BILL REQ. #:  H-0743.2 

Read first time 01/25/13.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to establishing a voting rights act to promote equal voting opportunity in certain political subdivisions by authorizing district-based elections, requiring redistricting and new elections in certain circumstances, and establishing a cause of action to redress lack of voter opportunity; amending RCW 36.32.020, 54.12.010, and 29A.76.010; adding a new section to chapter 28A.343 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 52.14 RCW; and adding a new chapter to Title 29A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   This act may be known and cited as the Washington voting rights act of 2013.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "At-large method of election" means any of the following methods of electing members of the governing body of a political subdivision:
     (a) One in which the voters of the entire jurisdiction elect the members to the governing body;
     (b) One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body; or
     (c) One that combines the criteria in (a) and (b) of this subsection.
     (2) "District-based elections" means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.
     (3) "Polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. A plaintiff may establish and a court may find that elections are characterized by polarized voting based on relevant and admissible evidence.
     (4) "Political subdivision" means any county, city, town, school district, fire protection district, port district, or public utility district.
     (5) "Protected class" means a class of voters who are members of a race, color, or language minority group.

NEW SECTION.  Sec. 3   (1) At-large elections and district-based elections may not be imposed or applied in a manner that denies a protected class an equal opportunity to elect candidates of its choice or an equal opportunity to influence the outcome of an election.
     (2) An at-large election district or a district-based election district is in violation of this section, when it is shown that:
     (a) The elections in the political subdivision exhibit polarized voting; and
     (b) Members of a protected class do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election.
     (3) The fact that members of a protected class are not geographically compact or concentrated to constitute a majority in a proposed or existing district-based election district shall not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of their choice or influence the outcome of an election.
     (4) In determining whether there is polarized voting under this section, the court shall analyze elections for members of the governing body of the political subdivision or elections incorporating other electoral choices by the voters of the political subdivision.
     (5) The court shall determine whether polarized voting has occurred by examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class who are voters of the political subdivision that is the subject of an action filed pursuant to this chapter. Only elections conducted prior to the filing of an action pursuant to this chapter shall be used to establish or rebut the existence of polarized voting that results in an unequal opportunity for a protected class to elect candidates of their choice or influence the outcome of an election.
     (6) The election of candidates who are members of a protected class and who are preferred by voters of the protected class and who were elected prior to the filing of this action pursuant to this chapter, as determined by an analysis of voting behavior, shall not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of their choice or influence the outcome of an election.
     (7) Members of different protected classes may file an action jointly pursuant to this chapter if they demonstrate that their combined voting preferences as a group are different from the rest of the electorate and demonstrate that there is polarized voting that results in an unequal opportunity for these protected classes to elect candidates of their choice or influence the outcome of an election.
     (8) In an action filed pursuant to this section, the trial court shall set a trial to be held no later than one hundred eighty days after the filing of a complaint, and shall set a discovery and motions calendar accordingly.
     (9) Proof of intent on the part of the voters or elected officials to discriminate against a protected class is not required.
     (10) For purposes of any applicable statute of limitations, a cause of action under this section arises every time there is an election pursuant to an at-large method of election or a district-based election district that is the subject of an action pursuant to this section.
     (11) The plaintiff's constitutional right to the secrecy of the plaintiff's vote is preserved and is not waived by the filing of an action pursuant to this section, and is not subject to discovery.
     (12) In seeking a temporary restraining order or a preliminary injunction, a plaintiff shall not be required to post a bond or any other security in order to secure such equitable relief.

NEW SECTION.  Sec. 4   A political subdivision that conducts an at-large method of election pursuant to state, county, or local law, is authorized to change its electoral system to a district-based method of election. The districts shall be drawn in a manner consistent with section 5 of this act.
     (1) It is the responsibility of each political subdivision to district its governmental unit forty-five days after invoking its authority under this section. Thereafter, it is the responsibility of each political subdivision with a governing body comprised of single-member districts to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.
     (2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each political subdivision charged with redistricting under this act.
     (3) No later than eight months after its receipt of federal decennial census data, the governing body of the political subdivision shall prepare a plan for redistricting its districts.
     (4) The plan shall be consistent with the following criteria:
     (a) Each district shall be as nearly equal in population as possible to each and every other such district comprising the political subdivision.
     (b) Each district shall be as compact as possible.
     (c) Each district shall consist of geographically contiguous area.
     (d) To the extent feasible, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
     (e) During the adoption of its plan, the political subdivision shall ensure that full and reasonable public notice of its actions is provided. The political subdivision shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan.
     (f) District boundaries may not be drawn or maintained in a manner that denies an equal opportunity of a protected class to elect candidates of its choice or an equal opportunity to influence the outcome of an election.
     (5) After invoking its authority under this section, the political subdivision shall order new elections to be scheduled at the next date authorized by state law for conducting elections. All of the positions that were elected pursuant to the previous electoral system and have at least two years remaining in their terms of office shall be subject to new elections in order to continue their term of office.

