The City of Yakima has latched onto the coat tails of a Texas lawsuit before the nation’s highest court seeking to limit the principle of “one person – one vote.” Last February, a Spokane federal judge ordered the city to elect council representatives by district, rather than at large, reasoning that Latino candidates could not gain a political foothold under the at-large system.
The Yakima City Council on Tuesday formally abandoned its effort to stay this year’s elections under a new court-ordered system. However, the council did vote to file a limited appeal of the $1.8 million in legal costs awarded by the same court to the American Civil Liberties Union of Washington, which sued to change city elections under the federal Voting Rights Act. The appeal only seeks to preserve Yakima’s right to challenge the award or seek its own costs if the city wins its appeal in the 9th Circuit Court. Both motions were passed unanimously.
After successfully suing to change city elections, the American Civil Liberties Union of Washington is now hiring someone to turn out the vote in Yakima this year. The ACLU of Washington is advertising for a full-time voter engagement advocate to lead an education campaign in the city during the 2015 elections. ACLU spokesman Doug Honig said the search may be expanded to include a second hire. The campaign will be primarily directed at Latinos, a growing part of the community that was at the heart of the ACLU’s voting rights lawsuit against the city. “We want to make sure people take advantage of this new system and vote,” said Honig, based in Seattle. “Who they vote for is obviously up to them.”
Yakima’s appeal seeking to stay City Council elections has been turned back by the federal 9th Circuit Court of Appeals. In a decision released Friday, the court said the city’s appeal should be heard by the federal district court judge who first ordered the elections. And in a related development, that district court judge, Thomas Rice, ordered the city of Yakima to pay $1.8 million in legal costs and fees to the American Civil Liberties Union of Washington. In a lawsuit brought against the city by the ACLU, Rice ordered the city to revamp its election process earlier this year after ruling Yakima’s voting system violated the federal Voting Rights Act by routinely suppressing the rights of Latinos.
More than 100 people filed into the Yakima City Council chambers Tuesday, calling for an end to the city’s appeal of a voting rights case that changed Yakima’s elections system to give Latinos a greater voice. But none of the four council members who supported both the appeal and a request to stay this year’s elections offered a motion to reconsider the issue. The protest was in response to the council’s surprise vote June 2 to seek an emergency stay more than a month and a half after the city said it would allow elections to proceed, despite appealing the judge’s ruling to the 9th U.S. Circuit Court.
Yakima has now spent more than $1 million defending a voting rights case brought by the American Civil Liberties Union that upended the city’s elections system. Assistant City Attorney Helen Harvey said Wednesday the city has spent $1,074,062 to date — and costs will continue to rise. Yakima’s attorneys on Tuesday filed a request with the 9th U.S. Circuit Court of Appeals seeking a stay of this year’s elections, and the city expects to file a friend-of-the-court brief with the Supreme Court by early August in a Texas case that could effectively reverse the outcome of the ACLU ruling.
The state Senate is considering new legislation to give localities more authority to hold elections by district. Senate Bill 6129, filed Tuesday by Sen. Pam Roach, R-Auburn, would change state law to allow all counties and cities to hold district elections for their councils or commissions if local officials or voters so choose. State law currently only allows charter cities such as Yakima to change their elections systems, but a number of nonchartered localities with increasing minority populations, such as Pasco, have sought to create districts to improve minority representation. Yakima is one of just 11 charter cities in the state.
The Yakima City Council will ask the 9th U.S. Circuit Court of Appeals to consider a full or partial stay of this year’s elections. In a 4-3 vote Monday, the council approved a resolution asking for a stay and cited the city’s old elections system as the preferred method for voting this year. Under that system, only the positions now held by Maureen Adkison, Thomas Dittmar, Rick Ensey and Kathy Coffey would be up for a citywide vote during the November general election. Dittmar and Ensey have said they would not run this year.
