June 4, 2015 Honorable Bob Ferguson, Washington State Attorney ...
June 4, 2015 Honorable Bob Ferguson, Washington State Attorney General 1125 Washington Street SE PO Box 40100 Olympia WA 98504 RE:
Request for Opinion - - Code City Authorization to Adopt District-Based General Elections; and County Auditor Authority to Decline District-Based Election Enacted by City Ordinance
Dear Attorney General Ferguson: I am respectfully requesting, pursuant to RCW 43.10.030, a formal opinion from your office regarding a nonchartered code city's authority to amend its voting procedure for district elections from at-large general elections to district-based general elections; and the County Auditor, as ex officio election official for the cities, to implement the change in election procedures. The primary question presented is the application of RCW 35A.12.180 "Optional division of city into wards." Background The City of Pasco is an optional non-chartered code city located within Franklin County, Washington. It has opted, for election purposes to divide the City into five voting districts for the selection of five members of its City Council and two at-large (City-wide) districts for election of the remaining two members of the City Council. Pursuant to RCW 35A.12.180, the City Council candidates are currently selected in the primary by voters within the district, however, at the general election, electors of the entire City vote on all candidates for the City Council. The City of Pasco has a large Hispanic minority population. Incident to its most recent redrawing of its voting districts, the City realigned its districts to provide equal representation. In light of the recent Montes vs. Yakima decision, the City also considered proportional representation of its minority citizens, thereby, creating two Hispanic majority districts geographically, and the two at-large positions serving as Hispanic influenced districts. The result, however, of the at-large general election voting procedure raised the concern that those efforts would be negated creating potential liability under Section 2 of the Federal Voting Rights Act (and limiting the opportunities of minority citizens to have equal opportunity to participate in the political process and to elect representatives of their choice).
The City Council proposed to amend its municipal code, PMC 1.10.070, to provide for district-based primary and general elections. This proposed Ordinance and the legal authority upon which it was based was submitted to the Franklin County Auditor, as the ex officio election official for the City as provided by RCW 36.22.220; RCW 29A.04.216; and RCW 29A.04.330 in anticipation of the 2015 municipal elections. The County Auditor indicated that he lacked authority to conduct, on behalf of the City, district-based general elections on the grounds that it would be a violation of RCW 35A.12.180 and also a violation of his oath of office to support the laws of the State of Washington. This results in a direct conflict for those cities with large minority populations to comply with both the preemptive Federal Voting Rights Act requirements for proportionate and equal representation, and the State statute construed to require at-large voting at general elections. Since this issue has statewide consequences, your formal opinion is respectfully requested. Questions Presented The question requested for your consideration and assistance is: 1.
May a non-charter code city subject to RCW 35A.12.180, having a large minority population, adopt a district-based general election procedure to avoid a potential violation of Section 2 of the Federal Voting Rights Act?
I would be pleased to provide additional information or documentation that may assist in your consideration in rendering a formal opinion of the issue presented above. Respectfully,
Senator Pam Roach President Pro-Tem
Request for Opinion - - Code City Authorization to Adopt District-Based General Elections; and County Auditor Authority to Decline District-Based Election Enacted by City Ordinance
Dear Attorney General Ferguson: I am respectfully requesting, pursuant to RCW 43.10.030, a formal opinion from your office regarding a nonchartered code city's authority to amend its voting procedure for district elections from at-large general elections to district-based general elections; and the County Auditor, as ex officio election official for the cities, to implement the change in election procedures. The primary question presented is the application of RCW 35A.12.180 "Optional division of city into wards." Background The City of Pasco is an optional non-chartered code city located within Franklin County, Washington. It has opted, for election purposes to divide the City into five voting districts for the selection of five members of its City Council and two at-large (City-wide) districts for election of the remaining two members of the City Council. Pursuant to RCW 35A.12.180, the City Council candidates are currently selected in the primary by voters within the district, however, at the general election, electors of the entire City vote on all candidates for the City Council. The City of Pasco has a large Hispanic minority population. Incident to its most recent redrawing of its voting districts, the City realigned its districts to provide equal representation. In light of the recent Montes vs. Yakima decision, the City also considered proportional representation of its minority citizens, thereby, creating two Hispanic majority districts geographically, and the two at-large positions serving as Hispanic influenced districts. The result, however, of the at-large general election voting procedure raised the concern that those efforts would be negated creating potential liability under Section 2 of the Federal Voting Rights Act (and limiting the opportunities of minority citizens to have equal opportunity to participate in the political process and to elect representatives of their choice).
The City Council proposed to amend its municipal code, PMC 1.10.070, to provide for district-based primary and general elections. This proposed Ordinance and the legal authority upon which it was based was submitted to the Franklin County Auditor, as the ex officio election official for the City as provided by RCW 36.22.220; RCW 29A.04.216; and RCW 29A.04.330 in anticipation of the 2015 municipal elections. The County Auditor indicated that he lacked authority to conduct, on behalf of the City, district-based general elections on the grounds that it would be a violation of RCW 35A.12.180 and also a violation of his oath of office to support the laws of the State of Washington. This results in a direct conflict for those cities with large minority populations to comply with both the preemptive Federal Voting Rights Act requirements for proportionate and equal representation, and the State statute construed to require at-large voting at general elections. Since this issue has statewide consequences, your formal opinion is respectfully requested. Questions Presented The question requested for your consideration and assistance is: 1.
May a non-charter code city subject to RCW 35A.12.180, having a large minority population, adopt a district-based general election procedure to avoid a potential violation of Section 2 of the Federal Voting Rights Act?
I would be pleased to provide additional information or documentation that may assist in your consideration in rendering a formal opinion of the issue presented above. Respectfully,
Senator Pam Roach President Pro-Tem
