Voting rights act claims

AN ACT Relating to creating guidelines for voter suppression and 1
vote dilution claims under the Washington voting rights act; amending 2
RCW 29A.92.005, 29A.92.010, 29A.92.030, 29A.92.040, 29A.92.050, 3
29A.92.060, 29A.92.070, 29A.92.080, 29A.92.090, 29A.92.100, 4
29A.92.110, and 29A.92.130; adding a new section to chapter 29A.92 5
RCW; and repealing RCW 29A.92.020. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 29A.92.005 and 2019 c 64 s 6 are each amended to 8
read as follows: 9
The legislature finds that electoral systems that deny race, 10
color, or language minority groups an equal opportunity to elect 11
candidates of their choice or impair their ability to otherwise 12
participate in any state of the political process are inconsistent 13
with the right to free and equal elections as provided by Article I, 14
section 19 and Article VI, section 1 of the Washington state 15
Constitution as well as protections found in the Fourteenth and 16
Fifteenth amendments to the United States Constitution. The well-17
established principle of "one person, one vote" and the prohibition 18
on vote dilution have been consistently upheld in federal and state 19
courts for more than fifty years. 20
H-0939.2
HOUSE BILL 1750
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hill, Gregerson, Simmons, Street, Fosse, Obras,
Reed, Ormsby, Farivar, Mena, Parshley, Nance, Scott, Pollet, Macri,
Ryu, and Ramel
Read first time 01/30/25. Referred to Committee on State Government
& Tribal Relations.
p. 1 HB 1750
The legislature finds that there is a history in Washington, as 1
in the United States overall, of discrimination based on race, color, 2
and language minority status, including in access to the political 3
process. As a result of this history and persistent discrimination 4
and socioeconomic inequities that bear on the right to vote, members 5
of race, color, and language minority groups continue to face 6
disparate burdens in exercising the franchise and participating 7
effectively in the political process.8
The legislature also finds that local government subdivisions are 9
often prohibited from addressing these challenges because of 10
Washington laws that narrowly prescribe the methods by which they may 11
elect members of their legislative bodies. The legislature finds that 12
in some cases, this has resulted in an improper dilution of voting 13
power for these minority groups. The legislature intends to modify 14
existing prohibitions in state laws so that these jurisdictions may 15
voluntarily adopt changes on their own, in collaboration with 16
affected community members, to remedy potential electoral issues so 17
that minority groups have an equal opportunity to elect candidates of 18
their choice or influence the outcome of an election.19
In light of these findings, the legislature intends for this 20
chapter to encourage participation in the franchise by all eligible 21
voters and to provide voters in this state with a means to challenge 22
all forms of racial discrimination in voting, including vote dilution 23
and suppression.24
The legislature intends for this chapter to be consistent with 25
federal protections that may provide a similar remedy for minority 26
groups. Remedies shall also be available where the drawing of 27
crossover and coalition districts is able to address both vote 28
dilution and racial polarization. 29
The legislature also intends for this chapter to be consistent 30
with legal precedent from Mt. Spokane Skiing Corp. v. Spokane Co. (86 31
Wn. App. 165, 1997) that found that noncharter counties need not 32
adhere to a single uniform county system of government, but that each 33
county have the same "authority available" in order to be deemed 34
uniform. 35
Sec. 2. RCW 29A.92.010 and 2023 c 56 s 2 are each amended to 36
read as follows: 37
The definitions in this section apply throughout this chapter 38
unless the context clearly requires otherwise. In applying these 39
p. 2 HB 1750
definitions and other terms in this chapter, courts may rely on 1
relevant federal case law for guidance. 2
(1) "At large election" means any of the following methods of 3
electing members of the governing body of a political subdivision:4
(a) One in which the voters of the entire jurisdiction elect the 5
members to the governing body; 6
(b) One in which the candidates are required to reside within 7
given areas of the jurisdiction and the voters of the entire 8
jurisdiction elect the members to the governing body; or9
(c) One that combines the criteria in (a) and (b) of this 10
subsection or one that combines at large with district-based 11
elections. 12
(2) "Cohesive" means that members of a group tend to prefer the 13
same candidates or other electoral choices. 14
(3) "District-based elections" means a method of electing members 15
to the governing body of a political subdivision in which the 16
