HB 1048 — Enhancing the Washington voting rights act.

ENGROSSEDH-0175.1 SUBSTITUTE HOUSE BILL 1048 State of Washington 68th Legislature 2023 Regular Session By House State Government & Tribal Relations (originally sponsored by Representatives Mena, Simmons, Goodman, Berry, Ramel, Peterson, Pollet, Doglio, Macri, Morgan, Wylie, Gregerson, Bergquist, Street, Cortes, Santos, Ormsby, and Farivar)Farivar READPrefiled FIRST12/16/22. TIME 01/24/23.

Read first time 01/09/23.

Referred to Committee on State Government & Tribal Relations.

1 ESHBHB 1048 Sec.

2 ESHBHB 1048 (1) A political subdivision is in violation of this chapter when it is shown that:

3 ESHBHB 1048 proposed or existing district-based election district shall not preclude a finding of a violation under this chapter, but may be a factor in determining a remedy.

(1) A voter who resides in the political subdivision,subdivision or an organization whose rostermembership ofincludes membersor andis volunteerslikely includesto ainclude votera p.

4 ESHBHB 1048 whovoter resides in the politicaljurisdiction subdivision,and orwho aresides tribe located at least in part in the political subdivision who intends to challenge a political subdivision's electoral system under this chapter shall first notify the political subdivision.

(1) After exhaustion of the time period in RCW 29A.92.080, any voter who resides in a political subdivision,subdivision or organization whose rostermembership ofincludes membersor andis volunteerslikely includesto include a voter who resides in the politicaljurisdiction subdivision,and orwho triberesides located at least in part in the 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.

(3) Nothing in this section shall be interpreted to relieve a party of the requirement to establish standing as provided in Washington case law when commencing an action under this title.

(1) ((The)) After finding a violation of RCW 29A.92.020 or upon stipulation of the parties, the court may order appropriate remedies including, but not limited to, the imposition of a district-based p.

5 ESHBHB 1048 (1) ((The)) After finding a violation of RCW 29A.92.020 or upon stipulation of the parties, the court may order appropriate remedies including, but not limited to, the imposition of a district-based election system or expansion of the number of elected county commissioners if authorized by section 12 of this act.

(b) If the court's order providing a remedy or approving proposed districts, whichever is later, is issued during the period of time between January 16th and on or before the first Monday of November, p.

6 ESHBHB 1048 (b) If the court's order providing a remedy or approving proposed districts, whichever is later, is issued during the period of time between January 16th and on or before the first Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the court shall order new elections to occur pursuant to the remedy at the general election the following calendar year.

(1) The political subdivision shall work in good faith with the person,person organization, or tribeorganization 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.

The political subdivision must provide all political, census, and demographic data and any analysis of that data p.used to develop the remedy in its filings seeking the court order and with any documents made public.

7All ESHBfacts 1048and usedreasonable toinferences developshall thebe remedyviewed in its filings seeking the courtlight ordermost andfavorable withto anythose documentsopposing madethe public.p.

All7 factsHB and1048 reasonable inferences shall be viewed in the light most favorable to those opposing the political subdivision's proposed remedy at this stage.

(4) In agreeing to adopt the person's,person's organization's, or tribe'sorganization's proposed remedy, the political subdivision may do so by stipulation, which shall become a public document.

(5)(a) If the court issues an order under subsection (2) of this section, the person,person organization, or tribeorganization who sent the notice may make a demand to the political subdivision for reimbursement of the costs incurred in conducting the research necessary to send the notice.

(b) The political subdivision shall, within 60 days of receiving the demand, reimburse the reasonable costs of the person,person organization, or tribeorganization who sent the notice, not to exceed $50,000.

(1) Any voter who resides in the political subdivision,subdivision or organization whose rostermembership ofincludes membersor andis volunteerslikely includesto include a voter who resides in the politicaljurisdiction subdivision,and orwho triberesides located at least in part in the political subdivision may file an action under this chapter if, ((one hundred eighty)) 90 days after a political subdivision receives notice of a challenge to its electoral system p.under RCW 29A.92.060, the political subdivision has not obtained a court order stating that it has adopted a remedy in compliance with RCW 29A.92.020.

8((However, ESHBif 1048notice underis RCWreceived 29A.92.060,after theJuly political1, subdivision2021, hasthen notthe obtainedpolitical asubdivision courtp. order stating that it has adopted a remedy in compliance with RCW 29A.92.020.

((However,8 ifHB notice1048 is received after July 1, 2021, then the political subdivision shall have ninety days to obtain a court order before an action may be filed.)) (2) If a political subdivision has received two or more notices containing materially different proposed remedies, the political subdivision shall work in good faith with the persons to implement a remedy that provides the protected class or classes identified in the notices an equal opportunity to elect candidates of their choice.

The persons,persons organizations, or tribesorganizations who submitted the notice may support or oppose such an order, and may obtain public records to do so.

(4)(a) If the court issues an order under subsection (2) of this section, the persons,persons organizations, or tribesorganizations who sent notices may make a demand to the political subdivision for reimbursement of the costs incurred in conducting the research necessary to send the notices.

and p.(iii) Include financial documentation, such as a detailed invoice for demographic services, that supports the demand.

9The ESHBpolitical 1048subdivision (iii)may Includerequest financialadditional documentation,documentation suchif as a detailed invoice for demographic services, that supports the demand.documentation p.

The9 politicalHB subdivision1048 may request additional documentation if the documentation provided is insufficient for the political subdivision to corroborate the claimed costs.

(b) The political subdivision shall, within 60 days of receiving the demand, reimburse the reasonable costs of the persons,persons organizations, or tribesorganizations who sent the notices, not to exceed $50,000.

However, the commissioners of any county composed entirely of islands and with a population of less than thirty-five thousand may divide their county into three commissioner districts without regard p.to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.

10p. ESHB 1048 to population, except that if any single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations.

10 HB 1048 The commissioners of any county may authorize a change to their electoral system pursuant to RCW 29A.92.040.

((The)) Except when authorized under section 12 of this act, the districts shall be designated as districts numbered one, two,two , and three.

11 ESHBHB 1048