2612-S AMH NEAL H4298.1

SHB 2612 - H AMD TO H AMD (H-4265.4/12)1145
By Representative Nealey

Beginning on page 5, line 23 of the amendment, strike all of section 5 and insert the following:

"NEW SECTION. Sec. 5 In any action under this chapter, the prevailing party is entitled to a recovery of costs, including an award for reasonable attorneys' fees."

EFFECT:  Strikes provisions that:
     (1) Allow the prevailing plaintiff to recover reasonable attorneys' fees and costs, including for work performed in ancillary proceedings;
     (2) Allow prevailing defendants to recover costs only if the action is frivolous, unreasonable, or without foundation pursuant to RCW 4.84.185; and
     (3) Deem the plaintiff to be the prevailing party when the political subdivision adopts a district-based election district after suit has been filed.
     Replaces these provisions with a provision that allows the prevailing party to recover costs, including an award for reasonable attorneys' fees.

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