Reverberations from Yakima’s voting rights lawsuit with the American Civil Liberties Union are being felt across the state and in Olympia, where the state Attorney General’s Office is expected to release an opinion related to the issue. The opinion won’t have much, if any, impact in Yakima’s case. But it’s likely to be studied carefully in many other cities, especially Pasco. When Pasco officials saw how poorly Yakima fared in the ACLU lawsuit, they began drafting plans earlier this year to revamp their city’s election process in order to avoid a similar fate. Yakima has been ordered to change its election process by a federal judge who said its old election system violated federal election law by routinely suppressing Latino interests. Under the judge’s order, which is under appeal, Yakima City Council members would be elected by voters in their districts and would no longer be subject to citywide voting.
The first batch of Yakima election ballots already could be in the mail by the time the city’s request to halt new elections reaches the 9th Circuit Court of Appeals. The Yakima City Council voted 5-2 Tuesday night to seek a stay of elections under a court-ordered system that put all seven seats on the ballot in new districts. A federal judge ordered the new system in February, but there was no push for a stay until just last week, when the U.S. Supreme Court agreed to hear a Texas voting rights case that could undo the judge’s ruling in Yakima. The timing caused some council members to ask why the decision wasn’t made earlier, with one councilman saying it was the city’s own defense attorney who originally discouraged it. Another wondered openly whether the stay was merely an attempt by some to stay in office longer.
Yakima will file a legal brief with the U.S. Supreme Court in support of a case that could upend the city’s new elections system, but it narrowly voted against asking for a partial stay in the upcoming elections. The City Council on Wednesday unanimously asked its attorneys to submit a friend-of-the-court brief in Evenwel v. Abbott, a Texas case that seeks to define the “one person, one vote” principle. On Tuesday, the Supreme Court announced it would hear the case sometime in the next year.
A proposal to allow Washington cities to rearrange voting districts so minorities could have a greater voice in elections was praised Thursday as a way to avoid costly federal lawsuits; it also was denounced as a Trojan horse for more litigation. The proposed state Voting Rights Act passed the House on a partisan vote during the regular session but stalled in the Senate despite bipartisan support. It got an airing in a joint Senate committee work session Thursday though it’s unlikely to be revived for the special session, which is concentrating on budgets.
A proposal to allow Washington cities to rearrange voting districts so minorities could have a greater voice in elections was praised Thursday as a way to avoid costly federal lawsuits and denounced as a Trojan horse for more litigation. The proposed state Voting Rights Act, which passed the House on a partisan vote during the regular session but stalled in the Senate despite bipartisan support, got an airing in a joint Senate committee work session. It’s unlikely to be revived for the special session, which is concentrating on budgets, but that didn’t keep tempers from occasionally flaring as legal experts disagreed on its effectiveness.
U.S. Supreme Court justices will convene May 14 to discuss a Texas voting rights case that could impact Yakima’s legal fight with the American Civil Liberties Union. Meanwhile, an attorney hired by the city says negotiations to reduce the ACLU’s $2.8 million fee claim against Yakima are at a standstill. The Supreme Court conference, held behind closed doors, is a routine part of the decision-making process on whether to hear cases submitted to the court. An announcement on whether the case will be heard could come as early as May 18.
Yakima has paid more than $981,000 in attorney fees and expert witness costs in its voting rights case with the American Civil Liberties Union, according to records released by the city today. The City Council voted 5-2 last week to appeal the case to the 9th Circuit Court of Appeals after a judge in federal district court ordered the city to change its council elections system. City officials supportive of the appeal are hopeful a Texas voting rights case with the potential to be heard by the U.S. Supreme Court could give their argument enough weight to reverse the lower court’s decision.
In a not-all-that-unexpected move, the Washington state Democratic Party voted this past weekend at its state central committee meeting to select and allocated delegates to the 2016 national convention through a caucuses/convention system. The party had already telegraphed the move with the earlier release of its draft 2016 delegate selection plan. With Washington Democrats set to hold caucuses in 2016, it does seemingly spell doom for legislation that has been working its way through the Washington state legislature this winter/spring. As it stands now, state law calls for a Washington presidential primary in May of any presidential election year. However, legislation (SB 5978) that has already passed the Republican-controlled state Senate in Washington calls not only for moving the date up to March, but also for the state parties to allocate some of their delegates based on the results of the primary election. Without buy-in from both parties, the primary would still be held but with all candidates from both parties listed together on the primary ballot.