NEW SECTION.  Sec. 5   (1) Upon a finding of a violation of section 3 of this act, the court shall implement appropriate remedies, including the imposition of a district-based election district that is tailored to remedy the violation. The court may direct the affected jurisdiction to draw or redraw district boundaries or appoint an individual or panel to draw or redraw district lines. The proposed districts must be approved by the court prior to their implementation.
     (2) In tailoring a remedy consisting of district-based elections, the court shall implement a district-based election district that is geographically compact. The fact that members of a protected class do not constitute a numerical majority within a proposed district-based election district shall not preclude the implementation of such a district-based election district. If, in tailoring a remedy, the court orders the implementation of a district-based election district where the members of the protected class are not a numerical majority, the court shall do so in a manner that provides the protected class an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election.
     (3) In tailoring a remedy after a finding of a violation of section 3 of this act:
     (a) If the next date authorized by state law for conducting elections occurs ninety days or more after the court's ruling, the court shall order new elections, conducted pursuant to the remedy, to be scheduled at the next date authorized by state law for conducting elections. If a special filing period is required, the county auditor shall establish a five-day filing period at the earliest possible date.
     (b) If the next election date occurs less than ninety days after the court's ruling, the next election will occur as scheduled and organized.
     (c) All of the positions that were elected pursuant to the at-large or district-based election district that was the subject of the action filed pursuant to this chapter and have at least two years remaining in their terms of office, including those elected pursuant to (b) of this subsection, shall be subject to new elections, pursuant to the remedy implemented under subsection (1) of this section.
     (4) State laws or local ordinances requiring cities, towns, counties, and school districts to conduct district-based elections in a primary and at-large elections in the general election do not apply in jurisdictions that implement district-based elections pursuant to section 4 of this act, or in jurisdictions that are required to implement district-based elections, pursuant to subsection (1) of this section, where district-based elections is defined in section 2(2) of this act.

NEW SECTION.  Sec. 6   (1) In any action to enforce this chapter, the court shall allow the prevailing plaintiff or plaintiffs, other than the state or political subdivision thereof, reasonable attorneys' fees, all nonattorney fee costs as defined by RCW 4.84.010, and all reasonable expert witness fees.
     (2) Prevailing defendants shall not recover an award of fees or costs except pursuant to RCW 4.84.185.
     (3) A plaintiff shall be deemed to be a prevailing party for purposes of this section if the political subdivision that is the subject of an action filed pursuant to this chapter adopts or implements a district-based election district after the action is filed that is different from the district-based election district that is the subject of the action filed.

NEW SECTION.  Sec. 7   Any voter who is a member of a protected class and who resides in a political subdivision where a violation of section 3 of this act is alleged may file an action in the superior court of the county in which the political subdivision is located. If the action is against a county, the action may be filed in the superior court of such county, or in the superior court of either of the two nearest judicial districts as determined pursuant to RCW 36.01.050(2). There is no requirement that an action filed pursuant to this chapter be filed as a class action.

NEW SECTION.  Sec. 8   Prior to filing an action pursuant to this act, a plaintiff shall first notify the political subdivision that the plaintiff intends to challenge the political subdivision's electoral system under this act. If the political subdivision does not invoke its authority under section 4 of this act within forty-five days after receiving notice, a plaintiff may file an action under this act.

NEW SECTION.  Sec. 9   The provisions of this act are not applicable to cities and towns with populations under one thousand or to school districts with K-12 full-time equivalent enrollments of less than two hundred fifty.

NEW SECTION.  Sec. 10   A new section is added to chapter 28A.343 RCW to read as follows:
     The school board of directors may authorize a change to a district-based election as defined in section 2(2) of this act, such districts to be drawn in a manner consistent with sections 4 and 5 of this act. The school board of directors shall order new elections to be scheduled at the next date authorized by state law for conducting elections. The staggering of directors' terms shall be accomplished as provided in RCW 28A.343.030 and 28A.343.620 through 28A.343.650.

NEW SECTION.  Sec. 11   RCW 36.32.020 and 1982 c 226 s 4 are each amended to read as follows:
     The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county: PROVIDED, That the territory comprised in any voting precincts of such districts shall remain compact, and shall not be divided by the lines of said districts.
     However, the commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.
     Except where necessary to comply with a court order issued pursuant to sections 3 and 5 of this act, the lines of the districts shall not be changed ((oftener)) more often than once in four years and only when a full board of commissioners is present. The districts shall be designated as districts numbered one, two and three.