candidate must reside within an election district that is a divisible 17
part of the political subdivision and is elected only by voters 18
residing within that election district. 19
(4) "Election policy or practice" means any voting qualification, 20
prerequisite to voting, or method of election, and any law, 21
ordinance, resolution, charter or code provision, regulation, rule, 22
policy, practice, procedure, standard, or action with respect to 23
voting or the administration of elections, including the time or date 24
of elections.25
(5) "Electoral system" means the method of electing the governing 26
body of a political subdivision or any election policy or practice 27
administered by the political subdivision.28
(6) "Polarized voting" means voting in which there is a 29
difference in the choice of candidates or other electoral choices 30
that are preferred by voters in a protected class or a coalition of 31
protected classes, and in the choice of candidates and electoral 32
choices that are preferred by voters in the rest of the electorate.33
(((5))) (7) "Political subdivision" means any county, city, town, 34
school district, fire protection district, port district, or public 35
utility district, but does not include the state. 36
(((6))) (8) "Protected class" means a class of voters who are 37
members of a race, color, or language minority group in the state of 38
Washington, as this class is referenced and defined in the federal 39
voting rights act, 52 U.S.C. 10301 et seq. 40
p. 3 HB 1750
NEW SECTION. Sec. 3. A new section is added to chapter 29A.92 1
RCW to read as follows: 2
(1) Except as provided in subsection (2) of this section, no 3
political subdivision or government entity responsible for election 4
administration may implement, impose, or enforce any election policy 5
or practice, or take any action or fail to take any action, that 6
results in, is likely to result in, or is intended to result in a 7
material disparate burden on the ability or opportunity of members of 8
a protected class to vote or participate in any stage of the 9
political process. 10
(2) It is not a violation of subsection (1) of this section if 11
the political subdivision or government entity responsible for 12
election administration demonstrates by clear and convincing evidence 13
that: 14
(a) The election policy or practice is necessary to significantly 15
further a compelling, particularized interest; and16
(b) There is no alternative election policy or practice that 17
would result in less of a disparate burden on members of a protected 18
class. 19
(3) Proof of intent to discriminate against a protected class by 20
a political subdivision or a government entity responsible for 21
election administration is not required for a cause of action to be 22
sustained under this section. 23
(4) The following are circumstances not relevant to demonstrate a 24
violation of subsection (1) of this section: 25
(a) The total number or share of protected class members not 26
materially burdened by the election policy or practice;27
(b) The degree to which the election policy or practice has a 28
long pedigree or was in widespread use at an earlier date;29
(c) The use of an identical or similar election policy or 30
practice in other jurisdictions; 31
(d) The availability of other forms of voting unimpacted by the 32
election policy or practice; and 33
(e) Defenses that the election policy or practice is necessary to 34
address criminal activity, including voter fraud, or to bolster voter 35
confidence in election integrity that are not supported by 36
substantial evidence. 37
(5) A class of people protected by this section may include a 38
coalition of members of different racial, color, or language minority 39
groups. 40
p. 4 HB 1750
Sec. 4. RCW 29A.92.030 and 2023 c 56 s 3 are each amended to 1
read as follows: 2
(1) No method of electing the governing body of a political 3
subdivision may be imposed or applied in a manner that impairs the 4
ability of members of a protected class or classes to have an equal 5
opportunity to elect candidates of their choice as a result of the 6
dilution or abridgment of the rights of voters who are members of a 7
protected class or classes.8
(2) A political subdivision is in violation of ((this chapter )) 9
subsection (1) of this section when ((it is shown that)):10
(a) Elections in the political subdivision exhibit polarized 11
voting; and 12
(b) Members of a protected class or classes do not have an equal 13
opportunity to elect candidates of their choice as a result of the 14
dilution or abridgment of the rights of members of that protected 15
class or classes. 16
(((2))) (3) In determining whether there is polarized voting 17
under this chapter, the court shall analyze election results 18
including, but not limited to, elections of the governing body of the 19
political subdivision, ballot measure elections, elections in which 20
