Washington: Federal judge rules against Yakima in voting rights case | Yakima Herald Republic

After two years of litigation, a federal judge has ruled in favor of the American Civil Liberties Union in its voting rights lawsuit against the city of Yakima, bringing potentially dramatic change to Yakima city politics. In a summary judgment issued Friday afternoon, the judge said the ACLU’s case was strong enough to vacate a trial and should move directly to the remediation phase, where both the ACLU and the city will present proposals for changing the way City Council members are elected. The ACLU already has proposed all-district voting for the seven council members. The ruling determined that Yakima’s current election system violates Section 2 of the federal Voting Rights Act by diluting the Latino community vote.

Washington: Justice Department file brief against Yakima in ACLU voting district case | Tri-City Herald

The U.S. Justice Department says part of Yakima’s defense against an ACLU voting rights lawsuit “lacks merit,” according to a brief filed in federal court Friday. The brief was filed in response to a motion from the city of Yakima asking the judge to dismiss the case without a trial through summary judgment. Yakima’s attorneys argue an ACLU expert witness’ examples of how City Council elections could be redistricted exclude criteria required by the federal Voting Rights Act, making them unconstitutional. But the Justice Department disagrees in a 13-page brief that says little else about the case, which has been in litigation since August 2012. The ACLU came up with seven redistricting proposals, including at least one Latino majority district in each example. Five of the proposed district maps were based on general population and two were based on citizen voting age population.

Washington: Election observer with gun spurs open-carry debate | The Columbian

This Tuesday’s primary may not have had many election surprises, but it did produce a first for four-term Clark County Auditor Greg Kimsey: A certified election observer, whose job is to watch over those tallying votes, showed up wearing a .45 caliber semi-automatic pistol. Every day before leaving his house, Gerald “Rick” Halle says, he attaches his firearm to his hip. Monday, as the 48-year-old Vancouver man and certified election observer cruised over to the auditor’s office, it was no different. “I can’t predict when I walk out the door what’s going to happen,” Halle said, likening it to putting on his seat belt before starting the car. The county currently prohibits employees from carrying a firearm at work, but elected officials and the public are allowed to bring weapons into some county buildings.

Washington: Write-in candidates may complicate election | Yakima Herald Republic

Determining election results in two races could be more tedious next month with two write-in candidates seeking office. Zillah Republican Curtis E. Vangstad announced that he’s a write-in candidate for Yakima County Commissioner, seeking Republican Rand Elliot’s seat for District 3. And Yakima attorney Michael “Scott” Brumback is making a write-in bid as a conservative Republican for a 14th Legislative District seat held by Rep. Norm Johnson, R-Yakima. Having two write-in candidates at once is rare in Yakima County, and could create additional work for election officials, Yakima County Auditor Corky Holloway said Friday. Election officials hand-type every name voters write on ballots and record the results. “It is tedious, but that’s their job,” Holloway said. “It’s timely, but it’s doable.”

Washington: Yakima County’s new machine speeds, automates ballot sorting | Yakima Herald Republic

There will be much less handling of ballots in Yakima County this election, thanks to a new $200,000 machine that systematically counts, verifies and sorts each ballot into its corresponding precinct. “It will save a lot of time and a lot of hands by not pulling other auditors away from their jobs to help us,” county Elections Manager Kathy Fisher said Monday as a representative from the manufacturer demonstrated how to use the machine. Although the new machine won’t speed up the time it takes to count votes, it will get ballots to the counting process faster.

Washington: The Seattle Prof Who Is Changing the Conversation – and Law—Surrounding Voter I.D. | Seattle News Weekly

The debate over state voter-ID laws in the lead-up to November’s elections may have gained a national audience, but the legal action has played out largely in Midwest and Southern courtrooms to this point. That’s not to say Seattle hasn’t been well-represented. University of Washington political science professor Matt Barreto has been in the middle of most of it. Or at least his research has. The 37-year-old professor has lately been a man in demand. The research he and his colleague, New Mexico professor Gabriel Sanchez, are becoming known for has become part of the standard playbook for lawyers challenging voter-ID laws. Using statistically sound large-swath surveys on a state-by-state basis, Barreto’s findings have demonstrated that not only are blacks, Latinos, and minorities less likely to possess valid photo ID, they’re also less likely to have the documents necessary to obtain such ID.

Washington: Extending online voter signup | Spokesman-Review

Procrastinating voters who delay registering as the election approaches would have a little more time to sign up on-line before an election under a bill moving through the Legislature. But those who would prefer to go to the elections office and fill out the form would have a little less. Washington currently has two deadlines for eligible residents to register to vote: 29 days before an election for filling out a form and mailing it in or filling out the online registration form and pressing the send button; eight days before the election for those willing to go to the county elections office and fill out the necessary paperwork.