NEW SECTION.  Sec. 12   A new section is added to chapter 35.21 RCW to read as follows:
     The legislative authority of a city or town may authorize a change to a district-based election as defined in section 2(2) of this act, such districts to be drawn in a manner consistent with sections 4 and 5(2) of this act. The legislative authority of a city or town shall order new elections to be scheduled at the next date authorized by state law for conducting elections. All of the positions that were elected pursuant to the previous method of election and have at least two years remaining in their terms of office shall be subject to new elections in order to continue their terms of office.

NEW SECTION.  Sec. 13   A new section is added to chapter 35A.21 RCW to read as follows:
     The legislative authority of a code city or town may authorize a change to a district-based election as defined in section 2(2) of this act, such districts to be drawn in a manner consistent with sections 4 and 5(2) of this act. The legislative authority of a code city or town shall order new elections to be scheduled at the next date authorized by state law for conducting elections. All of the positions that were elected pursuant to the previous method of election and have at least two years remaining in their terms of office shall be subject to new elections in order to continue their terms of office.

NEW SECTION.  Sec. 14   A new section is added to chapter 52.14 RCW to read as follows:
     Where the board of fire commissioners of a fire protection district exercises its authority pursuant to RCW 52.14.013 to create commissioner districts, such districts shall be drawn in a manner consistent with section 3(1) of this act.

Sec. 15   RCW 54.12.010 and 2004 c 113 s 1 are each amended to read as follows:
     A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No. . . . . of . . . . . . County.
     The powers of the public utility district shall be exercised through a commission consisting of three members in three commissioner districts, and five members in five commissioner districts.
     (1) If the public utility district is countywide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change is made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county legislative authority districts.
     (2) If the public utility district comprises only a portion of the county, with boundaries established in accordance with chapter 54.08 RCW, or if the public utility district is countywide and the county does not have three county legislative authority districts, three public utility district commissioner districts, numbered consecutively, each with approximately equal population and following precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility district, subject to appropriate change by the county legislative authority if and when it changes the boundaries of the proposed public utility district. One commissioner shall be elected as a commissioner of each of the public utility district commissioner districts.
     (3) Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district. Only voters of a commissioner district may vote at a primary to nominate candidates for a commissioner of the commissioner district. Voters of the entire public utility district may vote at a general election to elect a person as a commissioner of the commissioner district.
     (4) The term of office of each public utility district commissioner other than the commissioners at large shall be six years, and the term of each commissioner at large shall be four years. Each term shall be computed in accordance with RCW 29A.20.040 following the commissioner's election. All public utility district commissioners shall hold office until their successors shall have been elected and have qualified and assume office in accordance with RCW 29A.20.040.
     (5) A vacancy in the office of public utility district commissioner shall occur as provided in chapter 42.12 RCW or by nonattendance at meetings of the public utility district commission for a period of sixty days unless excused by the public utility district commission. Vacancies on a board of public utility district commissioners shall be filled as provided in chapter 42.12 RCW.
     (6) The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission or by a court order issued pursuant to section 5 of this act, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29A.76 RCW. Except as provided in this section, section 5 of this act, or RCW 54.04.039, the boundaries shall not be changed oftener than once in four years. Boundaries may only be changed when all members of the commission are present. Whenever territory is added to a public utility district under RCW 54.04.035, or added or withdrawn under RCW 54.04.039, the boundaries of the public utility commissioner districts shall be changed to include the additional or exclude the withdrawn territory. Unless the boundaries are changed pursuant to RCW 54.04.039, the proposed change of the boundaries of the public utility district commissioner district must be made by resolution and after public hearing. Notice of the time of the public hearing shall be published for two weeks before the hearing. Upon a referendum petition signed by ten percent of the qualified voters of the public utility district being filed with the county auditor, the county legislative authority shall submit the proposed change of boundaries to the voters of the public utility district for their approval or rejection. The petition must be filed within ninety days after the adoption of resolution of the proposed action. The validity of the petition is governed by the provisions of chapter 54.08 RCW.

Sec. 16   RCW 29A.76.010 and 2011 c 349 s 26 are each amended to read as follows:
     (1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census.
     (2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.
     (3) No later than eight months after its receipt of federal decennial census data, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
     (4) The plan shall be consistent with the following criteria:
     (a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.
     (b) Each district shall be as compact as possible.
     (c) Each district shall consist of geographically contiguous area.
     (d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party, except to the extent necessary to ensure compliance with this act.
     (e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
     (5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing on the redistricting plan at least one week before adoption of the plan.
     (6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior court of the county in which he or she resides, within fifteen days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be joined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section.
     (b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.
     (c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.
     (d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district.

NEW SECTION.  Sec. 17   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 18   Sections 1 through 9 of this act constitute a new chapter in Title 29A RCW.