With a 4+1 system, the only change would be the introduction of a mayoral election, potentially with a longer term than the current one-year appointment system.

Both options are reserved for council consideration, but moving forward with either one could protect the city from a costly lawsuit and potential settlement. For the City Council and its constituents, Tuesday’s decision will determine whether Downey reshapes its election system to comply with the CVRA or continues with its current hybrid model.

Public hearings are expected to be scheduled shortly after the council decision, with opportunities for residents to weigh in on district boundaries and the structure of the council. The council’s decision, if favorable to a new system, could set the stage for Downey’s first direct mayoral election in 2028.