Washington: Democrats push forward minority voting bill; measure likely to die in Senate | Associated Press

In another move to differentiate themselves from the Republican-controlled Senate, House Democrats are pushing forward a measure that aims to enhance minority voting rights. The House is expected to vote next week on the measure called the Washington Voting Rights Act, which opens the possibility of court challenges to cities, counties and school districts to push them to switch from at-large to district elections in areas where large minority groups are present. The measure, like others in this short session, is expected to die in the Senate, a chamber controlled by a Republican-dominated coalition. This short legislative session is shaping into a bipartisan stall, where measures from opposite chambers aren’t going anywhere.

Washington: Recount Confirms SeaTac Voters Approved $15 Minimum Wage | KPLU

Voters in the city of SeaTac have approved a $15 minimum wage, a recount of the ballots confirmed Monday. Proposition 1 initially passed by a slim margin of 77 votes out of 6,003 votes cast last month. But even before the ballots were certified, the group Common Sense SeaTac called for a recount by hand in the hotly-contested race. The group is supported by Alaska Airlines, rental car companies and airport baggage-handling businesses. Monday’s recount confirmed the general election’s outcome, King County Elections said. The recount results will be certified and posted on Tuesday, the office said.

Washington: SeaTac $15 wage win tempered by recount, legal hurdles | Crosscut.com

Opponents of a ballot initiative that would raise the minimum wage for workers at some businesses in and around Seattle-Tacoma International Airport to $15 announced on Tuesday that they were calling for a recount in the narrowly decided and closely watched contest. The prospect of a recount and more legal hurdles hardly stopped supporters from celebrating their narrow victory in the three-week-long vote count by King County Elections. The initiative, SeaTac Proposition 1, which eked out a 77-vote victory, has garnered national attention as other cities, including Seattle, weigh the merits of upping their minimum wages. Supporters pointed to the measure’s potential for spurring wider action. The hot-button ballot measure continues to pit business owners, who say they can’t afford the 63 percent wage hike, against workers ,who say they can’t make ends meet. Proposition 1 is also facing legal challenges. Two small food businesses, Alaska Airlines and the Washington Restaurant Association have a case pending against the city of SeaTac, the city’s clerk and the Port of Seattle in King County Superior Court, contending the ballot measure violates state and federal laws.

Washington: Voting rights legislation is pushed to benefit minority groups | Seattle Times

Racial and ethnic minority groups are continually elbowed out of policy discussions at the local level due to an unfair elections system, at least according to supporters of a bill intended to change that. Introduced in 2012, the Washington Voting Rights Act (WVRA) aims to address the allegedly unfair system by providing legal remedy to citizens who feel that the community they live in is underrepresented in local government. Technically, the bill targets “polarized voting,” where there is a disparity between the losing candidate that minority groups voted for and the winning candidate voted for by the rest of the electorate. A citizen who feels that their community is underrepresented by their current representative submits a grievance to their local government and if polarized voting is found to be present, then the district must make changes to their district make-up for future elections. The remedy for at-large districts would be to switch to district-based voting, which would create smaller voting blocs gerrymandered around smaller communities. If that change is not made within 45 days of the complaint, then the plaintiff may sue.

Washington: Problematic ballots may decide fate of $15 wage | Associated Press

Dozens of problematic ballots could determine the fate of an initiative that seeks to establish a $15 minimum wage for many workers in the airport city of SeaTac. The ballot measure was winning by just 43 votes late Tuesday afternoon as officials in King County released an updated vote count. There also likely are hundreds more votes to be counted in the coming days due to the lengthy ballot-collection process caused by the state’s vote-by-mail system. On election night, the initiative was leading by a 261-vote margin — a decent gap in a race that’s likely to draw maybe 6,000 total votes. Supporters declared victory but have since lost much of their advantage, with opponents gaining ground during each ballot drop until Tuesday, when the updated margin was identical to the previous release Friday night. “There’s no cork-popping. There’s only nail-biting,” said Gary Smith, a spokesman with opposition group Common Sense SeaTac.