at least one candidate is a member of a protected class, and other 21
electoral choices that affect the rights and privileges of members of 22
a protected class. The court is not required to consider 23
explanations, including partisanship, for why polarized voting under 24
this chapter exists in the political subdivision to determine whether 25
polarized voting under this chapter exists in the political 26
subdivision. Elections conducted prior to the filing of an action 27
pursuant to this chapter are more probative to establish the 28
existence of polarized voting than elections conducted after the 29
filing of an action. 30
(((3))) (4) The election of candidates who are members of a 31
protected class and who were elected prior to the filing of an action 32
pursuant to this chapter shall not preclude a finding of polarized 33
voting that results in an unequal opportunity for a protected class 34
to elect candidates of their choice. 35
(((4))) (5) The equal opportunity to elect shall be assessed 36
pragmatically, based on local election conditions, and may include 37
crossover districts. No single factor is dispositive or necessary to 38
establish a violation of this section. 39
p. 5 HB 1750
(((5))) (6) The fact that members of a protected class are not 1
geographically compact or concentrated to constitute a majority in a 2
proposed or existing district-based election district shall not 3
preclude a finding of a violation under this chapter, but may be a 4
factor in determining a remedy. 5
(((6))) (7) Proof of intent on the part of the voters or elected 6
officials to discriminate against a protected class is not required 7
for a cause of action to be sustained. 8
(((7))) (8) Other factors such as the history of discrimination, 9
the use of electoral devices or other voting practices or procedures 10
that may enhance the dilutive effects of at large elections, denial 11
of access to those processes determining which groups of candidates 12
will receive financial or other support in a given election, the 13
extent to which members of a protected class bear the effects of past 14
discrimination in areas such as education, employment, and health, 15
which hinder their ability to participate effectively in the 16
political process, and the use of overt or subtle racial appeals in 17
political campaigns are probative, but not necessary factors, to 18
establish a violation of this chapter. 19
(((8))) (9) A class of people protected by this section may 20
include a coalition of members of different racial, color, or 21
language minority groups. A coalition of members of different 22
protected classes is not required to demonstrate that each individual 23
racial, color, or language minority group which comprises the 24
coalition is cohesive, only that the coalition as a whole is 25
cohesive. 26
Sec. 5. RCW 29A.92.040 and 2023 c 56 s 4 are each amended to 27
read as follows: 28
(1) A political subdivision that conducts an election pursuant to 29
state, county, or local law, is authorized to change its electoral 30
system, including, but not limited to, implementing a district-based 31
election system, or increasing the number of elected officials on a 32
county commission as authorized by RCW 29A.92.115, to remedy a 33
potential violation of ((RCW 29A.92.020)) this chapter.34
(2) If a political subdivision invokes its authority under this 35
section to implement a district-based election system, the districts 36
shall be drawn in a manner consistent with RCW 29A.92.050.37
p. 6 HB 1750
Sec. 6. RCW 29A.92.050 and 2021 c 173 s 4 are each amended to 1
read as follows: 2
(1)(a) Prior to the adoption of its proposed plan, the political 3
subdivision must provide public notice to residents of the 4
subdivision about the proposed remedy to a potential violation of 5
((RCW 29A.92.020)) this chapter . If a significant segment of the 6
residents of the subdivision have limited English proficiency and 7
speaks a language other than English, the political subdivision must:8
(i) Provide accurate written and verbal notice of the proposed 9
remedy in languages that diverse residents of the political 10
subdivision can understand, as indicated by demographic data; and11
(ii) Air radio or television public service announcements 12
describing the proposed remedy broadcast in the languages that 13
diverse residents of the political subdivision can understand, as 14
indicated by demographic data. 15
(b) The political subdivision shall hold at least one public 16
hearing on the proposed plan at least one week before adoption.17
(c) For purposes of this section, "significant segment of the 18
community" means five percent or more of residents, or five hundred 19
or more residents, whichever is fewer, residing in the political 20
subdivision. 21
(2)(a) If the political subdivision invokes its authority under 22
RCW 29A.92.040 and the plan is adopted during the period of time 23
