Attorney general says Washington cities can hold district-based elections

Pasco Mayor Matt Watkins testified Thursday before a state Senate committee in support of a bill that would let cities hold council elections by district.

Six hours later, the state Attorney General’s Office issued an opinion giving Pasco the green light to adopt that electoral process.

But first, the city must have “a strong basis in evidence to conclude that its proposed change is necessary to comply with the federal Voting Rights Act” and be prepared for a potential challenge in court, the decision states.

Watkins sees the formal opinion as positive news for non-charter cities such as Pasco that have been exploring keeping the votes within each district for the general election.

“At the state level, there might be some conflicts, but if the (attorney general’s office) says you can do it with conditions, I think we have to look through those conditions and make sure we satisfy those,” Watkins told the Herald while driving back from Olympia. He had not yet seen the opinion.

“The basic notion is that when you have districts in primaries and then you go to the whole of the city in the general (election), then you’re at risk of diluting the vote, in our case the Latino vote,” he added. “That is contrary to the Voting Rights Act federally. … We want to try and do the right thing.”

Pasco has five districts and two at-large seats held by council members who live anywhere within the city.

The voting district selects the top two candidates in the primary election if three or more file for a specific seat. The two candidates with the most votes then move on to the November election, with the voting open to all city residents.

The 2013 Census showed Pasco’s population is 55 percent Hispanic.

Two of the five voting districts have a Latino majority, with the council boundaries redrawn every two years to reflect equal representation.

Franklin County Auditor Matt Beaton told council members and city staff last spring that he doesn’t have the authority to conduct a district-based general election because it would violate Washington law and his oath of office.

Beaton would continue to follow state law as it stands until Pasco makes an official policy decision and his office gets the legal go-ahead to make a change, he said.

Last May, a majority of the Pasco City Council voted to ask Attorney General Bob Ferguson for an opinion. The following month, Sen. Pam Roach, R-Auburn, requested Ferguson weigh in on the matter.

“Code cities in Washington that believe they may be in violation of the (Voting Rights Act) face difficult decisions and potential legal risk regardless of what course they choose,” the opinion said. “The Legislature could rectify this situation by giving code cities greater authority to structure their general election processes. In the meantime, code cities do have some discretion.”

The opinion by Ferguson and Deputy Solicitor General Jeff Even says non-charter cities are justified in deviating from state law to comply with federal law. However, they will need “substantial research and factual support” and must weigh their individual circumstances against the legal risks.

The opinion further stated that the Attorney General’s Office does not take a position on what the cities should do.

Watkins said there are advantages and disadvantages to switching from citywide to district-based voting.

Some feel the electoral system as it is now in Pasco marginalizes the voting rights of minority groups. A district-only system could result in representation more reflective of the neighborhood, and would make it more affordable for people to run, because district candidates wouldn’t need to post signs throughout the city.

But some counter that even if a candidate is selected to represent the best interests of their specific district or neighborhood, they also are seated on the council to make decisions affecting the entire city.

Pasco was one of several Washington cities that started reviewing their election processes last year after a federal judge ruled that the city of Yakima’s old system violated federal election law by routinely suppressing Latino interests, the Yakima Herald-Republic reported.

Yakima has spent more than $1.1 million defending the case to date and is also appealing a judge’s order to pay the plaintiff, the American Civil Liberties Union of Washington, $1.8 million in legal costs.

There are bills in the state Senate and the House to allow all cities to move to a district-only voting system. Yakima, which is a charter city, already has that authority.

Senate Bill 6129, sponsored by Roach and Sen. Judy Warnick, R-Moses Lake, received a public hearing in committee Thursday morning, but a vote is yet to be scheduled. House Bill 2617, introduced by Rep. Matt Manweller, R-Ellensburg, is scheduled for a hearing Feb. 2 at 10 a.m. before the Committee on State Government.

Watkins doesn’t think there is any correlation in the timing of Roach’s committee hearing and the opinion’s release. However, it does give Pasco the ability to move forward with discussions and potentially make the change without needing legislative authority, he said.

The mayor expects the topic to be debated by the council with city staff, and opened up to the community for discussion. Pasco has a little over a year to consider and adopt a new system because the next council elections will not be held until 2017.

This story was originally published January 28, 2016 at 9:36 PM with the headline "Attorney general says Washington cities can hold district-based elections."