Washington: Voters to decide ‘initiative on initiatives’ | Capital Press

Washington state residents have plenty of experience voting on new law proposals, but next month they’ll decide on an “initiative on initiatives” that would make it easier to get such measures on the ballot. The proposal, Initiative 517, was sparked in part by a series of legal battles over local measures seeking to block red light cameras, including one case last year that went to the state Supreme Court. By requiring that voters be allowed to have their say on any proposal that qualifies for the ballot, even if a lawsuit has been filed against it, the initiative pushes back at cities that have sued — some successfully — to block local challenges to the cameras. “Initiative power is not subject to pre-election challenges,” said Mark Baerwaldt, a spokesman for the campaign. “It’s the way the will of the people is expressed.” The initiative also would give supporters a year, instead of the current six months, to collect signatures, and it would make it a misdemeanor to interfere with the signature-gathering process. Business groups and others have lined up in opposition, saying the proposal will affect their ability to deal with nuisances outside of their stores.

Washington: Voters will weigh in on measure that would expand rights of initiative signature gathers | Associated Press

Washington state residents have plenty of experience voting on new law proposals, but next month they’ll decide on an “initiative on initiatives” that would make it easier to get such measures on the ballot. The proposal, Initiative 517, was sparked in part by a series of legal battles over local measures seeking to block red light cameras, including one case last year that went to the state Supreme Court. By requiring that voters be allowed to have their say on any proposal that qualifies for the ballot, even if a lawsuit has been filed against it, the initiative pushes back at cities that have sued — some successfully — to block local challenges to the cameras. “Initiative power is not subject to pre-election challenges,” said Mark Baerwaldt, a spokesman for the campaign. “It’s the way the will of the people is expressed.” The initiative also would give supporters a year, instead of the current six months, to collect signatures, and it would make it a misdemeanor to interfere with the signature-gathering process.

Washington: Washington state upgrades voter registration program | Bothell Reporter

The Office of the Secretary of State and Washington’s 39 County Auditors are breaking new ground in the coming days as they begin updating over 53,000 voter registration records and mail voter registration information to more than 140,000 potentially eligible, but unregistered residents. Updating such a large number of records and conducting focused registration education recently has become possible, thanks to the Electronic Registration Information Center (ERIC). ERIC is a non-profit organization that assists states with improving the accuracy of America’s voter rolls and increasing access to voter registration for all eligible citizens. It is governed and managed by states that choose to join, and was formed by seven states in 2012 with assistance from The Pew Charitable Trusts. The seven participating states include Colorado, Delaware, Maryland, Nevada, Utah, Virginia and Washington. More states are expected to join. “ERIC provides states with a powerful new set of tools that improve the accuracy of voter rolls and expand access to voter registration, achieving both goals more efficiently,” Secretary of State Kim Wyman said.

Washington: County dumps controversial ballot-tracker system | Journal of the San Juan Islands

The ballot bar code lawsuit, White v. Reed, is now eight years old and does not appear to be ending any time soon. The lawsuit claims that bar codes on the ballot envelope and on the ballot itself violate the Washington law that states, “No paper ballot or ballot card may be marked in any way that would permit the identification of the person who voted that ballot.” Multiple motions have been filed, briefed and argued, but the only clear result is that San Juan County is likely to save money by abandoning the Mail-in Ballot Tracking system previously used here. County Auditor Milene Henley said that after Superior Court Judge Don Eaton decided that the tracking system violated a state law that requires any voting system to obtain federal certification, she decided not to appeal that decision, but instead to abandon the MIBT system, even though Henley insists that the MIBT system did not in any way compromise ballot secrecy.

Washington: Hurdle cleared in barcode case | San Juan Journal

Although the battle over the use of barcodes on San Juan County election ballots is now in its seventh year, and much has changed over that time, there is at least one thing that the parties on either side of this protracted legal debate can agree upon. And that is, that the ballot-tracking software used to monitor the flow of ballots in and out of the county Elections office, called Mail-in Ballot Tracker, has never been certified by the state agency that oversees elections in Washington, the Secretary of State. San Juan County Superior Court Judge Don Eaton notified the litigants in a March 27 “letter decision” — sort of a heads up of an official ruling to come — that MiBT should be certified because, as defined by state law, it functions as part of the “voting system” used by the county to conduct elections.

Washington: Superior Court Judge rules ballot tracking software part of “election system” | San Juan Islander

San Juan Superior Court Judge Don Eaton issued a letter March 27 ruling VoteHere  MiBT (Mail-in Ballot Tracker) is an integral part of the voting system, and required to undergo certification by the Secretary of State. State law prohibits voting systems not certified under the legislature’s program of public examination and expert testing. The court did not say that the county must discontinue use of the ballot tracker software during the pendency of the case, though that may come up at a later date.
The letter is in response to a citizen suit originally brought by Orcas Island residents Tim White and Allan Rosato in 2006. The two seek to remove the unique ballot bar codes. The VoteHere MiBT, is a paperless election tracking, processing and auditing software package. A series of processing station time stamps are used to track each ballot from the time it was sent to the voter to the time it was counted.