between the first Tuesday after the first Monday of November and on 24
or before January 15th of the following year, the political 25
subdivision shall order new elections to occur at the next succeeding 26
general election. 27
(b) If the political subdivision invokes its authority under RCW 28
29A.92.040 and the plan is adopted during the period of time between 29
January 16th and on or before the first Monday of November, the next 30
election will occur as scheduled and organized under the current 31
electoral system, but the political subdivision shall order new 32
elections to occur pursuant to the remedy at the general election the 33
following calendar year. 34
(3) If a political subdivision implements a district-based 35
election system under RCW 29A.92.040(2), the plan shall be consistent 36
with the following criteria: 37
(a) Each district shall be as reasonably equal in population as 38
possible to each and every other such district comprising the 39
political subdivision. 40
p. 7 HB 1750
(b) Each district shall be reasonably compact. 1
(c) Each district shall consist of geographically contiguous 2
area. 3
(d) To the extent feasible, the district boundaries shall 4
coincide with existing recognized natural boundaries and shall, to 5
the extent possible, preserve existing communities of related and 6
mutual interest. 7
(e) District boundaries may not be drawn or maintained in a 8
manner that creates or perpetuates the dilution of the votes of the 9
members of a protected class or classes. 10
(f) All positions on the governing body must stand for election 11
at the next election for the governing body, scheduled pursuant to 12
subsection (2) of this section. The governing body may subsequently 13
choose to stagger the terms of its positions. 14
(4) Within forty-five days after receipt of federal decennial 15
census information applicable to a specific local area, the 16
commission established in RCW 44.05.030 shall forward the census 17
information to each political subdivision. 18
(5) No later than November 15th of each year ending in one, the 19
governing body of the political subdivision that had previously 20
invoked its authority under RCW 29A.92.040 to implement a district-21
based election system, or that was previously charged with 22
redistricting under RCW 29A.92.110, shall prepare a plan for 23
redistricting its districts, pursuant to RCW 29A.76.010, and in a 24
manner consistent with this chapter. 25
Sec. 7. RCW 29A.92.060 and 2023 c 56 s 5 are each amended to 26
read as follows: 27
(1) A voter who resides in the political subdivision, an 28
organization whose roster of members and volunteers includes a voter 29
who resides in the political subdivision, or a tribe located at least 30
in part in the political subdivision who intends to challenge a 31
political subdivision's electoral system under this chapter shall 32
first notify the political subdivision. The political subdivision 33
shall promptly make such notice public. 34
(2) The notice provided shall identify and provide contact 35
information for the person or persons who intend to file an action, 36
and shall identify the alleged violation or violations of this 37
chapter and the protected class or classes whose members ((do not 38
have an equal opportunity to elect candidates of their choice or an 39
p. 8 HB 1750
equal opportunity to influence the outcome of an election because of 1
alleged vote dilution and polarized voting )) are affected. The notice 2
shall also include a type of remedy the person believes may address 3
the alleged violation or violations of ((RCW 29A.92.030)) this 4
chapter. 5
Sec. 8. RCW 29A.92.070 and 2023 c 56 s 8 are each amended to 6
read as follows: 7
(1) The political subdivision shall work in good faith with the 8
person, organization, or tribe providing the notice to implement a 9
remedy that resolves the potential violation or violations identified 10
in the notice and provides the protected class or classes identified 11
in the notice an equal opportunity to elect candidates of their 12
choice. Such work in good faith to implement a remedy may include, 13
but is not limited to consideration of: (a) Relevant electoral data; 14
(b) relevant demographic data, including the most recent census data 15
available; and (c) any other information that would be relevant to 16
implementing a remedy. 17
(2) If, in response to a potential violation of RCW 29A.92.030, 18
the political subdivision adopts a remedy that takes the notice into 19
account, or adopts the notice's proposed remedy, the political 20
subdivision shall seek a court order acknowledging that the political 21
subdivision's remedy complies with RCW ((29A.92.020)) 29A.92.030 and 22
was prompted by a plausible violation. The person who submitted the 23
notice may support or oppose such an order, and may obtain public 24
records to do so. The political subdivision must provide all 25
political, census, and demographic data and any analysis of that data 26