Yakima will appeal a federal court ruling in a voting rights case brought by the American Civil Liberties Union, but elections under a new system ordered by the court will proceed later this year. Citing the possibility that the U.S. Supreme Court may hear a Texas case addressing the same issues raised in Yakima, the City Council on Wednesday voted 5-2 in favor of an appeal, with council members Kathy Coffey and Rick Ensey in the minority. But because the council didn’t seek a stay of the federal judge’s order, all seven council seats will be up for election later this year, as ordered by U.S. District Judge Thomas Rice.
New elections will be held for all seven Yakima City Council seats this year regardless of whether the city appeals a federal judge’s order requiring a new election system, council members said Monday. And the council will see at least two new faces. Councilmen Rick Ensey and Dave Ettl said Monday that they won’t seek re-election. With Friday looming as the deadline for appealing the judge’s ruling in the voting rights case with the American Civil Liberties Union, the City Council has scheduled a special meeting at 2 p.m. Wednesday to decide on an appeal. If the city does appeal, the new system could eventually be thrown out, but council members said the city won’t stop the judge-ordered election.
The city of Yakima hasn’t thrown in the towel yet on its legal fight with the ACLU, but county elections officials said Wednesday they are moving ahead with implementation of a court-ordered redistricting plan for the city. Yakima County Auditor Charles Ross said the decision was made Wednesday after consulting with the county’s attorneys. Ross, whose office oversees municipal and county elections, said updating the information in the county’s voter registration system would take about three days and will likely begin next week. “Our position is we’re going to implement the judge’s order,” Ross said.
The Yakima City Council will ask a federal judge to reconsider his decision in the city’s voting rights case with the American Civil Liberties Union, a move that will reset the clock on an appeal and give members more time to weigh their options. The decision was made Tuesday night during the council’s regular meeting. The vote was 6-0, with Councilman Rick Ensey absent. U.S. District Judge Thomas Rice of Spokane will have to respond to the motion to reconsider, which some people even in Yakima city government expect to be denied. However, it would give the city a new 30-day window to file an appeal after Rice responds to the motion. The city’s attorneys were expected to file the motion before midnight Tuesday.
A proposed state Voting Rights Act remains alive this legislative session, but the odds of it passing the Republican-controlled Senate remain dim. On Wednesday, Senate Democrats attempted to pull Senate Bill 5668 from committee for a floor vote, but the motion was defeated along party lines, 26-23. However, this morning the Democratic-controlled House passed its own version of the Voting Rights Act by a vote of 52-46, again along party lines. It’s the third straight year that Democrats in Olympia have sought aggressively to move the bill forward. The law would allow residents to petition state courts for changes to local elections systems they believe violate the rights of protected minorities and other voters.
As the Yakima City Council considers whether to appeal a federal judge’s decision changing the city’s elections system, members are confronted with an issue of cost versus conscience. Most have at some point in the 21/2-year case come out opposed to changing the elections system. Yakima voters also rejected a separate redistricting proposal in 2011 brought about by a citizen initiative. Regardless, a federal judge has said the system violates the federal Voting Rights Act and on Tuesday ordered a new system of voting by district that includes two districts with a majority of Latino voters. Even if a majority of the council dislikes that outcome, their options for continuing the fight create potentially enormous financial challenges. It’s not just that the city has already spent $918,314 defending the case, or that the American Civil Liberties Union, which filed the case, is expected to seek a sum even greater to cover its legal fees and costs. It’s also a question of where the money to pay for it comes from because the case isn’t covered by the city’s insurance policy.
Free legal advice to a recall campaign isn’t a campaign contribution — neither is free legal advice in pursuit of that argument, and state campaign finance regulators can’t claim otherwise. That idea, the heart of a ruling issued Friday in Pierce County Superior Court, appears to end a four-year battle between backers of a 2011 county recall campaign and the state Public Disclosure Commission that has climbed to the U.S. 9th Circuit Court of Appeals and back. It also adds a footnote to the stormy tenure of ex-Pierce County Assessor-Treasurer Dale Washam, the target of an unsuccessful recall effort in 2011. “The court correctly recognized that pro bono representation in civil rights cases cannot constitutionally be treated as political contribution,” said Bill Maurer, managing attorney in the Washington branch of the Institute for Justice, a Virginia-based public interest law firm. The institute is one of the parties in the case.