Washington: Senate panel hears voting rights bill | seattlepi.com

A Washington state Senate committee heard testimony Tuesday on legislation to make it easier for minorities to get elected to local government posts. The Washington Voting Rights Act, as supporters call it, would encourage court challenges to cities, counties, school districts and others to push them to switch from at-large to district elections in areas where large minority groups are present. Sen. Pam Roach, chairwoman of the Senate Governmental Operations Committee, said it was not likely the bill would advance from her panel. “It’s a long reach,” she said, noting that her committee consists of four Republicans and three Democrats. “These haven’t traditionally been Republican issues.”

Washington: State House passes Washington Voting Rights Act | Associated Press

The state House passed a measure Thursday to reform representation of minorities in local elections, over the objections of Republicans who said that the measure was unnecessary and potentially costly. The Washington Voting Rights Act passed on a nearly party-line 53-44 vote. Rep. Chris Hurst, D-Enumclaw, joined Republicans in opposing the measure. The bill now heads to the Senate, where its future is uncertain. The measure allows for minority individuals or groups to seek court-mandated orders to jurisdictions to reform their elections. Those jurisdictions include towns and cities of 1,000 people or more, school districts, fire districts, counties, and ports, among others. Among the remedies is shifting from at-large elections to district-based elections to better represent residents. Rep. Luis Moscoso, D-Mountlake Terrace, said the idea of proportional representation is reflective of American democracy. “When a neighborhood or community cannot elect representation from their locality, then that democracy is not served, and our American dream is diminished,” he said.

Washington: Moscoso voting rights bill goes to state House | HeraldNet.com

Democratic State Rep. Luis Moscoso’s Washington Voting Rights Act goes to the full House of Representatives after a committee approved it along with four other elections bills. Members of the House Government Operations and Elections Committee approved five pieces of legislation Monday, including the Voting Rights Act, a bill aimed at ending voter exclusion and promoting diversity in elected office. The Washington Voting Rights Act would encourage cities, towns and other local jurisdictions to switch from at-large elections to smaller districted elections. The bill, Moscoso said Tuesday, would empower local communities that have difficulties getting community members elected in at-large elections. The bill would exempt municipalities with populations under 1,000 and school districts with less than 250 students but would give people in qualifying communities the ability to sue in state courts if they feel their rights are being violated.

Washington: Voting Rights Act draws contentious testimony | Sequim Gazette

A group of House Democrats re-introduced a bill this session that would affect how local governments run their elections in certain political subdivisions. Known as the Washington Voting Rights Act, House Bill 1413 is intended to address underrepresentation of minority groups in local government. The bill prohibits unfair elections in which members of a protected class (members of a racial, ethnic or language minority) are unable to influence an election and/or receive adequate representation in local political subdivisions. To affect how elections are operated in local government districts, persons of a minority group must provide evidence that polarized voting has occurred and that members of a protected class, while maybe a smaller percentage of the total electorate, do not have an equal opportunity to influence election results. Polarized voting may be observed when there is a disparity between the candidate chosen by voters of a protected class or by those of the remainder of the electorate.

Washington: Saturday mail delivery set to end | The Olympian

The U.S. Postal Service announced Wednesday that it will end Saturday home mail service for first-class mail, a move that is expected to save the financially strapped agency $2 billion. The decision to cut Saturday service is set to take effect Aug. 5. No first-class mail means letters, magazines, advertising mail, catalogs, newspapers and Netflix DVDs will not be delivered on Saturdays, regional Postal Service spokesman Ernie Swanson said. Parcels will be delivered on Saturdays, and those who have a post office box will still get their mail, he said. “We are simply not in a financial position where we can maintain six days of mail delivery,” Postmaster General and Chief Executive Patrick Donahoe said. “The ease of online bill payments has led to the decline of first-class mail volume since 2008, a major blow to the institution.” In the past fiscal year, the Postal Service has seen a financial loss of $15.9 billion.

Washington: Slew of bills target voting process in Washington | The Columbian

With last fall’s election fresh in their memories, many legislators are proposing changes to the election process. In-person voting, prepaid postage on ballots, and relaxing constituent outreach restrictions for incumbents could all become a reality if the measures pass. Sen. Don Benton, R-Vancouver, wants to loosen the rules about what information he and other state lawmakers could put on their official websites and in their official newsletters during campaign season. Benton said during a public hearing on his proposal, Senate Bill 5019, that although some restrictions are necessary to prevent campaign abuses, other restrictions are “completely ridiculous” and prevent his ability to communicate with the people in his district. State law prohibits legislators running for election to make any changes to their official Web pages during the months leading up to an election. (Most candidates maintain a campaign website, the content of which they can control.)