used to develop the remedy in its filings seeking the court order and 27
with any documents made public. All facts and reasonable inferences 28
shall be viewed in the light most favorable to those opposing the 29
political subdivision's proposed remedy at this stage. There shall be 30
a rebuttable presumption that the court will decline to approve the 31
political subdivision's proposed remedy at this stage.32
(3) If the court concludes that the political subdivision's 33
remedy complies with RCW ((29A.92.020)) 29A.92.030, an action under 34
((this chapter )) RCW 29A.92.030 may not be brought against that 35
political subdivision for four years by any party so long as the 36
political subdivision does not enact a change to or deviation from 37
the remedy during this four-year period that would otherwise give 38
rise to an action under this chapter. 39
p. 9 HB 1750
(4) In agreeing to adopt the person's, organization's, or tribe's 1
proposed remedy to any violation of this chapter , the political 2
subdivision may do so by stipulation, which shall become a public 3
document. 4
(5)(a) If the court issues an order under subsection (2) of this 5
section as to RCW 29A.92.030 or the political subdivision implements 6
a remedy in response to a potential violation of section 3 of this 7
act, the person, organization, or tribe who sent the notice may make 8
a demand to the political subdivision for reimbursement of the costs 9
incurred in conducting the research necessary to send the notice. A 10
demand made under this subsection must: 11
(i) Be in writing; 12
(ii) Be received by the political subdivision within 30 days of 13
the adoption of the new electoral system; and 14
(iii) Include financial documentation, such as a detailed invoice 15
for demographic services, that supports the demand. The political 16
subdivision may request additional documentation if the documentation 17
provided is insufficient for the political subdivision to corroborate 18
the claimed costs. 19
(b) The political subdivision shall, within 60 days of receiving 20
the demand, reimburse the reasonable costs of the person, 21
organization, or tribe who sent the notice, not to exceed $50,000.22
Sec. 9. RCW 29A.92.080 and 2023 c 56 s 9 are each amended to 23
read as follows: 24
(1) Any voter who resides in the political subdivision, 25
organization whose roster of members and volunteers includes a voter 26
who resides in the political subdivision, or tribe located at least 27
in part in the political subdivision may file an action under this 28
chapter if, 90 days after a political subdivision receives notice of 29
a challenge to its electoral system under RCW 29A.92.060, the 30
political subdivision has not obtained a court order stating that it 31
has adopted a remedy in compliance with RCW ((29A.92.020)) 29A.92.030 32
or otherwise has not adopted a remedy in compliance with section 3 of 33
this act. 34
(2) If, in response to a potential violation of RCW 29A.92.030, a 35
political subdivision has received two or more notices containing 36
materially different proposed remedies, the political subdivision 37
shall work in good faith with the persons to implement a remedy that 38
provides the protected class or classes identified in the notices an 39
p. 10 HB 1750
equal opportunity to elect candidates of their choice. If the 1
political subdivision adopts one of the remedies offered, or a 2
different remedy that takes multiple notices into account, the 3
political subdivision shall seek a court order acknowledging that the 4
political subdivision's remedy is reasonably necessary to avoid a 5
violation of RCW ((29A.92.020)) 29A.92.030. The persons, 6
organizations, or tribes who submitted the notice may support or 7
oppose such an order, and may obtain public records to do so. The 8
political subdivision must provide all political, census, and 9
demographic data and any analysis of that data used to develop the 10
remedy in its filings seeking the court order and with any documents 11
made public. All facts and reasonable inferences shall be viewed in 12
the light most favorable to those opposing the political 13
subdivision's proposed remedy at this stage. There shall be a 14
rebuttable presumption that the court will decline to approve the 15
political subdivision's proposed remedy at this stage.16
(3) If the court concludes that the political subdivision's 17
remedy complies with RCW ((29A.92.020)) 29A.92.030, an action under 18
((this chapter )) RCW 29A.92.030 may not be brought against that 19
political subdivision for four years by any party so long as the 20
political subdivision does not enact a change to or deviation from 21
the remedy during this four-year period that would otherwise give 22
rise to an action under this chapter. 23
(4)(a) If the court issues an order under subsection (2) of this 24
section as to RCW 29A.92.030 or the political subdivision implements 25
