ACLU to challenge Sunnyside School District Board elections

The Sunnyside School District Board could be the next jurisdiction to face a lawsuit for allegations of violating the Washington State Voting Rights Act. A group has notified the district that the election system dilutes the Latino vote and if it’s not fixed the district could end up in court.

Sunnyside School District serves a student population with more than 90 percent being Hispanic and Latino students.

Maria Fernandez is executive director of Empowering Latina Leaders and Action. Fernandez said Latinos have no representation in the School Board, and it didn’t change in the last election.

“We were looking at a primarily all-white School District, just like we were looking at an all-white city council,” said Fernandez.

It uses an at-large election system that allows all voters within the School District boundaries to cast their ballots for all School Board candidates, regardless of the district residency of voters.

David Montes is the American Civil Liberties Union attorney handling the case.

“Overwhelmingly, the white voters voted against the Latinx candidate, and the Latinx voters voted for the Latinx candidate,” said Montes.

Montes said he believes the at-large system for Board elections deepens the Latino vote dilution, and the results of District Five, where Sandra Zesati’s run against the incumbent, Stephen Berg, for the School Board seat, proved it.

“In the entire School District, actually, she got 91.5% of the LatinX vote. Her District has 58% LatinX active voters in the voting population. So, we know that in District Five, Sandra Zesati won the election,” Montes said.

However, Montes said that’s because other districts were involved.

“The candidate the people of District Five chose was not elected, because they were able to dilute the votes of the people in District Five. So, I think Sandra Zesati is proof in and of itself of a voting rights violation,” Montes said.

Sunnyside’s School District 2023 Elections results. (Credit: Yakima County)

However, a Latina, Yasmin Barrios, won the District 1 Sunnyside School Board during the same elections. Montes said District 1 had special circumstances, because there were two Latinas racing for the position. Barrios faced incumbent Silvia Ramos.

“When you compare it to the numbers, there are fewer voters in that race. It seems as if certain voters were just going down the list and voting for the white candidates,” Montes said.

Fernandez said there is a lack of representation coupled with very little diversity within the School District’s administration. She also is concerned about racism and discrimination.

“There are parents and students and even staff that are highly frustrated with the environment of the school district. There’s a very frustrating feeling that there is an issue of favoritism, nepotism, racism, discrimination in its hiring practice,” Fernandez said.

Fernandez also said another issue is the lack of Ethnic Studies, Native American Studies, Black Studies and Chicano Studies in the School District.

In a written statement, Jessica Morgan, the director of communications for the Sunnyside School District, said the district is working with its attorney to review the documentation provided to them. The district did not comment regarding the litigation intention.

The district has 90 days to respond to the ACLU notice.

The School District and the Board have been the target of criticism for several months. Parents protested last February to denounce the increase in school violence and lack of action to keep the students safe.