Washington: Jefferson County WA ballot accidentally asks voters to pick a president of the Untied States | Peninsula Daily News

Jefferson County voters are casting their ballots for “President/Vice President of the Untied States.” “Yes, it’s a typo,” lamented County Auditor Donna Eldridge. Eldridge and her staff didn’t notice the mistake until it was brought to her attention Tuesday by the Peninsula Daily News, which had been alerted by a Port Townsend voter earlier in the day. The mistake appears on 22,596 ballots that were sent out to voters last Wednesday. As of Tuesday afternoon, 2,901 had been returned in the all-mail election that ends at 8 p.m. Nov. 6.

Maryland: Cracks in Maryland and Washington Voter Databases | NYTimes.com

Computer security experts have identified vulnerabilities in the voter registration databases in two states, raising concerns about the ability of hackers and others to disenfranchise voters. In the last five years, Maryland and Washington State have set up voter registration systems that make it easy for people to register to vote and update their address information online. The problem is that in both states, all the information required from voters to log in to the system is publicly available. It took The New York Times less than three minutes to track down the information online needed to update the registrations of several prominent executives in Washington State. Complete voter lists, which include a name, birth date, addresses and party affiliation, can be easily bought — and are, right now, in the hands of thousands of campaign volunteers.

Maryland: Cracks in Maryland and Washington Voter Databases | NYTimes.com

Computer security experts have identified vulnerabilities in the voter registration databases in two states, raising concerns about the ability of hackers and others to disenfranchise voters. In the last five years, Maryland and Washington State have set up voter registration systems that make it easy for people to register to vote and update their address information online. The problem is that in both states, all the information required from voters to log in to the system is publicly available. It took The New York Times less than three minutes to track down the information online needed to update the registrations of several prominent executives in Washington State. Complete voter lists, which include a name, birth date, addresses and party affiliation, can be easily bought — and are, right now, in the hands of thousands of campaign volunteers.

Washington: State can’t use Homeland Security records to check voter lists | Spokesman.com

Washington can’t use immigrant registration records from the U.S. Homeland Security Department to verify names on its voter rolls, state elections officials said today. The reason: The state doesn’t have a system that requires proof of legal residence before issuing a driver’s license, which is necessary to use the federal system. Secretary of State Sam Reed requested access to the federal system in July as a way of checking the accuracy of the state’s voter rolls. But to use the Systematic Alien Verification for Entitlements Program, which is designed to determine whether a person qualifies for different social and medical programs, the state would need to issue some sort of identification card that checks for legal immigration status.

Washington: A.C.L.U. announces Voting Rights lawsuit against City of Yakima | Examiner.com

The American Civil Liberties Union announces voting rights suit in Yakima on Wednesday August 22. As previously mentioned in this column, more than 40% of Yakima’s Hispanic population have no Hispanic city council representative. Thirty years of immigration have changed the ethnic mix of Yakima but political representation in city council does not reflect that change. There are several contributing factors but an odd “at large” election system is seen as a significant barrier to realization of equal representation. Only three of seven council seats are chosen from districts the candidates reside in. Four seats are voted in “at large” which means majority populations can decide who represents minority districts. The result of this at large system is that some districts have no council person living in that district. Three council districts have all seven council person in residence. That isn’t equal representation it’s majority oppression.

Washington: ACLU to file voting rights lawsuit against city of Yakima WA | Yakima Herald-Republic

The American Civil Liberties Union today will announce details of what it calls a major voting rights lawsuit against the city of Yakima. “It’s something we’ve been looking at for a while,” said Seattle-based ACLU spokesman Doug Honig, who otherwise declined to release any details of the lawsuit prior to today’s announcement. Since 2010, the ACLU has made several threats to sue the city under the federal Voting Rights Act, most recently after voters rejected an August 2011 proposition that would have forced City Council elections to be voted on by district.  The council members are currently elected under a hybrid system of at-large voting for three seats and district-based voting for four seats. District selections only occur in the primary, but all seven seats are voted on at-large in citywide general elections. Voting rights advocates have argued there’s enough evidence to prove the city has a history of racially polarized voting that is suppressing candidates who represent minority interests. “It’s very likely,” ACLU legal director Sarah Dunne said about the possibility of a lawsuit in August 2011 when voters turned thumbs down on district only voting.