a remedy in response to a potential violation of section 3 of this 26
act, the persons, organizations, or tribes who sent notices may make 27
a demand to the political subdivision for reimbursement of the costs 28
incurred in conducting the research necessary to send the notices. A 29
demand made under this subsection must: 30
(i) Be in writing; 31
(ii) Be received by the political subdivision within 30 days of 32
the adoption of the new electoral system; and 33
(iii) Include financial documentation, such as a detailed invoice 34
for demographic services, that supports the demand. The political 35
subdivision may request additional documentation if the documentation 36
provided is insufficient for the political subdivision to corroborate 37
the claimed costs. 38
p. 11 HB 1750
(b) The political subdivision shall, within 60 days of receiving 1
the demand, reimburse the reasonable costs of the persons, 2
organizations, or tribes who sent the notices, not to exceed $50,000.3
Sec. 10. RCW 29A.92.090 and 2023 c 56 s 6 are each amended to 4
read as follows: 5
(1)(a) After exhaustion of the time period in RCW 29A.92.080, any 6
voter who resides in a political subdivision, organization whose 7
roster of members and volunteers includes a voter who resides in the 8
political subdivision, or tribe located at least in part in the 9
political subdivision where a violation of ((RCW 29A.92.020)) this 10
chapter is alleged may file an action in the superior court of the 11
county in which the political subdivision is located. If the action 12
is against a county, the action may be filed in the superior court of 13
such county, or in the superior court of either of the two nearest 14
judicial districts as determined pursuant to RCW 36.01.050(2). An 15
action filed pursuant to this chapter does not need to be filed as a 16
class action. The notice and exhaustion of the time period in RCW 17
29A.92.080 is not required to file an action under this section in 18
circumstances described in (b) of this subsection.19
(b) A party may file an action without providing notice and 20
exhausting the time period in RCW 29A.92.080 if:21
(i) The party is seeking preliminary relief with respect to an 22
upcoming election in accordance with RCW 29A.92.100;23
(ii) The party is seeking to intervene in or join an existing 24
action; or25
(iii) Following the party's submission of notice, the political 26
subdivision enacted a remedy that would not remedy the violation 27
identified in the notice.28
(2) ((A)) In an action under RCW 29A.92.030, a coalition of 29
members of different protected classes may file an action jointly 30
pursuant to this chapter if they demonstrate that the combined voting 31
preferences of the multiple protected classes are polarized against 32
the rest of the electorate. A coalition of members of different 33
protected classes is not required to demonstrate that each individual 34
racial, color, or language minority group which comprises the 35
coalition is cohesive. 36
(3) Nothing in this section shall be interpreted to relieve a 37
party of the requirement to establish standing as provided in 38
Washington case law when commencing an action under this title.39
p. 12 HB 1750
Sec. 11. RCW 29A.92.100 and 2019 c 64 s 13 are each amended to 1
read as follows: 2
(1) In an action filed pursuant to this chapter, the trial court 3
shall set a trial to be held no later than one year after the filing 4
of a complaint, and shall set a discovery and motions calendar 5
accordingly. 6
(2) For purposes of any applicable statute of limitations, a 7
cause of action under this chapter arises every time there is an 8
election for any members of the governing body of the political 9
subdivision. 10
(3) The plaintiff's constitutional right to the secrecy of the 11
plaintiff's vote is preserved and is not waived by the filing of an 12
action pursuant to this chapter, and the filing is not subject to 13
discovery or disclosure. 14
(4) In an action filed pursuant to this chapter in which a 15
plaintiff seeks a temporary restraining order or a preliminary 16
injunction with respect to an upcoming election, the court shall 17
grant relief if it determines that:18
(a) The plaintiff is more likely than not to succeed on the 19
merits; and20
(b) It is possible to implement an appropriate remedy that would 21
resolve the alleged violation in the upcoming election.22
(5) In seeking a temporary restraining order or a preliminary 23
injunction, a plaintiff shall not be required to post a bond or any 24
other security in order to secure such equitable relief.25
(((5))) (6) No notice may be submitted to any political 26
subdivision pursuant to this chapter before July 19, 2018.27
Sec. 12. RCW 29A.92.110 and 2023 c 56 s 7 are each amended to 28
read as follows: 29
(1) After finding a violation of ((RCW 29A.92.020)) this chapter 30
or upon stipulation of the parties, the court may order appropriate 31
