RCW 29A.92.005 Findings—Intent. The legislature finds that electoral systems that deny race, color, or language minority groups an equal opportunity to elect candidates of their choice are inconsistent with the right to free and equal elections as provided by Article I, section 19 and Article VI, section 1 of the Washington state Constitution as well […]
RCW 29A.92.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. In applying these definitions and other terms in this chapter, courts may rely on relevant federal case law for guidance. (1) “At large election” means any of the following methods of electing members of the governing body […]
RCW 29A.92.020 Method of election—Equal opportunity for protected class. As provided in RCW 29A.92.030, no method of electing the governing body of a political subdivision may be imposed or applied in a manner that impairs the ability of members of a protected class or classes to have an equal opportunity to elect candidates of their […]
RCW 29A.92.030 Violations—Factors. (1) A political subdivision is in violation of this chapter when it is shown that: (a) Elections in the political subdivision exhibit polarized voting; and (b) Members of a protected class or classes do not have an equal opportunity to elect candidates of their choice as a result of the dilution or […]
RCW 29A.92.040 Voluntary change to electoral system—Authorized. (1) A political subdivision that conducts an election pursuant to state, county, or local law, is authorized to change its electoral system, including, but not limited to, implementing a district-based election system, to remedy a potential violation of RCW 29A.92.020. (2) If a political subdivision invokes its authority […]
RCW 29A.92.050 Voluntary change to electoral system—Notice—New elections—Districting. (Effective until January 1, 2023.) (1)(a) Prior to the adoption of its proposed plan, the political subdivision must provide public notice to residents of the subdivision about the proposed remedy to a potential violation of RCW 29A.92.020. If a significant segment of the residents of the subdivision […]
RCW 29A.92.060 Voter challenge of electoral system—Notice. (1) A voter who resides in the political subdivision who intends to challenge a political subdivision’s electoral system under this chapter shall first notify the political subdivision. The political subdivision shall promptly make such notice public. (2) The notice provided shall identify and provide contact information for the […]
RCW 29A.92.070 Voter challenge of electoral system—Good faith effort to remedy—Court approval—Safe harbor. (1) The political subdivision shall work in good faith with the person providing the notice to implement a remedy that provides the protected class or classes identified in the notice an equal opportunity to elect candidates of their choice. Such work in […]
RCW 29A.92.080 Voter challenge of electoral system—Filing of action—Multiple challenges. (1) Any voter who resides in the political subdivision may file an action under this chapter if, one hundred eighty days after a political subdivision receives notice of a challenge to its electoral system under RCW 29A.92.060, the political subdivision has not obtained a court […]
RCW 29A.92.090 Action in superior court—Venue—Joint action. (1) After exhaustion of the time period in RCW 29A.92.080, any voter who resides in a political subdivision where a violation of RCW 29A.92.020 is alleged may file an action in the superior court of the county in which the political subdivision is located. If the action is […]
RCW 29A.92.100 Trial schedule—Statute of limitations—Secrecy of vote—Plaintiff bond. (1) In an action filed pursuant to this chapter, the trial court shall set a trial to be held no later than one year after the filing of a complaint, and shall set a discovery and motions calendar accordingly. (2) For purposes of any applicable statute […]
RCW 29A.92.110 Court-ordered remedies—District-based remedies—New elections. (1) The court may order appropriate remedies including, but not limited to, the imposition of a district-based election system. The court may order 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 […]
RCW 29A.92.120 Safe harbor—Limitation of actions. (1) No action under this chapter may be brought by any person against a political subdivision that has adopted a remedy to its electoral system after an action is filed that is approved by a court pursuant to RCW 29A.92.070 or implemented a court-ordered remedy pursuant to RCW 29A.92.110 […]
RCW 29A.92.130 Award of fees. (1) In any action to enforce this chapter, the court may 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. No fees or costs may be awarded […]
RCW 29A.92.700 Not applicable to certain political subdivisions. The provisions of RCW 29A.92.005 through 29A.92.030, 29A.92.060 through 29A.92.130, and 29A.92.900 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. [ 2018 c 113 § 501.]
RCW 29A.92.710 Other laws superseded. This chapter supersedes other state laws and local ordinances to the extent that those state laws or ordinances would otherwise restrict a jurisdiction’s ability to comply with this chapter. [ 2019 c 64 § 15; 2018 c 113 § 503.] NOTES: Explanatory statement—2019 c 64: See note following RCW 1.20.110.
RCW 29A.92.900 Short title. This chapter may be known and cited as the Washington voting rights act of 2018. [ 2019 c 64 § 16; 2018 c 113 § 101.] NOTES: Explanatory statement—2019 c 64: See note following RCW 1.20.110.