Citing the disenfranchisement of Latinos under Yakima’s current council elections system, a federal judge on Tuesday ordered the city to conduct future elections using seven geographic districts — including two majority Latino districts. Under U.S. District Judge Thomas Rice’s ruling, all seven City Council positions would be placed on the ballot this year and candidates would be elected by voters solely from within their district. Under the ruling, candidates would no longer be voted on citywide. The ruling comes in a voting rights lawsuit filed more than two years ago by the American Civil Liberties Union on behalf of two Latino residents. Rice, of the Eastern District Court of Washington, ruled in August that the city’s hybrid election system of at-large and district voting routinely “suffocates” the will of Latino voters.
Washington needs a 2016 presidential primary that’s not merely a “beauty contest” but will count in allocating Democratic and Republican convention delegates, Secretary of State Kim Wyman argued Tuesday. Wyman is asking the Legislature to revive the primary and to give it clout. She will run into resistance. The state’s Democratic and Republican parties are long wedded to their presidential caucuses, which maximize influence of party activists and provide lists of names for fundraising. “My goal is to secure a voice for our Washington voters with a plan that assures a meaningful election where the results are used to allocate at least part of the national convention delegates from our state,” said Wyman, the state’s lone Republican statewide elected official. Wyman estimated that the primary would cost $11.5 million, the bulk of the money to reimburse costs incurred by the state’s 39 counties.
Two bills in the Legislature aim to simplify the process of voting: One through providing prepaid postage on ballots, and the other by allowing voters to return ballots by email and fax. … The state would reimburse counties for the cost of postage. Critics say they support the intent of the bill, but are concerned about where to find the money. The bill would require $2.7 million in the next two-year budget, according to the Office of the Secretary of State. Counties would have to pay for the postage initially until they get reimbursed by the state. … Another proposal to allow ballots and signed declarations to be faxed or emailed also is prompting concern. House Bill 1143 would allow voters to do so by election night, without having to turn in a hard copy of their ballots to the county auditor. Armed forces members and overseas voters vote this way.
Democratic State Rep. Luis Moscoso has introduced a new version of the Washington Voting Rights Act. Moscoso introduced the bill Thursday, Jan. 28. It is scheduled for a hearing Thursday, Feb. 5, before the House committee on state government. It would empower local governments to tailor solutions to systemic electoral issues, which, he said, ensure fairness in local elections and a voice for all communities.
A group of conservative lawmakers from east of the Cascades wants a task force to provide recommendations on how to divide Washington into two separate states. House Bill 1818 would create a task force “to determine the impacts” of dividing the state in two along the Cascade range. The bill cites heightened differences of “cultural and economic values” as the reason for exploring the split. The task force would consist of 10 members from different caucuses in the House and Senate and from the Governor’s Office. It would have to report its findings to the Legislature by the end of September this year, according to the bill.
A bill drafted with Yakima’s council elections system in mind has returned for a third straight try at passing in the Legislature. The state Voting Rights Act, which would make it easier to force localities to switch to geographic district-based elections, was reintroduced Wednesday in the House and with a companion bill in the Senate. The bills are sponsored by Rep. Luis Moscoso, D-Mountlake Terrace, and Sen. Cyrus Habib, D-Kirkland. The proposal would make it easier to challenge a local government’s elections format in court if evidence of racially polarized voting exists.
Covering return postage for the state’s all-mail balloting would cost about $1 million for a presidential election and about $2.7 million for the next two years, a Senate committee was told Monday. But supporters of a proposal to do just that say it would make voting more convenient and remove a possible barrier for poor residents. “Of all the barriers (to voting), being poor should not be one of them,” said Sen. Bob Hasegawa, D-Seattle. “I think today, for some people it’s pretty hard to find a postage stamp,” said Sen. Pam Roach, R-Auburn.