remedies that are tailored to address the violation including, but 32
not limited to, the imposition of a district-based election system or 33
expansion of the number of elected county commissioners if authorized 34
by RCW 29A.92.115, or modification of the political subdivision's 35
election policies and practices . In tailoring a remedy, the court 36
shall consider proposed remedies by the parties and may not give 37
deference to a proposed remedy only because it is proposed by the 38
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political subdivision. The court may not approve a remedy that 1
violates this chapter. 2
(2) If the court orders a district-based remedy, the court must 3
approve proposed district boundaries prior to their implementation. 4
The court must determine that the proposed district boundaries will 5
not violate this chapter. 6
(3) Implementation of a district-based remedy is not precluded by 7
the fact that members of a protected class do not constitute a 8
numerical majority within a proposed district-based election 9
district. If, in tailoring a remedy, the court orders the 10
implementation of a district-based election district where the 11
members of the protected class are not a numerical majority, the 12
court shall do so in a manner that provides the protected class an 13
equal opportunity to elect candidates of their choice. The court may 14
also approve a district-based election system that provides the 15
protected class the opportunity to join in a coalition of two or more 16
protected classes to elect candidates of their choice if there is 17
demonstrated political cohesion among the protected classes.18
(4) In tailoring a remedy after a finding of a violation of RCW 19
((29A.92.020)) 29A.92.030 or upon stipulation of the parties:20
(a) If the court's order providing a remedy or approving proposed 21
districts, whichever is later, is issued during the period of time 22
between the first Tuesday after the first Monday of November and on 23
or before January 15th of the following year, the court shall order 24
new elections, conducted pursuant to the remedy, to occur at the next 25
succeeding general election. If a special filing period is required, 26
filings for that office shall be reopened for a period of three 27
business days, such three-day period to be fixed by the filing 28
officer. 29
(b) If the court's order providing a remedy or approving proposed 30
districts, whichever is later, is issued during the period of time 31
between January 16th and on or before the first Monday of November, 32
the next election will occur as scheduled and organized under the 33
current electoral system, but the court shall order new elections to 34
occur pursuant to the remedy at the general election the following 35
calendar year. 36
(c) The remedy may provide for the political subdivision to hold 37
elections for the members of its governing body at the same time as 38
regularly scheduled elections for statewide or federal offices. All 39
positions on the governing body must stand for election at the next 40
p. 14 HB 1750
election for the governing body, scheduled pursuant to this 1
subsection (4). The governing body may subsequently choose to stagger 2
the terms of its positions. 3
(5) Within thirty days of the conclusion of any action filed 4
under RCW 29A.92.100, the political subdivision must publish on the 5
subdivision's website, the outcome and summary of the action, as well 6
as the legal costs incurred by the subdivision. If the political 7
subdivision does not have its own website, then it may publish on the 8
county website. 9
Sec. 13. RCW 29A.92.130 and 2023 c 56 s 10 are each amended to 10
read as follows: 11
(1) In any action to enforce this chapter, the court may allow 12
the prevailing plaintiff or plaintiffs, other than the state or 13
political subdivision thereof, reasonable attorneys' fees, all 14
nonattorney fee costs as defined by RCW 4.84.010, and all reasonable 15
expert witness fees, including all such reasonable fees and costs 16
incurred before filing the action. 17
(2)(a) A prevailing plaintiff does not need to achieve relief or 18
favorable judgment if the plaintiff demonstrates that they succeeded 19
in altering the political subdivision's behavior to correct a claimed 20
harm. 21
(b) For purposes of this section, "altering the political 22
subdivision's behavior" includes, but is not limited to, adopting a 23
new method of electing a governing body, modifying district 24
boundaries, or ((amending a voting rule or qualification )) modifying 25
an election policy or practice. 26
(3) Prevailing defendants may recover an award of fees or costs 27
pursuant to RCW 4.84.185. 28
NEW SECTION. Sec. 14. RCW 29A.92.020 (Method of election— Equal 29
opportunity for protected class) and 2018 c 113 s 104 are each 30
repealed.31
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p. 15 HB 1750