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August 2, 2021 Page 3 of 4 Factors other than "racially polarized voting" that are required to make out a claim under the FVRA — under the "totality of the circumstances" test - "are probative. but not necessary factors to establish a violation or the CVRA. Eke. Code § 14028(e). These "other factors" include "the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections. denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education. employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns." Id. According to the most recent data (2019) from the American Community Survey conducted by the United States Census Department, Asians comprised 34.2% and Latinos comprised 9.5% of the City's population of 81.777. The complete and unbroken absence of Latino representation and the near absence of Asian representation on the City's governing board. in contrast to the significant Asian and Latino proportions of the City's population, is revealing. Pleasanton's at-large system dilutes the ability of Latinos and Asians (both "protected classes") — to elect candidates of their choice or otherwise influence the outcome of the City's elections. The City's election history is illustrative. It appears that in the past at least 15 years, the City's elections have been devoid of Latino candidates, and while opponents of voting rights may claim that indicates an apathy among the Latino community, the courts have held that is an indicator of vote dilution. (See Westwego Citizens for Better Government v. City of Westwego, 872 F.2d 1201. 1208-1209, n. 9 (5th Cir. 1989).) Additionally illustrative is the fate of minority candidates in the City's recent elections when they have run. The most recent city council election, in 2020, saw two Asian candidates, Zarina Kiziloglu and Chiman Lee, both losing despite significant support from Asian voters. Similarly, Olivia Sanwong. with significant support from the City's Asian community in the 2013 and 2014 elections, lost on both occasions. As you may be aware, in 2012, we sued the City of Palmdale for violating the CVRA. After an eight-day trial, we prevailed. After spending millions of dollars. a district-based remedy was ultimately imposed upon the Palmdale city council, with districts that combine all incumbents into one of the four districts. Given the racially polarized elections for Pleasanton's city council and exogenous elections, we urge the City to voluntarily change its at-large system of electing its City Council. Otherwise, on behalf of residents within the jurisdiction, we will be forced to seek judicial